Art. 153 of the Labor Code of the Russian Federation: features of application
The legislation does not allow workers to be attracted on weekends and holidays without their consent. If the employee is ready to perform production tasks overtime, he is entitled to compensation for unused rest. Features of accrual establishes Art. 153 of the Labor Code of the Russian Federation.
Pay on weekend / holiday
For such overtime work is charged:
- To the clerk. They are entitled to no less than double rates.
- Employees whose remuneration is charged according to hourly / daily rates. They are charged at least double the rate.
- Salary Employees. They receive no less than a single fixed rate (hourly / daily) in excess of the normally accrued, if the activity on the weekend / holiday was carried out within the framework of the monthly norm. If it has been exceeded, employees are entitled to at least double the rate.
The specific amount of remuneration, the employer may establish in a collective agreement or a local act, which is issued taking into account the views of the trade union of workers.The amount of payment at some enterprises is determined by the terms of the contract. According to the employee, instead of cash compensation, he may be given additional time for rest. In this case, the activity on the weekend / holiday is charged according to the norms. Additional rest time is not paid. Remuneration for activities on weekends / holidays for media workers, film organizations, video, television crews, theaters, circuses and other citizens participating in the performance / creation of works, according to the lists of professions, jobs, positions approved by the Government taking into account the views of the trilateral commissions may be determined by collective agreement, contract, local act.
Art. 153 of the Labor Code with comments
The standard provides that the specific amount of remuneration for work on a holiday or holiday is determined by a collective agreement, contract or local act. This indicates that the values fixed by Art. 153 of the Labor Code of the Russian Federation, are recognized as minimal. By agreement of the parties, they can be upgraded.If the relevant procedure is established by a local act, then its adoption should be carried out taking into account the views of the trade union.
As a general rule, work done on a holiday or a holiday should be compensated. Art. 153 of the Labor Code of the Russian Federation allows two options of compensation. This is a charge of increased remuneration or the provision of another rest time to the employee. However, it is not paid. But in a local act, contract or agreement, the employer may provide for more favorable terms. The time of using the provided additional day is determined by the parties to the agreement
Employees of creative professions
It is believed that they provide special conditions for calculating wages for work on holidays or weekends. In practice, this is not entirely true. In Art. 153 of the Labor Code of the Russian Federation fixes the minimum amount of remuneration for work above the norm. Under no circumstances can it be reduced. The procedure for determining the amount of reward is the same for all. On the second part of Art. 153 of the Labor Code of the Russian Federation, conditions may be established in a collective agreement, contract, local act. The only difference isthat the adoption of the latter in the case of creative workers is carried out by the employer alone, while for employees of other professions for this it is necessary to take into account the opinion of the trade union body (subject to its availability). In Art. 153 of the Labor Code of the Russian Federation also states that the establishment of an increased amount of remuneration is made in accordance with the lists of positions, types of activities, specialties approved by the Government. However, a specific list of occupations is not currently established.