Passive watch according to the labor code. Day off for duty on weekends

Increased pay for duty on weekends and holidays is a mandatory requirement of labor law. When those responsible for calculating wages are faced with this issue for the first time, they often do not know how to solve it correctly. If calculating the amount of compensation causes difficulties for you, we advise you to read our article.

From the publication you will learn about the following procedures:

organization of duty on weekends and holidays: features of compensation for the work of employees;
pay for duty on weekends and holidays: analysis of a typical situation with a specific example.

Organization of duty on weekends and holidays

If shifts are performed in excess of the specified duration of working hours, including on weekends or holidays, compensation is made in accordance with the rules stipulated by law. There are 2 types of refunds. First, the increased pay for work. Secondly, providing specific employees with additional rest.

The execution of official duties on a first come, first served basis is considered a specific type of working time. Accordingly, the organization of duty on weekends and holidays should be negotiated separately. This applies equally to the procedure for compensation.

When the employer forms the relevant local regulatory act, it is allowed to include other provisions on the performance of duties. The rules for fulfilling official duties outside the existing working hours are determined by the needs of the enterprise and the directions of its activities.

Attention! As in the design of the norms that govern the introduction of working time regimes, acts on the performance of duties should be adopted with the direct participation of the representative body of employees.

Bringing on duty concerns the most significant labor rights of employees. The introduction, abolition or change of the conditions for their fulfillment must be carried out in accordance with Art. 73 of the Labor Code of the Russian Federation. In terms of making adjustments, these procedures are very similar to the execution of amendments to employment contracts.

Paying for duty on weekends and holidays: analysis of a typical situation

When pay for duty on weekends and holidays is required with in-person presence at the workplace, employees usually have no problems obtaining reimbursement. If an employee performs job duties without going to work, some enterprises try to use this fact to their advantage. As a result, the law is violated. Let's consider an example of a typical situation.

On duty on weekends and holidays without the personal presence of an employee

Suppose an organization for the New Year holidays issued an order agreed with the employees, which establishes the order of duty on weekends. The performance of duties does not imply the presence of employees in the building of the enterprise. Simply put, you can work while "sitting on the phone."

With this approach, a number of employers believe that double pay is not required on duty on weekends and holidays. Since employees are not actually present at the workplace, there is nothing to reimburse. Does this opinion correspond to the current legislation of the Russian Federation?

Legal analysis of the situation

Even if employees are not at work, but they are on duty on weekends or on holidays, the employer is obliged to pay double the amount! This is explained as follows:

In the Labor Code of the Russian Federation, there is no concept of "duty at home" or "duty by telephone". If we take the definition of working time from Art. 91, the time of performance of official duties also belongs to it. According to Art. 100, the working time regime, which sets the length of the working week and mandatory days off, is set by the internal labor regulations.

In turn, these rules are established on the basis of the labor legislation of the Russian Federation and other regulatory legal acts. The internal regulations are also set by collective agreements. As well as other agreements that are concluded with employees.

The time when the employee has the right not to perform duties is used by him at his own discretion and is called "rest time". If an employee is unable to use their time as they wish due to the performance of their job duties or by order of the employer, it is not considered a time of rest.

In Art. 113 of the Labor Code of the Russian Federation says that work on weekends or holidays is prohibited. The exception is the situations provided for by the Labor Code. Payment for labor on such days is regulated by Art. 153.

The presence of an employee in an enterprise building, home or other place does not matter. Regardless of location, he fulfills his job duties. It follows that he should be paid for duty on weekends and holidays.

When carrying out production and economic activities, many employers are faced with the need to organize workers at home. Duty at home, as a rule, is carried out in order to ensure the stable uninterrupted operation of the organization, to promptly resolve urgent production issues on weekends and non-working holidays, at night, including the elimination of accidents, etc.

Unfortunately, the current labor legislation does not give the necessary idea of either the concept or the procedure for organizing and implementing such.

Question answer. Consultation.

How are doctors paid - surgeons on duty at home on weekends and holidays, work is done in excess of the monthly norm of working hours, if on weekdays payment is made in the amount of 50%.

This issue is partially regulated by the Order of the Ministry of Health of the Russian Federation of 15.10.99 No. 377 "On approval of the Regulation on remuneration of health workers." According to clause 7.1 of the named Regulations, the duty is introduced within the working time balance of the relevant employees for the accounting period, as a rule, one month.

Shifts at home

We work in the operating unit of the Central District Hospital as operating rooms and nurses-anesthetists (2 people in each of these positions) - from 8:00 to 20. The hospital provides round-the-clock assistance, for surgical interventions we are called at night, on holidays. Is there a payment for duty at home and at what rate? Nurses, Grodno region

They are introduced only in individual cases to ensure the provision of emergency medical care when it is impossible to organize work in another way (for example, with a low staffing level, etc.).

Involvement at home is carried out with the consent of the employee, the procedure is established between the employer and the employee and is drawn up by a corresponding order.

Payment for duty at home is made on the basis of cl.

Doctors on duty at home will be paid only half

For the on-duty at home, doctors will receive only half of the money that they could earn in a medical facility, but emergency calls will be paid for them in full. The Ministry of Health approved the Regulation on the recording of the working time of doctors on duty at home. The document was published today on the website of "Rossiyskaya Gazeta".

Last year, health workers were allowed to stay at home and go about their business while awaiting a call.

Home duty

The Labor Code does not provide for such a form of work organization as duty at home. By virtue of Art. 91 of the Labor Code of the Russian Federation working hours - the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that are in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation. Federations refer to working hours.

How is home duty paid

The issue of wages while on duty at home is regulated by a joint order of the Ministry of Health and the Ministry of Labor dated 05.10.2005. No. 308/519 "On streamlining the conditions of remuneration for workers in health care institutions and institutions for social protection of the population and social policy" (extract):

Doctors and specialists with basic and incomplete higher medical education of health care institutions who are engaged in providing medical care to the population, incl.

How to properly register a doctor on duty?

work without taking up a full-time position in the same institution or another organization, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.

In health care, internal part-time jobs are often used - work under another employment contract within the same institution during free time from the main job. Such work is paid in proportion to the time worked within the established rate.

On duty at home of medical workers

On January 24, 2013, the State Duma of the Russian Federation was proposed to adopt in the first reading draft law No. 186154-6 on amending article 350 of the Labor Code of the Russian Federation on the establishment of duty at home by certain categories of medical workers.

The bill was proposed by the Government of the Russian Federation, developed by the Ministry of Health of Russia following the results of the Forum of Rural Intelligentsia (November 15, 2011).

The purpose of the bill is to organize the full receipt of medical care in rural areas and urban-type settlements, provided there is a shortage of medical workers.

The essence of the proposal: at the end of the working day, a medical worker (the categories of these workers have not yet been determined) must be on duty at home, i.e.

New Year and Christmas holidays are just around the corner. However, not every enterprise can afford not to work - at least in standby mode. How to arrange and pay for such duties?

What is "watch"

First of all, let's define: what is "duty" and what responsibilities should the employee involved in him perform?

The issue of shifts is regulated only by the resolution of the All-Union Central Council of Trade Unions Secretariat dated 02.04.1954 No. 233 ( Further- Resolution No. 233). There is no other normative basis for the duty of workers yet. This is also emphasized by the Ministry of Labor in a letter dated 02.04.2010 No. .

On duty the stay of an employee at an enterprise (institution, organization) by order of the administration before or at the end of the working day, on weekends, holidays is considered as the person responsible for order and for promptly resolving urgent issues not related to the work duties of this employee, as well as for transferring information.

It is necessary to distinguish duty from attracting employees to work overtime or at night, on weekends or holidays... Indeed, in these cases, employees are involved in work stipulated by an employment contract, in exceptional cases provided for by the Labor Code of Ukraine ( Further- Labor Code), with payment in accordance with Art. 106-108 Labor Code.

Involvement of workers on duty can also be carried out only in exceptional cases and in agreement with the trade union (paragraph 1 of Resolution No. 233). However, the list of exceptional cases is not defined by the current legislation of Ukraine, therefore, it is advisable to register them in the collective agreement.

Conditions for attracting workers to duty and compensation for duty

If the company decides to involve workers on duty, it must take into account the following conditions:

workers are on duty no more than once a month;
if an employee is involved in duty on a weekend or holiday, the employee time off must be given, the duration of which is equal to the duration of the watch;
duty on weekends and holidays is compensated by providing within the next 10 days of time off of the same duration that and duty;
the duration of duty together with the duration of work cannot exceed the normal duration of working hours due to alternation;
if recruiting on duty is carried out at the end of the working day, the attendance for an employee with both standardized and irregular working days is postponed on the day of duty to a later time.

Attention!

Day off duty is not subject to payment, but time off is provided for it, and these hours of duty are not indicated in the time sheet (letter of the Ministry of Labor dated 02.04.2010, No. 89/13 / 116-10).

The owner or his authorized body pays the salary to the employee for the work performed by him under an employment contract (part 1 of article 94 of the Labor Code, article 1 of the Law of Ukraine "On remuneration", dated March 24, 1995, No. 108/95-VR). Since the duties under the employment contract are not fulfilled while on duty, this time is actually not the employee's working time and usually not paid.

Important!

The rules on duty do not apply in cases where an employee performs his usual duties, even if the employees are used to calling this period of time on duty... For example, on-duty medical personnel involved in work during the holiday season have the right to double the cash payment, since they are involved in performing their usual duties, and not special “duty officers”.

For certain categories of workers in certain industries or for workers in certain economic structures on duty, special compensation conditions have been established. for instance, wages for duty are provided for:

medical workers in case of duty at home and in the hospital

; crew members left on the ship by order of the captain during their stay in the port or in the roadstead to ensure the safety of the ship

; crew members of civil aviation of Ukraine, etc.

Organizational and administrative actions for the establishment of duty

Since according to Art. 7 of the Law of Ukraine "On Collective Agreements and Agreements" dated 01.07.1993, No. 3356-XII ( Further- Law No. 3356), the collective agreement establishes the mutual obligations of the parties to regulate industrial, labor and socio-economic relations, the procedure for attracting workers to duty should be determined in the collective agreement of the enterprise in compliance with the norms and guarantees established by the current legislation and the Industry Agreement. for instance, the collective agreement may provide for the introduction of workers on duty at the facility and at home, etc., cases and categories of persons when workers can be involved in duty, and so on.

If the need arises for duty, its schedule is approved by the employer in agreement with the trade union. The involvement of workers on duty according to the schedule is carried out in accordance with a written order (order) of the head of the enterprise, which should provide for days of rest provided to employees for duty. An order for an enterprise to engage on duty is based on the consent of employees, because duty does not apply to their labor duties. In addition, the order may indicate the procedure for remuneration for the time of duty, specified in the collective agreement or other local act of the enterprise ( cm. Appendix).

The hours of duty are not indicated in the time sheet.

Appendix

IRIS LLC

ORDER

28.12.2013 Kiev No. 69-k

Regarding the involvement of workers on duty

Due to the production need for a prompt solution on the holidays on January 1 and 7, 2014, urgent production issues and for the coordination of work

I ORDER:

1. To organize on January 1 and 7, 2014 the duty of the heads of the enterprise departments in the first and second shifts.

2. To approve the list of duty officers on holidays on January 1 and 7, 2014 and the provision of days off (time off) for duty (annex to the order).

3. Morenkov S. D., HR inspector, in order to comply with the normative provision on attracting employees of the enterprise to duty, organize a personal record of duty.

Reasons: Memorandum of Deputy Director P. P. Savich dated 16.12.2014; extract from the minutes of the meeting of the trade union committee of the enterprise No. 12 dated 25.12.2014

Director	Lyozny	S. I. Liozny
AGREED:
Chairman of the trade union committee	Saveliev	N.I.Savelyev
Acquainted with the order:
Chief Engineer	Romanov	Romanov IN AND . Romanov (28.12.2013)
Head of the production site	Kurilov	S. V. Kurilov (28.12.2013)
Sales Manager	Seminu	B. R. Seminyuk (28.12.2013)

Appendix to the order on

IRIS LLC dated 28.12.2013 No. 69-k

LIST of attendants on the first and second shifts on holidays on January 1 and 7, 2014 and the dates of granting days off (time off) for duty

P / p No.	Full Name	Position	Day, time, duration duty roster	Day of leave for duty

	V.I. Romanov	Chief Engineer	01/01/2014, from 8:00 until 16:00, 7 hours (1 hour - lunch break)	03.01.2014
	Kurilov S.V.	Boss production site

Memo

to the employer on paperwork and payment for work on weekends and holidays

If the institution or individual employees worked during the January holidays, then these days must be paid in accordance with labor laws in an increased amount. Non-working holidays are listed in Art. 112 of the Labor Code of the Russian Federation.

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

Employees, with the exception of those who receive a salary, must be paid additional remuneration for non-working holidays in which they were not involved in work. The amount and procedure for such remuneration should be determined by the collective agreement, agreements, other local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, as well as the 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.

The presence of non-working holidays in a calendar month is not a reason for a reduction in wages for employees receiving a salary.

Documenting work on weekends and holidays

According to general rules, work on weekends and non-working holidays is prohibited.

If an organization (individual entrepreneur) decided to make a day off or a public holiday a worker, in if it is necessary to perform unforeseen work in advance, on the urgent fulfillment of which the normal work of the organization as a whole or its structural divisions depends in the future, then special attention should be paid to the execution of documents:

1. An order (order) of the employer is drawn up, in which it is necessary to indicate:

Dates of days off or holidays when employees of the organization will work;

The reason why the organization has made a day off or a public holiday;

List of employees who will go to work on these days;

Payment for work on weekends or holidays: if in an increased amount, then not less than double, or in a single amount, but with the provision of an additional day off, which the employee chooses at his discretion.

Send a request to the elected body of the primary trade union organization to resolve the issue of taking his opinion into account and receive the corresponding protocol from him.

2. The order must be issued to the employee against signature.

It must be remembered, that the employee can go to work on the indicated days only of his own free will(Article 113 of the Labor Code of the Russian Federation).

Employee consent is not required in the following exceptional cases:

Prevention of a catastrophe, industrial accident or elimination of the consequences of a catastrophe, industrial accident or natural disaster;

Prevention of accidents, destruction or damage to the employer's property, state or municipal property;

Performing work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency conditions (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or its parts.

The above cases of attracting an employee to work on these days does not require the participation of an elected representative body (trade union), since elimination (prevention) of catastrophes, accidents, natural disasters is primarily a civil obligation, and not a change in the working hours and rest time of the employee. Article 113 of the Labor Code of the Russian Federation also regulates the recruitment 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 of works on weekends and holidays, professional athletes.

The procedure for attracting these categories of employees is allowed to be established by a collective agreement or other local regulatory act of the employer, an employment contract in accordance with the lists of jobs, professions and positions approved by the Government of the Russian Federation, taking into account the RTK.

Disabled people, women with children under the age of 3 years are allowed to be involved in work on weekends and non-working holidays only if they have an appropriate medical certificate indicating that there are no medical contraindications.

At the same time, the legislator establishes the obligation of the employer to inform the specified persons in writing against signature about the right to refuse to work on a day off and a non-working holiday.

Providing weekends on other days

When the Government of the Russian Federation postpones the weekend, and the organization is not comfortable with this work schedule, the employer sometimes offers employees to go to work on a holiday or weekend and provide another day off. This practice is illegal and is not provided for by labor legislation.

Payment on weekends and holidays to employees with irregular working hours.

Some employers mistakenly believe that from employees for whom irregular working hours are established, they have the right to demand to go to work on weekends and holidays, since in accordance with Art. 119 such employees are entitled to additional leave of at least 3 days. Such workers may, by order of the employer, if necessary, only occasionally be involved in the performance of their labor functions outside the established for them (and not for the organization) working hours.

However, additional leave does not compensate for work on weekends and holidays. According to Art. 111 of the Labor Code of the Russian Federation, all employees, including those who work with irregular working hours, are entitled to weekends and holidays, and there are no exceptions for them. Therefore, in cases established by law, the employer may ask these employees to go out to work on a weekend or a holiday only with his consent, and such work should be paid in double or single amount, but with the provision of an additional day off.

The issue of compensation for work on a weekend or holiday is agreed with the employee in advance and is indicated in the order of the employer.

Payment duty roster on weekends and holidays

The specifics of the activities of some organizations require shifts on holidays and weekends (not to perform labor functions). In this case, employees of the organization take turns going out to work on weekends and holidays. How to compensate for these days, the Labor Code does not provide an answer to this.

Therefore, on the basis of Art. 423 of the Labor Code of the Russian Federation must be guided by the Resolution of the All-Union Central Council of Trade Unions Secretariat dated 02.04. 1954 # 233. They stipulate that such shifts are not paid, but compensated by the provision of time off in the next 10 days with the same duration as the shift. The employee independently chooses the day on which he wants to rest and the employer, filling out an order for duty on weekends and holidays, must indicate the date when the employee will be given a day to rest. The employee must be familiarized with the order against signature.

Remuneration for work on weekends and holidays, to workers employed in shift work

For employees whose work is shift-based, weekends and holidays are paid as follows.

For work on Saturday and Sunday on schedule workers should receive regular wages, since according to Art. 111 of the Labor Code of the Russian Federation with a shift schedule in organizations where the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week one by one to each group of employees in accordance with the Internal Labor Regulations of the organization. Therefore, if, according to the schedule, the shift falls on a Saturday or Sunday, this day is considered a normal working day.

If the replacement was asked to go to work on the day that not listed on his schedule as a worker (his day off), the employer is obliged to pay this day in an increased amount in accordance with Art. 153 of the Labor Code of the Russian Federation. On the other hand, work according to the schedule, which falls on a holiday, is paid double.

Payment on weekends and holidays for overtime work

In the case of summarized working time (Article 104 of the Labor Code of the Russian Federation), overtime work is hours worked in excess of the working time norm of the accounting period. Processing hours are counted after the end of the accounting period. These hours are compensated for work on weekends and holidays in accordance with the general norms established by labor legislation.

In this case, work in excess of the normal number of working hours for the accounting period is paid for the first two hours of work at least one and a half times, and for the next hours - at least twice.

For example, if the total overtime was 30 hours, 2 hours are charged at 1.5 times, and 28 hours are charged at double the rate.

At the same time, in accordance with the clarification of the State Committee for Labor of the USSR No. 13 and the Presidium of the All-Union Central Council of Trade Unions No. P-21 dated 08.08. 1966 When calculating overtime work, work on holidays performed in excess of the norm of working time should not be taken into account, since it has already been paid in double the amount. The effect of this provision is confirmed by the decision of the Supreme Court of the Russian Federation of November 30, 2005 No. GKPI05-1341.

Rest time instead of increased wages, provided at the request of the employee, must be at least the time worked overtime. When setting longer hours, the increased pay for overtime hours should be taken into account.

If, for example, an employee worked 10 hours overtime in a month with one and a half pay, he may be given 15 hours of rest ((10 x 1.5).

Payment for night work on a holiday

If an employee had to work on a festive night, then he is entitled to two additional payments: one - for work on holidays in accordance with Art. 153 of the Labor Code of the Russian Federation, the second - for work at night (from 22.00 to 6.00) in accordance with Art. 149 of the Labor Code of the Russian Federation (salary (holiday) 40% of the salary (night). The organization sets its size independently in labor and collective agreements. It should be remembered that the duration of the night shift is reduced by 1 hour.

Payment for days off and holidays when an employee is on a business trip.

Work hours and rest hours apply to workers on a business trip. those organizations to which they are sent.

If the employee worked during a business trip on weekends on its own initiative ( in the order, rest days are excluded from the business trip), in this case, such work is not payable, in addition, the employee is not provided with other rest days instead of rest days, not used by an employee during a business trip.

However, if the employee specially sent to work on these days (by order, order of the employer, drawn up in writing), compensation for work on these days is made in accordance with Art. 153 of the Labor Code of the Russian Federation.

If, by order of the employer, an employee goes on a business trip on a day off, he, upon returning from it, is given another day of rest in the prescribed manner by clause 8 of Instruction No. 62 of 04/07/1988 "On business trips within the USSR."

The issue of going to work on the day of departure for a business trip and the day of arrival from it is decided by agreement with the employer.

Head of Information and Analytical

Department S. A. Shinyakov

Watching at home is not working from home, as many mistakenly believe, but finding an employee at home waiting for a call to work. Some employers get lost - how to keep track of working hours while on duty at home? Should it be considered work on a day off or not taken into account at all - after all, in some cases the employee may not be called to work?

House duty schedule

Such a regime certainly presupposes the peculiarities of accounting for working hours - it is counted in the total duration of working hours according to the established rules and is not considered work on a weekend or a holiday. According to the Ministry of Labor of Russia, the mode of work in the form of duty at home should be established only in situations that are provided for by the Labor Code of the Russian Federation and other federal laws. At the same time, the recording of working hours, as well as the payment of this time, must be organized in the manner specified in these regulatory legal acts.

The employer has the right to call the employee to work on weekends and holidays in the following cases:

in the event of emergencies - that is, an employee is called to work to prevent a disaster, to eliminate the consequences of natural disasters and disasters, in an emergency;
if the employer's activity involves working on weekends. For example, if work is being done to service the population, urgent unplanned repair work, etc. In this case, written consent is not required for the employee to be on duty.
in the event of any unforeseen situations on which the activities of the organization depend. Please note that in this case you will need to obtain the written consent of the employee.

However, it should be borne in mind that pregnant women and minors cannot be called to work on weekends (with the exception of workers belonging to creative professions and athletes).

It is worth noting that according to labor legislation, the place and mode of work of the employee are fixed in the employment contract with him. If on a given day the employee should not work and the day is a day of rest for him, free from work, then the employee's wages when working on such days should not be less than double the amount of payment (Article 153 of the Labor Code of the Russian Federation). In addition to increased pay for work, you can offer the employee to take an additional day of rest at a convenient time for him.

Duty at home according to the Labor Code

Let's take into account the working hours using the example of medical workers, for whom duty at home and flexible working hours are almost an ordinary situation. According to Part 4-5 of Art. 350 of the Labor Code of the Russian Federation, medical workers working in medical organizations may be on duty at home (with their consent). For workers who are on duty, use the summarized accounting of working hours.

The employer must keep a record of the following periods of working time for an employee who works (is on duty) at home:

the time an employee is at home waiting for a call to work;
the time that the employee will spend on providing medical care;
the time during which the employee will get from home directly to the place of work (in the case of medical workers, the place of assistance), as well as the time spent on the return journey.

When taking into account the time actually worked by a medical worker, the time that he is on duty at home is taken into account and paid in the amount of 1/2 hour of working time for each hour of duty. At the same time, the schedule of duty at home during the accounting period should be adjusted and distributed among employees in such a way that the total duration of the employee's working time, taking into account the time he was on duty at home, does not exceed the norm of his working time for the corresponding period.

If the health worker on duty at home is nevertheless called to work, the time for providing medical assistance and the time that the employee gets to the place of work, as well as the time spent on the way back, should be taken into account in the amount of an hour of working time for each hour of assistance and being on the way. At the same time, the accounting procedure for being on the way to the place of work and back should be established by the local regulatory act of the employer (for example, the Internal Labor Regulations) in agreement with the labor trade union (or other representative body of employees, if any).

In the time sheet on the days when the employee, with his consent, was on duty at home, the actual hours worked must be reflected according to the above rules. For example, if a health worker was on duty at home for four hours on a certain day, and he did not go on call to provide qualified assistance, two hours must be indicated on the time sheet on that day.

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