Holidays Article 112 of the Labor Code of the Russian Federation. Work on weekends and holidays labor code

Non-working holidays V Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with 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 established by part five of this article.

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

For the purpose rational use For employees on weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of 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 a month before the start 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 the calendar year is permitted provided that these acts are officially published no later than two months before calendar date established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorable dates, no work is performed on non-working holidays.

2. Attracting employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and manner determined by this article, and only in exceptional cases (see commentary to Article 113 of the Labor Code of the Russian Federation).

3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Second commentary to Article 112 of the Labor Code

1. Except for parts 1 and 2 of Art. 112 has been radically changed. Its new edition provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, and the procedure for transferring days off if they coincide with non-working holidays.

2. The coincidence of a non-working holiday with a day off entails the transfer of the day off to the next working day after the holiday. Resolutions of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing weekends.

Article 112 provides that the transfer of days off to other days due to the coincidence of non-working holidays is carried out for the purpose of rational use of these days by employees.

The commented article now provides that the regulatory legal act of 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 a month before the start of the corresponding calendar year. The adoption of regulations on the transfer of days off to other days during the calendar year is not excluded. It is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. This rule will allow employees, members of their families and other citizens to plan and organize the use of free time on such days in advance.

3. The above rule for transferring days off is applied in organizations where work is not carried out on these days.

If the work and rest regime in an organization provides for work on holidays (in continuously operating industries, in organizations associated with daily services to the population, etc.), then weekends are not transferred (see Explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 3).

4. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on holidays is included in the monthly standard of working time (see paragraph 1 of the Explanation of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of August 8, 1966 N 13/P-21 // Bulletin State Labor Committee of the USSR. 1966. N 10) (in accordance with Part 1 of Article 423 of the Labor Code of the Russian Federation, legal acts of the USSR are applied insofar as they do not contradict the Labor Code).

5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is, as a rule, prohibited. Exceptions to this rule are contained in the same article.

Due to the need to serve the population, they establish, for example, store opening hours on holidays.

6. In Russia, where the population adheres to various religions, the establishment of the Orthodox holiday - the Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess, individually or together with others, any religion. The legislation does not and cannot have any obstacles to the exercise of this right: corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with holidays characteristic of other religions.

At the same time, it seems that the issue of non-working holidays introduced for religious reasons should be resolved at the level of federal law.

7. In addition to holidays, non-working days, Russia also has holidays that are not associated with the mandatory release of workers from work. These are, first of all, numerous professional holidays. The list of holidays, professional holidays and memorable days celebrated in the Russian Federation in 2004 was published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 52; 2005. N 7. Art. 560).

The procedure for considering proposals from federal bodies executive branch on the establishment of professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals to establish professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (Part 4 of Article 3 of the said Resolution).

Exemption from work on such days is often provided for in industry agreements and collective agreements.

8. Part 3 of Art. 112 for the first time provides for payment for non-working holidays not only for employees who receive wages on the basis of a fixed salary (official salary), the amount of which non-working days falling within the paid period did not and do not affect, but also for those whose wages are based on the actual output, labor costs. The inability to work on statutory non-working holidays (and work on these days is usually prohibited - see Article 113) reduces their wages. Which is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in a calendar month is not grounds for a reduction in wages (see Part 4 of Article 112).

New edition of Part 3 of Art. 112 provides that employees, with the exception of employees receiving 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 its payment is determined by the collective agreement or agreement. These issues can be resolved by a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization (see Article 372). These issues can also be resolved in the employment contract. Apparently, with the help of an employment contract (i.e., individually), these issues can be resolved in the absence of corresponding norms in a collective agreement, agreement, or local regulatory act.

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing working hours and shift schedules. The duration of weekly continuous rest is calculated from the end of work on the eve of the day off until the start of work on the next day after the day off. Calculation of duration depends on the working hours: type of working week, shift schedules. With a five-day work week, two days off are provided, with a six-day week, one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Typically, days off are provided consecutively.

Weekends

Weekends are a type of rest time. Their distinctive feature is that they are provided to employees for continuous rest between working days.

The concept of “rest” in this case, in addition to the time needed for sleep, includes sufficient quantity time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) brought to the attention of employers in its early years that well-directed use of leisure time, by giving workers the opportunity to pursue more varied interests and by providing respite from the stress of daily work, could increase productivity and thus can help you get the most out of your workday.

It is precisely this scientific and social approach to establishing rest time that currently prevails in developed countries, where the duration of working time is limited by law or in another way, i.e., mandatory continuous rest time is established.

IN Russian legislation The regulator of working hours during the week is Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The length of the working week is provided for by the working hours, five days with two days off, six days with one day off, a work week with days off on a sliding schedule, and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation proclaimed Sunday as a general day off. Moreover, the second day off in a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with continuous free time whenever possible, employers are left with the right to choose in establishing days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week, alternately to each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. The legislative fixation of the lower limit of this period of time reflects the seriousness of the state’s attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have an impact negative impact on their participation in the life of society and disrupt social contacts, which, in fact, constitute the activities of the state.

In addition, the very size of the minimum period of continuous free time reflects not only the social side of work activity, but also the level economic development society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of what is specified in Art. 110 of the Labor Code of the Russian Federation, the period is calculated from the moment the employee finishes work on the last day of the calendar or work week, when working on a shift schedule, and the end, accordingly, from the moment he goes to work on the first day of the new calendar or work week. The specific duration of weekly uninterrupted rest depends on the work schedule established in the organization, i.e. on the type of week: 5-day, 6-day or no shift schedule, and on the employer’s calculations.

By the way, precisely for the purpose of complying with the established standard time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but relaxes.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”; in others, holidays are introduced and abolished by separate acts for each specific day; in others - holidays are established by general normative legal acts regulating public administration.

In the Russian Federation the list public holidays determined by Art. 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

January 1, 2, 3, 4 and 5 — New Year holidays;
January 7—Christmas Day;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12—Russia Day;
November 4 is National Unity Day.

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

Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);

(Part one as amended by the Federal Law of December 29, 2004 N201-FZ - Collection of Legislation of the Russian Federation, 2005, N1, Art. 27)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding 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 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 established by part five of this article (as amended by Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127).

Employees, with the exception of salaried employees

(official salary), for non-working holidays on which they were not involved in work, additional remuneration is paid. The amount and procedure for paying this remuneration are determined by a collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. The amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full (new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Article 27; harm. Federal Law dated June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art.

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Art. 2878).

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of holidays to other days in the next calendar year is subject to official publication no later than a month before the start 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 the calendar year is permitted 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 Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation , 2006, No. 27, Art. 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127).

(Parts three and four are considered respectively parts four and five on the basis of the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27)

Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);

(Part one as amended by Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with 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 established by part five of this article (as amended by the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 2127).

Employees, with the exception of employees receiving 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, and an employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full (the new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27 ; as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Art.

The presence of non-working holidays in a calendar month is not grounds for reducing wages for employees receiving a salary (official salary) (as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Art. .2878).

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of 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 a month before the start 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 the calendar year is permitted 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 Law of June 30, 2006 No. 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 2878; Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 2127).

(Parts three and four are considered parts four and five, respectively, on the basis of Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

Non-working holidays

Non-working holidays in the Russian Federation are:

January 1-6 and 8 - New Year holidays;
January 7 - Orthodox Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Russia Day;
November 4 is National Unity Day.

As a rule, if Saturday or Sunday coincides with a holiday, the day off is transferred to the next working day. For the rational use of weekends and holidays, by special decision of the government, other transfers may occur: for example, if a holiday falls on a Tuesday, then Monday is sometimes made a day off, and the previous Saturday a working Saturday. Also, the day off can be moved to any other day of the year.

On holidays, the offices of most companies and many museums are closed, but large stores are usually open, but on a special schedule.

Other national holidays and memorial dates

Usually widely noted, but not non-working:

January 25 - Tatiana's Day (students' day);
April 1 - April Fool's Day;
April 12 - Cosmonautics Day;
May 24 - Day of Slavic Literature and Culture;
June 1 - International Children's Day;
July 8 - Day of Family, Love and Fidelity;
August 22 - Day of the State Flag of the Russian Federation;
September 1 - Day of Knowledge;
October 5 - Teacher's Day;
December 12 is Russian Constitution Day.

June 22 - Day of Remembrance and Sorrow. On this day they remember the beginning of the Great Patriotic War, no entertainment programs are broadcast on television or radio.

In addition, so-called professional holidays are usually celebrated in Russia, dedicated to specialists in various fields of activity. For example, on February 10, diplomatic workers are congratulated, on March 19 - submariners, on April 27 - notaries, etc.

Holidays of Russian regions

Subjects of the Russian Federation have the right to proclaim their own holidays and days off.

Thus, in Bashkortostan, Tatarstan, Adygea, Dagestan, Ingushetia, Kabardino-Balkaria, Karachay-Cherkessia and Chechnya - in regions where a large number of Muslims live, non-working holidays are:

Kurban Bayram is the holiday of the end of the Hajj to Mecca, celebrated on the 10th day of the 12th month of Dhul-Hijjah according to the Islamic calendar (the dates shift every year, since, unlike the Gregorian calendar, which calculates the year by the revolution of the Sun around the Earth, the Islamic focused on the phases of the moon);
Eid al-Fitr is a holiday in honor of the end of fasting in holy month Ramadan is celebrated on the 1st day of the month of Shawwal.

In the Republic of Yakutia, everyone relaxes on the pagan holiday “Ysyakh” - a celebration in honor of summer and the revival of nature (celebrated between June 10 and June 25, the date is set each time by a special decree).

In the republics of Buryatia and Kalmykia, people do not work during the Buddhist holiday Tsagan Sar: the onset of the new year and the beginning of spring are celebrated in January-February on the day of the new moon.

Also, in most subjects of the Russian Federation, a non-working holiday is the day dedicated to the formation of each of the republics.