Tatyana Nechaeva, a lawyer for the hh.ru platform, an expert in labor law, told Izvestia on what conditions companies can involve employees to work on weekends.
As the specialist recalled, the next long weekend awaits the Russians in February – they will have to rest from February 23 to February 26 inclusive. Then the “four-day holiday” will be only in the spring – from May 6 to May 9, 2023 inclusive.
At the same time, the largest number of weekends and holidays falls on the first quarter of the year (33 days at once), and the smallest – on the third (only 27 days).
Nechaeva explained that the presence of non-working holidays in a calendar month is not a reason to reduce wages for employees who receive a salary. Pieceworkers and hourly wage workers who did not work on public holidays must be paid additional remuneration by the employer. Its size can be set in the employment contract itself or in a local regulation/collective agreement.
At the same time, it is important to remember that there are features for attracting employees on non-working holidays and weekends. In most cases, the employer must request consent to work during such a period. An exception may be, for example, the prevention of disasters.
Work on weekends or non-working holidays must be paid at least twice the amount or in a single amount if an additional day off is provided. The employee independently decides what is more profitable for him: an extra day or double pay. This rule applies to employees who work according to the production calendar with days off on Saturday and Sunday.
When working on a shift schedule, slightly different rules apply, because such workers have days off and working days that do not coincide with the generally accepted ones. For such employees, work on Saturday and Sunday is not additionally paid if, according to the schedule of this employee, they are considered workers. But shifts on non-working holidays must be paid double.
For non-fulfillment of requirements for payment of non-working holidays, the employer faces a fine, concluded Nechaeva.
Earlier, on December 28, Alexander Yuzhalin, head of legal practice at SuperJob, said that January, February, April and May are the most unprofitable months for paid vacation in 2023. At the same time, he named August, October and March as the most profitable months. “Slightly worse” in this regard are June, July, September, November and December.