Do I need to pay for holidays. Are holidays paid

Work on holidaysnot the most joyful activity for employees, and in order to motivate them, the employer can increase wages during this time. But at the legislative level, wages on holidays are also regulated, and the employer must take into account the established minimum.

What days are considered holidays

The days that the legislator recognizes as non-working holidays are listed in Art. 112 of the Labor Code of the Russian Federation: January 1-8, February 23, March 8, May 1 and 9, June 12 and November 4. At the same time, in certain territories, at the request of religious associations, other days can also be declared holidays.

You also need to take into account the fact that holidays can fall on weekends. In this case, the day off is carried over to the first business day after the holiday. Moreover, when calculating salaries, you need to remember that it is the day off that is postponed, and the payment for the holiday falls on the date that is marked as red on the calendar.

Payment for holidays with a shift work schedule

Issues of payment for work on holidays for all categories of employees are regulated by Art. 153 of the Labor Code of the Russian Federation - and shift workers are no exception. The difference between work in shifts is that a holiday in this case is not extra work above the norm, and the usual shift within the framework of the monthly schedule. It's just that the schedule was made in such a way that someone got to work on a holiday.

However, the fact that work on a holiday was foreseen in advance, and was not the result of an abnormal situation, does not mean that this should not affect wages. By general rule work on a holiday is paid double, and for shift workers this rule is the same, only it is implemented in a slightly different way.

For work on a holiday, such an employee receives his / her daily / hourly rate (for normal going to work), plus at least one more daily / hourly rate (for going to work on a holiday). The result is a double payment.

Payment of holidays when shift schedule the work is done like this: Ivanov works 10 shifts a month with a salary of 30,000 rubles (the daily rate is 30,000 / 10 = 3,000 rubles), worked all 10 shifts a month, but one of them fell on a holiday. As a result, he gets his 30,000 rubles (monthly salary) + 3,000 rubles (daily rate) for work on a holiday - a total of 33,000 rubles.

Remuneration for employees working on a standard schedule

All employees who work according to the standard schedule have a rest on holidays, since they are non-working for them. It is possible to call such an employee to work on a holiday only after a preliminary order from the management and only in emergency situations. Paid for going to work on a holiday, according to the same Art. 153 of the Labor Code of the Russian Federation, in double the amount.

For those workers who receive piece-rate wages, double piece rates apply on the 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 an ordinary 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 daily / hourly tariff rates get that day double your bet. It should also be borne in mind that such a day should not have been counted in the month as a working day at all.

Don't know your rights?

For example: Ivanov worked 21 days in a month where there are only 20 working days (that is, 1 day was a holiday) at a daily rate of 2500 rubles. This means that for a holiday he is entitled to 2500 × 2 = 5000 rubles, and for the whole month - 20 × 2500 + 1 × 5000 = 55,000 rubles.

Night work on holidays and its payment

Another feature of work during the holidays is the fact that the employee can be attracted to work at night. Here, when calculating wages, allowances for both nighttime and holiday are taken into account. In accordance with the Government decree "On the minimum amount of increase in wages for work at night" No. 554 of July 22, 2008, the answer to the question of how work is paid on holidays at night is as follows: from 22 to 6 hours, 20 %.

Here again there are two calculation options:

1. Those employees who went to work during the night hours of the holiday according to the schedule (i.e., within the framework of the monthly labor norm) receive an additional payment of 100% for going to work on a holiday and an additional payment of 20% of the hourly rate for the night. ...
2. Those employees for whom work on a holiday was not provided for in the schedule, receive double the tariff rate, taking into account the allowance for night time.

It should be noted, however, that 20% is just the minimum markup level. The management of the enterprise may well make it even higher, securing such a decision in the collective agreement and other local act.

Replacement of payment with time off

Instead of receiving monetary compensation for work on a holiday, the employee has the right to take time off. In this case, the holiday is paid as usual, the doubling of the payment is canceled, and the selected day is not paid.

The legislator has not regulated the procedure for choosing a day of rest instead of a worked holiday, but do not forget that the employee must notify the manager or the accounting department of his choice before the end of the month (after all, by default, he will simply be charged double payment). In addition, the day of rest itself must be coordinated with the management.

Registration of work on holidays according to the 2017-2018 schedule

As mentioned above, if work on a holiday is caused by an emergency, then it is involved in it by written order of the head. This can be done, for example, in the form of an order, with which the employee is introduced to the signature. In this case, the signature under the order will at the same time serve as confirmation of the employee's consent to go to work on a holiday. Although such consent may well be formalized in a separate statement.

The employee responsible for the time tracking uses the timesheet for unified form T-13 (from January 1, 2013, it is not mandatory, but continues to be applied in most enterprises) to mark the exit to work on a public holiday. The timesheet is a primary reporting document and is subsequently used to calculate salaries.

Processing on the pre-holiday day

According to the norms of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day preceding the holiday is reduced by 1 hour. Thus, if an employee has to work the standard amount of time on that day, then the last hour will be counted as overtime. Also, this hour will be considered overtime for employees working in shifts who, due to the specifics of their activities, cannot finish their work earlier.

There are two types of compensation for this hour:

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

Overtime pay means that the employee receives one and a half hourly wages for the first two hours of overtime and doubles for each additional hour.

Who can be attracted to work on weekends and holidays?

The norms of 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 your workflow are mentioned here:

1. Continuous production or 24/7 service. In such companies, the work of employees (all or only part of the team) is usually built on a shift basis.
2. A typical work schedule where 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 gets a job in shifts, then even before signing an employment contract, he is warned about the need to work on holidays, if this is provided for by the schedule.

For the rest of the workers, access to workplace on a holiday is an exceptional situation, which is possible only after a written order from the management and receiving written consent the employee himself.

IMPORTANT! Pregnant women and minors must not be involved in work on holidays. Women with children under the age of 3, disabled children of any age, as well as single mothers with children under 5 may be asked to go to work on a public holiday only if they have no medical contraindications to do so.

For work on holidays, the employee is guaranteed to receive compensation. It can be expressed in the provision of time off instead of a worked holiday or in doubling the wages for going to work. The management of the company can increase the amount of monetary compensation and offer the employee a higher salary. In this case, the appropriate procedure for calculating salaries on holidays should be fixed in the local act of the company. But what days in the state are considered holidays is established only at the legislative level.

1. If the employer does not pay for holidays and weekends, what should the employee do?

1.1. good day
File a complaint with State inspection for labor and employment.

2. I work as a driver in Moscow construction company which works in the city of Chelyabinsk. I work under an employment contract where in paragraph 9) of the employment contract "features of the Employee's work regime" - a working week of 40 hours.
Clause 10) weekends are provided to the Employee on a weekly basis; on weekends (Saturday, Sunday) and holidays. Payment overtime work, work on weekends and holidays is carried out in accordance with labor legislation.
Clause 11) of the employment contract "Working hours of the Employee"
Monday-Friday 08-45 start of work
Monday-Thursday 17-45 end of work
Friday 16-30 end of work.
Lunch break 12-30 beginning 13-15 end.

In fact, I work from 06-30 departure and return at 20-30 from Monday to Friday, which is reflected in the waybill. Worked three full months before graduation probationary period... I realized that no one is going to pay for overtime by the hour. Made a personal statement addressed to general director to the project manager. Received a verbal refusal.
I was told that they did not approve of this and it was explained that the report card was closed in accordance with labor contract and processing is not taken into account in it.
I understand that the employer is deliberately violating this.
Over the past two months, two drivers have been fired from another vehicle by threats. One was fired for not going to work on Sunday on their own... Threatened with dismissal due to non-compliance with the position held and not passing the probationary period.
The second was fired for demanding that he be familiarized with the company's internal charter and the document on bonuses to the Employee.
Thanks a lot.

2.1. You understand everything correctly. In Chelyabinsk there is a state. labor inspection. Apply with the application there with a note of receipt of the application, state everything in detail, think about the evidence, discuss the situation with the inspectors. Further, the prosecutor's office, the court. Find laid-off employees.

2.2. Hello
The consultation may not be complete without examining your documents, however
it is obvious that the employer is committing obvious violations. In your situation
the main task is to prepare evidence: copy all the vouchers with revision and save your application (if you have, of course, put an incoming mark on it). Conduct all negotiations with the voice recorder on. If there is a desire to go to the victorious, then in the end, contact a lawyer for a more detailed consultation, help in drawing up required documents and the development of a competent legal position.
ALWAYS FIGHT FOR YOUR RIGHTS.

3. An employer, when starting a part-time job, pays not in double the amount, but in a single one, even if you go out on a day off your working day on holidays and the part-time job is paid in the bonus part and not as a way to go to work, is he breaking the law?

3.1. Yes, the employer is in breach of labor laws because the pay is doubled on weekends. However, it will be difficult to prove to you that you are going to work on weekends, since most likely they will not be put on the report card if they are paid by increasing the bonus.
In order to be able to prove this fact, it is necessary before each going to work in overtime or on a day off to demand to read the order. In addition, without your consent, the employer has no right to involve you in overtime work and on weekends.

4. I work under a gph contract, for the month of May the employer drew up a contract immediately from May 6 and not from May 1 and indicated the payment in the contract at 3200 less, explaining that there were holidays, and for 1-5 ... 9-12 I did not pay will. I did not sign the contract, but I took it for consideration. How can I get the previous payment, and was it legal to deduct from me for these days, if nothing is specified in the agreement on the working hours. I have a service contract.

4.1. You need to study the contract.

4.2. Good afternoon, Anastasia!
In accordance with current legislation, work carried out on the basis of a civil contract is governed by the terms of such an agreement.
Unfortunately, when concluding a GPC agreement, your interests are not protected by labor legislation, but are subject to Civil Code RF (hereinafter referred to as the Civil Code of the RF).
In accordance with Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude an agreement, including in determining its terms. Compulsion to conclude a contract is not allowed, it is impossible to compel the employer to include the conditions you wish in the contract.

However, there are other ways to resolve your situation.
A full answer to your question can be given only after studying your contract. Send scans / photos, I read, I will give recommendations.

Sincerely,
Lapshin Alexey Vyacheslavovich.

5. I work under a gph contract. The employer refuses to pay me holidays from 1 to 5 and from 9 to 12 ... and indicated in the contract the payment is 3200 less than usual. It is legal? After all, I have a contract for the provision of services, and about work time nothing is written there. What days do they subtract for?

5.1. Are obliged to pay the amount specified in the contract. It doesn't matter holidays or not.

5.2. Good afternoon, Anastasia.
If you work under a civil law contract, then the amount payable for the services you provide is written down directly in the contract. The contract is drawn up prior to the commencement of the provision of services by you. They are obliged to pay the amount that is specified in the contract.
But in general it is better to see and study your agreement and all the circumstances. Only then can you give the recommendations you need.
I hope I was able to help you.
Respectfully yours, Lidia Anatolyevna Kukhtina, Astrakhan.

6. I have piecework wages. At the same time, the labor contract specifies the tariff at which overtime, night hours and holidays are additionally paid. It so happened that due to the fault of the employer they cannot provide jobs (no orders). ME is kicked out to administrative offices at their own expense. Either they would make out a simple one when paying 2/3 of the tariff rate. At the same time, I have to come to work for at least half an hour (show up and go home) How should I pay simple pieceworkers correctly if the average salary is 1600 r per day, and I am paid 2/3 of the tariff - this is 230 rubles PER DAY ( despite the fact that I have to spend them on the way to work, to come there for 20-30 minutes) is it legal?

6.1. Hello. Simple, happened through no fault of the employer. In the case of the employer's fault, the reason is the employer's guilty actions (inaction) or emergencies caused by natural or man-made factors.
Simple, the reasons for which were circumstances beyond the control of the employee and the employer, and the employee's innocent actions. In your case, however, the employer is violating your rights. It is advisable to apply for the restoration of violated rights to the prosecutor's office, or labor inspection.

7. My name is Tatiana. I have this question. I work in a bakery, we have a shift schedule. All non-working holidays have coincided since January. The salary depends on the output. Does the employer have to pay for the shift in double the amount.? This is not written in the contract.

7.1. Hello, Tatyana! Regardless of whether the additional payment for work on weekends and non-working holidays is indicated in the employment contract, it must be made by the employer in accordance with Art. 153 of the Labor Code of the Russian Federation. So, if labor is paid according to daily and hourly tariff rates, then the payment for work on a weekend non-working holiday should be at least double the daily or hourly tariff rate. If the payment is piece-rate, then at least double piece-rate rates.

8. Organization LLC ... adopted an order from July 2018 not to pay in double rate for holidays.
The work schedule is changeable 2/2 for 10 hours. That is, we work for two days, we rest for two days. Therefore, holidays sometimes fall on a work shift. Article 153 of the Labor Code says the opposite. The question is whether the employer has the right not to pay for work on holidays at a double rate and write such orders to the accounting department.

25.2. If you are officially employed, then your employer is obliged to pay for the holidays. Go to the labor inspectorate with a complaint, to the court.

26. I do not need to formulate a question, but to find out whether holidays are paid with a schedule in two days or when working 12 hours a day. My employer and accountant claim that with such a schedule, holidays are not paid because working days on holidays fall according to the schedule.

26.1. Good afternoon, your employer and accountant are wrong, holidays are paid as expected in double the amount. In the event that a part of the work shift falls on such a day, then the hours actually worked on a weekend or a non-working holiday (from 0 hours to 24 hours) are paid in an increased amount.

"" The employee has the right to apply "to the court" for the resolution of an individual labor dispute within three months from the date when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the order on dismissal or from the date of issue work book.
"" For the resolution of an individual labor dispute on non-payment or incomplete payment wages and other payments due to the employee, he has the right to go to court within one year from the date of the established "deadline" for the payment of these amounts, including in the event of non-payment or incomplete payment of wages and other payments due to the employee upon dismissal.
(part two was introduced by the Federal Law of 03.07.2016 N 272-FZ)

27.3. Good afternoon, Vyacheslav!
On the day of dismissal, you must be paid ALL money that you owe. Remind him of other articles:
Labor Code Russian Federation... Article 142. Liability of the employer for violation of the terms of payment of wages and other amounts due to the employee

The employer and (or) the representatives of the employer authorized by him in the prescribed manner, who have made a delay in the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws.

In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:

During periods of the introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

In the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, firefighting work, work to prevent or eliminate natural disasters and emergencies, in law enforcement agencies;

Civil servants;

In organizations directly serving highly hazardous types of industries, equipment;

Employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours.

(part three was introduced by the Federal Law of 30.06.2006 N 90-FZ)

For the period of suspension of work, the employee retains the average earnings.

(part four was introduced by the Federal Law of December 30, 2015 N 434-FZ)

An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to go to work no later than the next working day after receiving a written notification from the employer about his readiness to pay the delayed wages on the day the employee leaves work.

(the part was introduced by the Federal Law of 30.06.2006 N 90-FZ)

Labor Code of the Russian Federation. Section 236. Material liability employer for late payment of wages and other payments due to the employee

(as amended by Federal Law of 03.07.2016 N 272-FZ)

In case of violation by the employer the deadline respectively, the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the key rate in force at that time The central bank Of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to the employee may be increased collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.

And if he shrugs off and says "nonsense", then show him this article:
The Criminal Code of the Russian Federation. Article 145.1. Failure to pay wages, pensions, scholarships, allowances and other payments

(as amended by Federal Law of 23.12.2010 N 382-FZ)

1. Partial non-payment of wages, pensions, scholarships, allowances and other over three months established by law payments made out of selfish or other personal interest by the head of the organization, the employer - natural person, the head of a branch, representative office or other separate structural unit organizations, -

Shall be punished with a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for up to one year, or forced labor for up to two years, or imprisonment for up to one year.

2. Complete non-payment of wages, pensions, scholarships, allowances and other statutory payments for more than two months, or payment of wages for more than two months in an amount lower than that established by federal law minimum size remuneration for labor made out of selfish or other personal interest by the head of an organization, an employer - an individual, the head of a branch, representative office or other separate structural subdivision of an organization -

Shall be punished with a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years, or compulsory labor for a period of up to three years with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without it, or imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.

(as amended by Federal Law of 07.12.2011 N 420-FZ)

3. The acts provided for in the first or second parts of this Article, if they have entailed grave consequences, -

Shall be punished with a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of one to three years, or imprisonment for a term of two to five years with the deprivation of the right to hold certain positions or engage in certain activities for a term up to five years or not.

Note. Partial non-payment of wages, pensions, scholarships, allowances and other statutory payments in this article means making a payment in the amount of less than half of the amount payable.

28. Does the employer have the right not to pay for holidays, that is, for May I am paid only 50% of the salary, because I did not work on holidays. That is, they pay me not for 20 working days, but for 17. Although I worked all days except May 1,8,9.

28.1. No, this is not legal. You can contact the Prosecutor's Office of the Labor Inspectorate to carry out a check on these facts and issue instructions.

28.2. Konstantin, good evening. The employer's actions are illegal. Holidays must be paid if they fall on a business day. You can file a complaint with the labor inspectorate. I will be happy to help you compose it, please contact me in private messages.

29. Subject payment sick leave, work injury.
I had an injury on the way to work, a tear in the ligaments of my foot.
I am a traveling employee in a corporate car, I travel around health care facilities for work needs. On the day of the injury, we had a regional meeting at a hotel in the city center, and my manager wrote an SMS in WhatsApp (there is this SMS) that everyone would take the metro and that the company would not pay for paid parking. I was supposed to be at the meeting at 9:30. The trauma took place in the subway at 9:03, which was recorded by the camera and the trauma of the OMC. The employer wants to pay me sick leave in accordance with company policy 20% of the salary. (as in the contract, I have been working in this company for less than a year, I have a total flock of 18 years, but the company takes into account only the length of service in their company when paying sick leave). The negotiations were not crowned with success, the personnel department stands on the fact that this is not an occupational injury and that I am not entitled to sick leave in 100%. Here are the abstracts of the article. Here is their response from the letter:
“I answer: since you got to your place of work by public transport, this case does not imply that this event should be considered as an“ accident at work ”.
The order of the management to go by the metro does not affect the qualification of this case, the event is considered after the fact - where and when it happened.
Since the injury occurred at 09.03 and was received while following public transport to work, this case does not fall under consideration as an "accident subject to investigation and registration" (Article 227)

Please write on what are you basing yourself on when talking about an occupational injury?

Below is an excerpt from.
Article 227. Accidents subject to investigation and registration

Investigation and accounting in accordance with this chapter are subject to accidents that have occurred with employees and other persons involved in production activities employer (including with persons subject to compulsory social insurance against accidents at work and occupational diseases), in the performance of their labor duties or performing any work on behalf of the employer (his representative), as well as in the implementation of other lawful actions due to labor relations with the employer or performed in his interests.
The persons participating in the employer's production activities, in addition to employees performing their duties under an employment contract, in particular, include: employees and other persons receiving education in accordance with an apprenticeship contract;
(as amended by Federal Law of 02.07.2013 N 185-FZ) industrial practice;
(as amended by Federal Law of 02.07.2013 N 185-FZ) persons suffering from mental disorders, participating in productive work at medical and industrial enterprises in the manner of occupational therapy in accordance with medical recommendations; persons sentenced to imprisonment and involved in labor; persons involved in the prescribed manner to perform community service; members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.
The following events are subject to investigation in accordance with the established procedure as accidents, as a result of which the victims received: bodily injuries (injuries), including those caused by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other damage to health caused by external factors, which entailed the need to transfer victims to another job, temporary or permanent disability or death of the injured, if these events occurred: during working hours on the territory of the employer or in another place of work, including during the established breaks, as well as during the time required to put in order the tools of production and clothing, perform other actions provided for by the internal labor regulations before the start and after the end of work, or when work is performed outside the working hours established for the employee, on weekends and non-working holidays; when going to the place of work or from work to vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract; when going to the place of business trip and back, during business trips by public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot; when traveling on a vehicle as a shift during inter-shift rest (driver-shift on a vehicle, conductor or mechanic of the refrigerator section on a train, a member of a mail carriage brigade and others); at work on a rotational basis during inter-shift rest, as well as while on a ship (air, sea, river) in his free time from watch and ship work; in the implementation of other lawful actions due to labor relations with the employer or committed in his interests, including actions aimed at preventing a catastrophe, accident or accident. "
Please help me deal with an occupational injury in order to competently answer the question of the HR department: "Where did you get the idea that this is an occupational injury"?

29.1. Hello! You can prepare a complaint to the prosecutor's office, you can send it through its website. Specifying specific articles of the law is optional. The appeal is drawn up in a free form. Attach the relevant documents (if any) and evidence to the complaint. The prosecutor's office will check and if the fact of violation of your rights is confirmed, then they will take action.

30. I got a job, Kompleksservice LLC, in the employment contract the employer sets salary for the employee: salary 8 125, regional coefficient 30%, northern allowance 30%. I would like to know how much salary should I have, tk. other employees told me that they do not receive fat in this organization, they do not pay extra for holidays and weekends, we work for days and in the contract we sign a working day only in the daytime.

30.1. The salary will be in the amount of 13,000 rubles, if the weekend and additional hours of work are not paid, please contact the labor inspectorate with a complaint about the unlawful actions of the employer.

31. To the Central District Court of St.

Plaintiff:
APPLICATION for the restoration of the term for applying to the labor court
I filed a lawsuit in the court in the case of collecting wages for work on weekends and holidays, monetary compensation for violation of payment deadlines and compensation for moral damage to. In the course of preparation, the defendant's representative filed a petition for the application of the consequences of missing the deadline for going to court.
In accordance with article 392 of the Labor Code of the Russian Federation, an employee has the right to apply to the court for the resolution of an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the day of delivery of a copy of the dismissal order to him or from the date of issue of the work book. If the deadlines are missed for valid reasons, they can be restored by the court.
According to clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", circumstances that prevented this employee promptly file a claim in court for the resolution of an individual labor dispute (for example, the plaintiff's illness, his being on a business trip, the impossibility of going to court due to force majeure, the need to care for seriously ill family members).
I became aware of a violation of my right when, in response to my application for payment for work on weekends, LLC "" agreed to pay the amount only for the period of 2016. For the rest of the dates, I have not received a justified refusal.
I think that I missed the deadline for going to court. good reason in view of the fear of an offensive negative consequences in service in the event of a claim against the employer.
In particular, overtime and on weekends are considered to be a manifestation of loyalty in the company LLC "". this work with rare exceptions, it is not paid.
For example, to business trip from to (was a day off) in the item for the purpose of "" besides me, the following participants were involved:.
Only I received payment for work on the day off.
Apart from me, the following participants were involved in a business trip from to (was a day off) to the settlement of Estosadok in Sochi for the purpose of "Reporting on the results of current activities".
Only I received payment for work on the day off on 10/30/2016.
In addition, the employer does not issue orders to attract employees to work beyond the established time, with which they should be familiarized. This indicates violations by the employer of the Labor Code.
Since my employment, all of my supervisors have talked about the impossibility of receiving payments, and in case of questions, they talked about the lack of a career and poor job evaluation for "employees receiving additional payments."
Moreover, I want to note that upon request Federal Service on labor and employment from LLC "" provided inaccurate data on attracting me to work on weekends (information on this issue in my Statement of Claim No.).
Following my claim for weekend pay, I consider the Application Order issued to me as evidence of bias. disciplinary action in the form of a reprimand, with which I disagree (What I reported to the Labor and Employment Service). Moreover, he was on vacation in Moscow --.--., And the memo was signed by him according to the order on this very date. Accordingly, the memo is unreliable, and the signature should be considered invalid. The Branch Manager knew about it.
Together with, they forced me to sign an unrealizable development plan in advance, the deadline for which was set to 5 days with the aim of further pressure on me.
Accordingly, my fears about the onset of negative consequences in the service in the event of a claim against the employer were confirmed by the actual actions of the management in the person of and. In order not to develop a further conflict on the part of Andrey Shevtsov, I was asked to leave the company by agreement of the parties, without excluding my possibility of applying to the judicial authority to protect my interests on the violation of Article 235 of the Labor Code.
If the employer untimely paid (did not pay at all) wages, then he is obliged, in accordance with Article 235 of the Labor Code, if he violates the established deadline for the payment of wages, vacation pay, dismissal payments and other payments due to the employee, to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts unpaid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive.
In addition, in the above situations, the employee has the right, on the basis of Article 237 of the Labor Code, to demand from his employer or former employer compensation for moral damage caused by unlawful actions or inaction of the employer, without specifying specific types of offenses.
Part 3 of Art. 4 of the Labor Code of the Russian Federation, the payment of wages is not fully qualified as forced labor. Involvement in forced labor in accordance with Art. 3 of the Labor Code of the Russian Federation is discrimination. In connection with the above, on the basis of Art. Art. 3, 4 of the Labor Code of the Russian Federation, employees are not deprived of the right to go to court with a claim to end discrimination in the form of involving employees in forced labor and compensation for moral damage. The time limits for going to court do not apply to claims to end discrimination and compensation for moral harm (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 N 10 "Some questions of the application of legislation on compensation for moral harm", which, by virtue of direct instructions, is applicable To labor relations). Obviously, these requirements have an independent subject matter and grounds. Compensation for moral damage in this case cannot be less than wage arrears. Less compensation for non-pecuniary damage means that discrimination in the form of forced labor continues.
Based on the foregoing, guided by Article 392 of the Labor Code of the Russian Federation,
I beg:
Recognize the reasons for missing the deadline as valid and restore the deadline for going to court.

31.1. Well, you are well done, but what is required of us? To rate the document? Let's just say it is composed as a whole and in general is normal, the essence of the requirements and grounds is clear. The final assessment of the need to restore the missed deadline for going to court will be given directly by the judge.

32. I want to get a job as a watchman, the schedule is a day in two. Will I have overtime, how should an employer (if, of course, have to) pay for overtime, work in the evening and at night, and on holidays? Hourly recording of working hours. Billing period monthly. Or it is better not to ask unnecessary questions, so that they would not be fired, for example, "for dirt under the nails", I live in countryside and there is simply no other work, this place has been waiting for half a year. I talked to the workers, no one really knows anything about the hourly wage, an hour, so much, in a month so and so. legally illiterate, that's why I appeal to you. Thank you. I also thank your colleagues, I have always received laconic and understandable answers to the legal ignoramus. All the best.

Work on a weekend or a non-working holiday is paid at least in double the amount:
piece-workers - not less than double piece-rate rates;
employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage 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 the monthly norm of working time, 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 time.
Specific amounts of payment for work on a weekend or a non-working holiday can be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of employees, and an employment contract.
At the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.
Payment for work on weekends and non-working holidays of creative workers of funds mass media, organizations of cinematography, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral 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.
(as amended by Federal Law of 28.02.2008 N 13-FZ)
(see text in previous edition)

41. Worked daily in accordance with the schedule from 8 am to 8 am from 2 to 3, from 5 to 6 and from 8 to 9 January 2017. The employer claims that these are not holidays, but weekends and, accordingly, has no desire to pay for them ... My actions?

41.1. January 1, 2, 3, 4, 5, 6 and 8 - New Year's holidays - it means you must pay double the amount or provide an additional day of rest - write a complaint to the State Institute of Informatics or the Prosecutor's Office.

48. What to do if the employer does not give days off on holidays in January with a 40-hour work week and is not going to pay them in double the amount?

48.1. Good day! In such circumstances, you need to contact the prosecutor's office and labor inspectorate to conduct an inspection and make a decision on the merits.

49. I work in "000" 2/2 10 hours a working day, on weekends and holidays 12 hours. When the shift falls on holidays, the employer does not pay for them. Should he pay double the amount for holidays in this situation?

49.1. Hello! Vitaly, the employer must pay double the amount for work on holidays. Contact the GIT or the prosecutor's office. Good luck to you!

50. I work in "LLC" 2/2 working day 12 hours. The employer does not pay for the holidays, explaining that we are working on schedule. Does he have to pay for the holidays or not in this case?

50.1. Yes, the employer must pay an increased amount for work on holidays. File a complaint with the labor inspectorate.

Comments Elena Kopteva, Head of Payroll Department at Acsour.

General Provisions

The basic principles of remuneration for work on weekends and established holidays are set out in Article 153 of the Labor Code of the Russian Federation. The legislation provides for two payment options: double or single with an additional day of rest. The right to choose is given to the employee independently and cannot be established by the Employer unilaterally. The amount of payment for work on a holiday depends on the system of remuneration for each employee: pieceworkers are paid at least at double piece rates; employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage rate.

Workers who receive a salary (official salary) are paid for work on a holiday depending on how the work time on a holiday compares with the established norm of working time in the current month: work on a holiday was performed within the norm, or in excess of the monthly norm of working time.

Based on the norms of Article 153 of the Labor Code, the minimum amount of payment on holidays follows, but the employer has the right to establish a different, increased amount of payment in internal regulations.

The main difficulties for the Employer are the correctness of the determination of the hourly wage rate and the accounting of the working time norm for the correct calculation of payment on a holiday.

It should be emphasized that the Labor Code clearly defines the concept of the minimum wage, however, the procedure for calculating the hourly wage rate is not spelled out. The watch is not regulated by law, but is determined at the initiative of the company.

The employer has the right to choose one of the following options for calculating this rate:

Division of salary by the norm of working time according to the production calendar;

Dividing the salary by the standard working time according to the employee's current schedule;

Division of the annual salary by the annual rate of hours according to the production calendar;

I would like to note that the procedure for calculating the hourly rate must necessarily be fixed in the company's internal regulations, however, unfortunately, not every organization pays attention to this.

Consider examples of payment on a holiday within the established norm of working hours and above the norm.

Example 1: Payment for work on a non-working holiday, with remuneration at the hourly wage rate, in excess of the established norm of working time. No other day of rest was provided.

Ivanov I.I. works according to the schedule of a five-day working week with an 8 hour working day. Salary 20,000 rubles. March 2017 was completed in full - 22 working days (175 hours). On March 8, an employee was recruited to work for 5 hours. Because total hours worked is 180 hours, which is higher than the established norm production calendar, then payment must be made at double the hourly rate. The hourly rate is calculated based on the working time norm according to the production calendar for the current month. The employer may establish a different procedure for calculating the hourly rate.

Salary for March will be: 21,142.85 rubles

Monthly salary: 20,000 / 22 working days * 22 = 20,000 rubles

Example 2: Payment for work on a non-working holiday, with remuneration at the hourly tariff rate, within the established norm of working hours. No other day of rest was provided.

Ivanov I.I. works according to the schedule of a five-day working week with an 8 hour working day. Salary 20,000 rubles. In March 2017, 21 days were worked, 1 day was taken at his own expense without payment. On March 8, an employee was recruited to work for 5 hours. Since the total amount of time worked is 173 hours, which is within the established norm of the production calendar, payment must be made in a single hourly rate (part 4 of article 153 of the Labor Code of the Russian Federation).

Salary for March will be: 19 662.32 rubles

Monthly salary: 20,000 / 22 working days * 21 = 19,090.90 rubles

At the same time, only unreasonable absences can reduce the working time norm (, vacation at their own expense, downtime due to the fault of the employee). If the employee from example 2 was 1 day in a period of incapacity for work, and not on vacation at his own expense, then the payment for the non-working holiday must be doubled.

Rationale for work on holidays and potential risks

According to Article 113 of the Labor Code of the Russian Federation, for employees to go to work on holidays and weekends, a clear justification is required, which the Code describes. The list of reasons permitted by law, for example, includes: the prevention of a catastrophe, an industrial accident, or the elimination of the consequences of a catastrophe, an industrial accident or natural disaster. If going to work on a holiday is not associated with any of the legislative grounds, then the employer will need the written consent of the employee. In addition, it is required to inform the employee in advance about his forced exit on a non-working day and issue an appropriate order.

Separately, we should consider the case when the remuneration for work on holidays and weekends is formed by the employer in excess of the norms of the Labor Code. In this case, the company will certainly face the risk of justifying expenses when calculating income tax. There is an opposite legislative practice regarding the inclusion of payment costs on holidays in amounts higher than those established by the Labor Code. Federal tax office allows such practices, while the RF Ministry of Finance takes a different point of view, and does not encourage such initiatives.

If the company decides to increase wages in excess of the norms of the Labor Code, then a clear justification of these costs is required, not to mention correct design of this initiative in accordance with Article 252 of the Labor Code and the employer's readiness to defend their position in front of government agencies.

In case of non-compliance with these standards, the risks of identifying violations of both Labor and Tax inspectorates... The tax authorities will definitely pay attention to the existence of an order and the justification of expenses clearly spelled out in the LNA.

Variety of options for pay on holidays and weekends

According to the previously mentioned Article 153 of the Labor Code of the Russian Federation, an alternative to double wages for workers on holidays and weekends is one additional day of rest.

If you literally interpret this provision, then you can come across the phrase that "an additional day of rest is not payable", but in reality everything is different, as described in detail in the Recommendations of Rostrud on payment for work on a holiday (approved by the Protocol of 02.06.2014 N 1 ). Unfortunately, many companies literally interpret this provision and refuse their employees to receive a full salary based on the results of the month worked, in which an additional day of rest was provided.

The employer must remember that if an employee insists on providing one day of rest instead of double wages, his salary cannot be reduced for that day. In this case, it is necessary to clearly understand whether the day off is included in the working time norm or not (Article 91), and pay attention to the fact that this day does not reduce the norm. The wages (salary) in the month when the day of rest is used is not reduced. In this case, it does not matter whether the employee takes a day off in the current month or in subsequent ones.

Example 3: Payment for work on a non-working holiday, with remuneration at the hourly wage rate. At the request of the employee, another day of rest is provided.

Ivanov I.I. works according to the schedule of a five-day working week with an 8 hour working day. Salary 20,000 rubles. In March 2017, 21 days were worked out, the norm of 22 days), on March 17, an additional day of rest was taken. On March 8, an employee was recruited to work at 8 o'clock.

The salary for March will be: 20,914.29 rubles.

Payment for work on March 8 is made in a single amount: 20,000 / 175 hours * 8 hours = 914.29 rubles.

Monthly salary (does not reduce the rate): 20,000 / 21 working days * 21 = 20,000 rubles

In addition, it should be borne in mind that if your company enters into an agreement with an employee for less than two months, payment for work on weekends and holidays is possible only in double the amount.

The most common mistakes of employers and ways to overcome them

Most often, employers violate legal norms by incorrectly registering work on a non-working holiday with employees. In addition, despite the unequivocal position of the TC, companies do not always inform employees in advance about their going to work on a holiday, or they receive consent to perform work. To minimize the risk of non-compliance with the law, the employer should take into account all holidays in advance and think about the distribution of the working time of his employees as early as possible.

Of course, the ideal option would be to discuss with the employee prematurely the possibility of working on holidays and weekends and the options for paying for it.

In addition to the above-mentioned main mistakes and difficulties, the employer may face technical difficulties... For example, in some programs software there is no standard opportunity to pay full salary if an employee chooses an additional day of rest. The solution in this situation would be to pay double the amount for the work on the holiday, and not pay for the rest day.

The establishment in internal regulations of an increased amount of wages on holidays will avoid the risk of incorrect calculation of wages on holidays below the norm of the Labor Code. According to the law, the amount of the fine for non-compliance labor standards can be at least 50 thousand rubles for each employee. At the same time, the Labor Commission has the right to independently decide whether to levy a fine for each employee individually or as a whole for one case of violation of the norms of the Labor Code of the Russian Federation.

In addition, if the Labor Commission revealed an incorrect payment of work performed during weekends and holidays, then the employer will not only need to make all the necessary payments, but also pay compensation for delayed wages.

ConsultantPlus: note.

Art. 153 does not apply to employees whose labor activity connected with the implementation of the events of the FIFA World Cup 2018, during the period, 10 days before and after the events (dated 07.06.2013 N 108-FZ).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

text in previous

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

(part three was introduced by the Federal Law of 18.06.2017 N 125-FZ)

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

Remuneration for labor on weekends and non-working holidays of creative workers of 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) of works, in accordance with with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral 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.

Federal Law of 28.02.2008 N 13-FZ)

(see text in previous)

Art. 153 of the Labor Code of the Russian Federation. Payment for labor on weekends and non-working holidays

Does the employer have the right not to pay for the holidays?

Tell me, does the employer have the right, at his discretion, not to pay for holidays? What are the grounds for this? I work officially, the contract states: Work on holidays and weekends is carried out by the Employee in the manner and in the cases established by the current legislation of the Russian Federation. I work 5/2 on a salary. Thanks in advance everyone!

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

piece-workers - not less than double piece-rate rates;

employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage 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 the monthly norm of working time, 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 time.

Specific amounts of payment for work on a weekend or a non-working holiday can be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of employees, and an employment contract.

At the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest.

In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.

Therefore, the employer has no right not to pay for the working day that falls out to the employee (for example, according to the schedule) on a holiday. In essence, the question asked, Article 112 of the Labor Code of the Russian Federation, the link is only indirectly related, since it gives the concept of: "Non-working holidays", and not about payment on these days. Only part of Article 112 of the Labor Code of the Russian Federation can have an attitude to this issue: "The presence in calendar month non-working holidays is not a reason for reducing the wages of employees receiving a salary (official salary). "

Article 112. Non-working holidays

Unworked holidays in the Russian Federation are:

(see text in previous)

(Part one as amended by Federal Law of December 29, 2004 N 201-FZ)

text in previous

If the weekend and non-working holidays coincide, the day off is transferred to the next working day after the holiday, with the exception of weekends that coincide with the non-working holidays specified in paragraphs two and three of the first part of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with the non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner prescribed by part five of this article.

(as amended by Federal Law of 23.04.2012 N 35-FZ)

(see text in previous)

Employees, with the exception of employees who receive a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are referred to expenses for the full remuneration of labor.

(Part three as amended by Federal Law of 30.06.2006 N 90-FZ)

(see text in previous

The presence of non-working holidays in a calendar month is not a reason for reducing the wages of employees receiving a salary (official salary).

(Part four as amended by Federal Law of 30.06.2006 N 90-FZ)

(see text in previous

In order to rational use by employees of weekends and non-working holidays, days off may be postponed to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act The Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the onset of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during a calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off.

(as amended by Federal laws from 30.06.2006 N 90-FZ, from 23.04.2012 N 35-FZ)

(see text in previous)

Art. 112 of the Labor Code of the Russian Federation. Non-working holidays

V Labor Code RF contains guidelines for the standards of labor and rest of workers. Note that an employee can go to work both on holidays and weekends. That is why the Russian TC establishes a list of holidays.

On holidays, the remuneration of workers in 2017 should be made in accordance with the norms of the current Russian legislation, which is given in the law. Taking into account the norms of the Labor Code will make it possible to calculate the wages paid, including allowances and bonuses. In our article, we will consider all the features of employee remuneration on weekends and holidays in 2017.

List of holidays in 2017

The list of public holidays for 2017 is contained in article 112 of the Labor Code of the Russian Federation. We invite you to familiarize yourself with the table, which reflects all the festive non-working days current year:

Please note that any organization and individual entrepreneurs who are employers must, without fail, carry out settlements with their employees, taking into account the list of holidays that are listed in the table above.

Let us recall that this concerns, first of all:

• wages;
• providing extra days for relax;
• compensation for work on holidays.

Features of work on free days

And although labor activity is categorically unacceptable on official holidays, there are still some clauses in the Russian Labor Code that allow (admit) certain categories of workers to work.

Thus, employees have a choice when working on holidays:

Going to work on a weekend (holiday) must be agreed with the employee.

Such a situation may arise, for example, in enterprises where the production process is continuous.

The reason for going to work on holidays may also be the urgency of the ongoing production manipulations. That is, the work must be completed by the company within strictly defined terms so that the work process is not disrupted.

It should be borne in mind that in some cases the employee's consent to go to work on a holiday or weekend is not required.

In particular, this is true for the following cases:

• in case of a disaster or accident - both before and after the event;
• when eliminating harm caused by a natural disaster;
• in case of emergency and force majeure;
• when eliminating production damage.

How employees are paid on holidays and weekends

Recall that the work of employees on holidays and weekends can be paid with allowances. That is, this is additional bonuses or payments to each employee who went to work on a weekend or holiday.

It should be borne in mind that when attracting workers to work on holidays, it is necessary to clearly distinguish what kind of payment for work will be assigned. The employee is provided with two options for payment of his labor on weekends (holidays):

1. Double payment for this day, taking into account the work performed or volume.

2. Payment as for one regular working day plus one day of rest.

The amount of payment on holidays and weekends must be agreed directly with the employee, who will choose the best option for himself.

In order for the calculation of payment for the weekend or holiday on which the employee went to work to be correct, the employee needs to provide a statement to the manager if he chose the second option.

In conclusion, we add that the day for rest, which the employee has chosen, he can either stipulate separately, or add it to his vacation.

Problem

Hello.

The problem is as follows: The manager decided not to pay for non-working holidays. As far as I know, under Art. 112 of the Labor Code of the Russian Federation, he does not have such a right, and he should be held liable for violation.

Am I getting it right? Or are there any changes and nuances? And how do we act to protect our rights?

Here is a sample Application for Work Weekend Holidays.

STATEMENT

I ask you to pay in accordance with the requirements of Article 153 of the Labor Code of the Russian Federation for work on weekends ________________ (indicate the dates) to which I was (a) involved without my written consent, without issuing an order for recruiting to work on weekends, without displaying in the report card accounting of working hours, in violation of the requirements of Article 113 of the Labor Code of the Russian Federation.

For violation of labor legislation, the employer bears administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Criminal liability under Article 145.1 of the Criminal Code of the Russian Federation for non-payment of wages, pensions, scholarships, allowances and other payments.

When I go to court, I will demand to compensate me for moral damage in Article 237 of the Labor Code of the Russian Federation and payment of wages with interest in Article 236 of the Labor Code of the Russian Federation.

Please consider my application and provide me with a decision on it within the time frame established by local regulations (hereinafter, LNA), which determine the procedure for passing and considering documents in the organization. If the employer does not have this LNA, please consider my application within a reasonable time frame, but taking into account the terms specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.

And such a moment, I always, as a practitioner, write that the law is the law, but the employer offers his own rules of the game. Either you play by these rules, or the employer will do everything to part with you.

It's up to you whether you need to defend your rights or keep your job.

Employers all violate the Labor Code of the Russian Federation, but at the same time, someone becomes impudent, and for them the employee is a slave, and someone also has violations, for example, he pays overtime in a single amount, holidays in a single amount, but at the same time, salary during, etc.

If your employer is exactly the impudent one for whom the employee is a slave, then such an employer needs to be changed, and not to fight for his rights.