Part-time working day before holiday. Pre-holiday day with part-time work

Thus, an employee’s non-working time is his rest time. Attracting to work at a given time must be carried out according to the following rules: 1. if an employee is involved in work outside of his work shift, then such work qualifies as overtime, the rules of Art. 99 Labor Code of the Russian Federation; 2. if an employee is involved in work on his day off outside of his work shift, then such work qualifies as work on a day off and the rules of Art. 113 Labor Code of the Russian Federation. In both cases, it is necessary to pay higher wages. Remuneration for work on a day off or a non-working holiday. According to Part 1 of Art. 153 of the Labor Code of the Russian Federation, employees receiving a salary are paid for work on a day off or a non-working holiday depending on the following conditions: 1.

Part-time work and weekend pay

However, it is obvious that leave without pay will reduce the actual time worked for calculation. In addition, in this case, it is also possible, at the request of the employee, instead of paying double the amount, to provide him with another working day. In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, in this case, work on a day off or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Part-time mode

In the situation under consideration, the question arises: what should be considered the limits of the monthly standard of working time when performing work on a part-time basis: - the duration of the working time of a particular employee or the duration of the working time according to the production calendar (Article 92 of the Labor Code of the Russian Federation)? There is no official position. We met supporters of both positions. 1.

Proponents of the position take into account the normal duration based on a 40 (36) hour working week: an employee who has not worked the full established amount of work cannot be considered working overtime, even if, by order of the employer (and with his consent), he is involved in work outside the limits established for him part-time work week (part-time work). Time worked in excess of that established in the employment contract, but within 40 hours per week, must be paid at a single rate*(1),*(2).

Payment for pre-holiday days

• It is also stipulated that when calculating overtime hours, work on weekends and non-working holidays, performed in excess of working hours and paid at an increased rate or compensated by the provision of another day of rest, is not taken into account (Article 152 of the Labor Code of the Russian Federation).
• When part of the working day or shift falls on weekends and non-working holidays, the hours actually worked on these days are paid at an increased rate (Article 153 of the Labor Code of the Russian Federation).
When part-time working hours are established, see the articles “In what cases is part-time working time established?” and “Reduced working hours (nuances).” You can read about overtime work in the article “Overtime work according to the Labor Code of the Russian Federation - duration and payment.”

Calculating wages for part-time work and holidays

In other words, working hours are not reduced in cases where a non-working day is preceded by a weekend. After all, in this case there is no working day before the holiday.
The procedure for calculating wages The amount of wages in such cases largely depends on the category of employees and the type of salary they receive. For example, the salary of a “piece-worker” is calculated based on the amount of work he performs.

Workers on half a day's wages receive their money based on a set daily wage rate. If an employee receives his salary on an hourly basis, then in this case his salary will be calculated based on the period of time he worked.

Attention

In such cases, only the time when the employee actually fulfilled his work obligations is paid. If employees' wages are fixed, they receive it in full.

New rules for establishing part-time work for an employee

In our opinion, the standard working time should be understood as the number of hours of work established by law for a certain period of time, which the parties to the employment contract (employee and employer) must comply with. In doing so, we draw attention to the provisions of Art. 104 of the Labor Code of the Russian Federation, which provides that “for employees working part-time (shift) and (or) part-time week, the normal number of working hours for the accounting period is reduced accordingly.”

Of course, this provision concerns the summarized recording of working time, but a different approach would put other workers in an unequal position with them. In your case, by agreement between the employee and the employer, the standard working time for the employee is 35 hours.

Important

In accordance with Art. 92 of the Labor Code of the Russian Federation, reduced working hours - the duration of working hours, which is mandatory established for the categories of workers specified in the law. In contrast to reduced working hours, part-time work (Art.

5 hours 1 tbsp. 21 Labor Code of the Russian Federation.

Holiday pay for part-time work

Hello again, thank you very much for your answer to the question regarding the inclusion of holidays and pre-holiday days in the calculation of wages for an employee who is working part-time (registered for 2 days a week (Tuesday and Friday) for 2 hours a day). In connection with the answer received earlier, I would like to clarify the following point regarding this employee: 1. To calculate salary, we use the following formula: Salary = Salary/standard hours per month x actual time worked according to the established schedule. Have we chosen the correct calculation method (every month the amount of accrued salary is different due to how many working days fall according to the schedule and the standard hours per month)? 2. This employee is the general director and founder, for payment for holidays that fall on his working schedule (i.e. Tue.

Proponents of the position take into account the standard working time of a particular employee: establishing a part-time working week or part-time work for employees does not affect the procedure for remuneration of such employees on weekends or holidays. Example. The employee is hired on a 5-day work week with days off on Saturday and Sunday.

Due to the birth of a child, the employee, at his request, was given a part-time work week - an additional day off was given on Wednesday. By order of the head of the organization, due to the need to perform urgent, unforeseen work, the employee went to work on Wednesday and worked 7 hours. Hours worked on Wednesday must be paid at least double the amount in accordance with the provisions of Art. 153 Labor Code of the Russian Federation * (3).
The Labor Code (hereinafter referred to as the Labor Code of the Russian Federation) states that on the eve of non-working holidays, the length of the working day is reduced by one hour. This is called shortened working hours. The Labor Code of the Russian Federation establishes the entire list of holidays and non-working days.
This list is established for the entire territory of the Russian Federation. But in addition to the Labor Code, other regulations may also provide for other holidays and non-working days. For example, the Federal Law “On Freedom of Conscience and Religious Organizations” provides that government bodies have the opportunity to declare religious holidays non-working.

Such a decision can be made only for certain regions or territories at the request of a specific religious organization. It follows from the above that constituent entities of the Russian Federation can establish their own holidays and non-working days.

When is the day off transferred?

The duration of the working day or shift immediately preceding a non-working holiday, by virtue of Part 1 of Art. 95 of the Labor Code of the Russian Federation is reduced by one hour. Non-working holidays in the Russian Federation according to Art. 112 of the Labor Code of the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
- January 7 - 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 - Day of National Unity.

Based on this, seven days become pre-holiday days: December 31, February 22, March 7, April 30, May 8, June 11 and November 3. This year, April 30, June 11 and December 31 fall on Saturday, and May 8 falls on Sunday. By Decree of the Government of the Russian Federation dated September 24, 2015 N 1017, the day off from Sunday, January 3, was moved to Monday, March 7. On the working days preceding the corresponding holidays, Fridays March 4, April 29, May 6, June 10 and December 30, their duration does not decrease.
The mentioned Decree of the Government of the Russian Federation N 1017 moved the day off from Saturday, February 20, to Monday, February 22. In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (part 4, clause 1 of the Procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n). Thus, the pre-holiday day of February 22, on which, as a general rule, the duration of work is reduced by one hour, after the postponement became a day off, and the day off February 20 became a working day. Consequently, operating hours on February 20 were reduced by one hour.
The length of the working day and the remaining pre-holiday day on November 3 is also reduced by one hour.
Thus, in 2016, only on two of the specified pre-holiday days there is a decrease in the length of the working day or shift by one hour.
The rule on reducing the length of the working day (shift) immediately preceding a non-working holiday by 1 hour applies regardless of whether the working week is 5 days or 6 days. In relation to a 6-day working week, Part 3 of Art. 95 of the Labor Code of the Russian Federation also provides for maximum working hours on the eve of weekends. It cannot exceed 5 hours.

Reduction for all employees

Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Therefore, with a five-day working week, the duration of a regular working day is 8 hours (40 hours: 5 days x 1 day), but on a pre-holiday day its duration will be 7 hours (8 - 1).
The above reduction provision applies to all employees, regardless of the duration of their working hours and its mode. The fact that the duration of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of weekly or daily work, was indicated by the Russian Ministry of Labor almost immediately after the entry into force of the Labor Code of the Russian Federation and, accordingly, the mentioned article. 95 of the Code in Letter dated March 12, 2002 N 1362-VYA.
In the mid-2000s, a state unitary enterprise applied to the Supreme Court of the Russian Federation with an application to invalidate clause 2 of the Explanation “On some issues arising in connection with the postponement of days off coinciding with holidays” (approved by the Resolution of the Ministry of Labor of Russia) that was still functioning at that time. dated December 29, 1992 N 65).
The mentioned paragraph 2 of the Explanation established the procedure for calculating the standard working time for certain periods of time. It was proposed to calculate the specified standard of working time according to this paragraph according to the estimated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift):
- with a 40-hour work week - 8 hours, on holidays - 7 hours;
- if the working week is less than 40 hours - the number of hours obtained by dividing the established working week by five days.
At the same time, the latter provision clarified that on the eve of holidays, working hours are not reduced (the reference was to Article 47 of the Labor Code of the RSFSR in force at that time).
According to the applicant, the norm of paragraph 2 of the Explanation contradicted the Labor Code of the Russian Federation and violated the rights of organizations with a continuously operating nature of work. The applicant believed that the legislator did not provide for a reduction in shift duration by one hour on the eve of non-working holidays in continuously operating organizations. The senior judges thought differently.
Part 1 art. 95 of the Labor Code of the Russian Federation, in their opinion, established a general rule on reducing the duration of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers.
In Part 2 of Art. 95 of the Labor Code of the Russian Federation, the legislator has regulated the issue of the duration of work on the eve of non-working holidays in continuously operating organizations where it is impossible to reduce the duration of work (shift). A reduction in the duration of work (shift) by one hour provided for by law in this case is called overtime and is subject to compensation in the form of additional rest time or payment according to the standards established for overtime work.
Paragraph 3 of clause 2 of the Explanation provides for the calculation of the standard working time for employees who have a reduced working time. However, due to the introduction into force of the Labor Code of the Russian Federation, the Labor Code of the RSFSR (including Article 47) lost force. Provisions par. 3 paragraph 2 The explanations really contradicted the requirements of Part 1 of Art. 95 of the Labor Code of the Russian Federation, according to which the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
This benefit applies to all employees, including those who have already been granted reduced working hours (Article 92 of the Labor Code of the Russian Federation), in particular:
- employees under 18 years of age;
- disabled people of groups I and II;
- persons employed in work with harmful and dangerous working conditions.
The senior judges concluded that, enshrined in Part 1 of Art. 95 of the Labor Code of the Russian Federation, the benefit applies to all employees.
The State Unitary Enterprise's application was partially satisfied, only paragraph. 3, paragraph 2 was declared invalid; the rest of the stated demands were left unsatisfied by the Supreme Court of the Russian Federation (Decision of the Supreme Court of the Russian Federation dated September 29, 2006 N GKPI06-963).
Part 1 art. 93 of the Labor Code of the Russian Federation allows establishing, by agreement between the employee and the employer, both upon hiring and subsequently, a part-time working day (shift) or a part-time working week. A reduction of one hour in the duration of the working day immediately preceding a non-working holiday also applies to the specified work schedule, since part-time work by virtue of Part 3 of Art. 93 of the Labor Code of the Russian Federation does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights. And the reduction in question is precisely one of these.
As you can see, part-time work is no exception. Consequently, working hours on the pre-holiday day for all employees working in this mode will be reduced by one hour. This also applies to workers whose working day is only one hour.
The working hours of a remote worker are also reduced by one hour on the eve of a holiday. Indeed, in accordance with Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, such workers are subject to labor legislation and other acts containing labor law norms.
Guarantees and compensations for persons working part-time are defined in Art. 287 Labor Code of the Russian Federation. According to this norm, guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full, with the exception of guarantees and compensations to persons:
- combining work with education;
- working in the Far North and equivalent areas.
These guarantees are provided to employees only at their main place of work.
Based on this, the length of the working day for a part-time worker on a pre-holiday day should also be reduced by one hour. For internal part-time workers, the working day is reduced by one hour both at their main place of work and at a part-time job.
The duration of work on the pre-holiday day is recorded in the working time sheet, which is maintained in a form developed independently by the employer, or in standardized forms N T-12 or N T-13 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). The number of working hours on such a day will accordingly be one hour less compared to a regular working day.

Payment amount

Pre-holiday pay depends on the procedure for recording working hours.
In accruals, employees who have a fixed salary do not lose anything when the working day is reduced by one hour. They receive their wages in full for the month in which there is a pre-holiday day, regardless of the fact that on the specified day they worked an hour less. After all, the reduction in the duration of the day in question, provided for by the Labor Code of the Russian Federation, is the norm for working hours. Thus, the standard working time according to clause 1 of the mentioned Procedure for calculating the standard working time is:
- in February - 159 hours ((8 hours/day x 20 days - 1 hour), where 20 is the number of working days in February with a five-day working week with days off on Saturday and Sunday);
- in November - 167 hours ((8 hours/day x 21 days - 1 hour), where 21 is the number of working days in November, again with a five-day working week with Saturday and Sunday off).
When recording working time by time:
- in working days - a shortened pre-holiday day is paid as a full working day;
- hourly - for hours actually worked, that is, in this case the unworked hour is not paid.

Example 1. The organization’s operating mode is a five-day work week with days off on Saturday and Sunday. On the pre-holiday day rescheduled for February 20, its duration was 7 hours. When concluding employment contracts with employees, various remuneration conditions were used: Befusu Y.S. The salary is set at 35,000 rubles. per month, Tsisar O.K. - daily tariff rate 1750 rubles/day, Khvornumu I.R. - hourly tariff rate 220 rubles/hour. In February, these employees worked all working days of the month. According to the production calendar in February there are 20 working days, the standard working time for a five-day working week is 159 hours.
On the working day of February 20, Befus and Tsisar are paid in full, since a reduction in working hours by one hour on this day is established by the Labor Code of the Russian Federation. For February, employees will be credited with 35,000 rubles. (35,000 rub.: 20 days x 20 days) Befusu and 35,000 rub. (1750 rub/day x 20 days) To Tsisar.
Since Hvornum is paid based on the hourly tariff rate, the one hour not worked due to the reduction in the working day on February 20 is not paid. This month, accruals are made to him for 159 hours worked, the required amount will be 34,980 rubles. (220 RUR/hour x 159 hours).

Piece workers' pay depends on the volume of work performed, and not on the number of hours they spent on it.

Example 2. The organization employs piece workers L.N. Kraichik. and Allison M.W. Employment contracts with employees indicate that one standard hour of work (production of 15 units of product) is paid at a piece rate of 250 rubles. On February 20, Kraichik fulfilled the work quota; in seven hours he produced 105 units of product, while Ellison produced only 95 units of product during the specified time.
For the specified pre-holiday day (shortened by one hour), Kraichik is credited 1,750 rubles. (250 RUR x 7 hours).
Ellison fulfilled the plan on this day by 90.48% (95 units: 105 units x 100%), in connection with this his accruals will amount to 1583.33 rubles. (250 RUR x 7 hours x 90.48%).

In the cited Decision of the Supreme Court of the Russian Federation N GKPI06-963, the provision of Part 2 of Art. 95 Labor Code of the Russian Federation. According to this norm, in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime of one hour is compensated for:
- providing the employee with additional rest time;
- with the consent of the employee, payment according to the standards established for overtime work.
Article 152 of the Labor Code of the Russian Federation, which regulates payment for overtime work, directly states that, at the employee’s request, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
One of the basic principles of legal regulation of labor relations and other directly related relations according to paragraph. 5 tbsp. 2 of the Labor Code of the Russian Federation recognizes the provision of the right of every employee to fair working conditions. Within the meaning of the norm of this paragraph, the duration of additional rest time during overtime, which is no less than the time of this overtime, meets the principle of ensuring the right of every employee to fair working conditions.
Based on this, an employee who has worked on a pre-holiday day, which is generally reduced by one hour, is entitled to at least one hour of additional rest. The procedure for its provision should be determined by the employer’s documents regulating labor relations.
It is logical to provide for a list of industries or positions in which, due to the nature of the work, employees cannot have their work hours (shifts) reduced on pre-holiday days, and the procedure for compensation for overtime work by the organization in a collective or labor agreement, as well as in a local regulatory act.
In the collective agreement, the employer can prescribe various forms of compensation. In addition to the procedure for recording overtime, the document can stipulate the possibility of summing up overtime, which will subsequently allow the employee to receive a full day of rest. When determining the conditions for providing compensation for overtime on a pre-holiday day, it is also necessary to establish the procedure for paying for such work (for example, describe the procedure for requesting employees to choose the type of compensation, etc.).
Please note that in order to apply the norms provided for by the collective agreement, all employees of the organization must be familiar with them.
Providing additional rest time can be provided for in the shift schedule (in case of shift work with cumulative accounting of working hours). In this case, the schedule takes into account the shifts of employees minus the hours worked overtime. Thus, for persons who worked a full shift on the pre-holiday day (without a reduction of one hour), the schedule provides for shifts minus the overtime hours. To prevent this from happening simultaneously for all of these persons, such a shift is established for each of them in turn. In this case, the employee is given the right to decide when he uses this hour for personal purposes - in the first hour of the shift or in the last. Moreover, the employee must make a decision in advance. This option can be applied if the organization has employees who can replace those who go to work later (leave work earlier) due to the provision of additional rest time. Otherwise, to replace the vacationer, you will have to hire another employee to work overtime or work on a day off.
Including such days in the shift schedule makes its preparation somewhat difficult. After all, according to Part 4 of Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be brought to the attention of employees at least a month before it comes into effect.
The issuance of an order (instruction) from the employer on compensation to the employee eliminates this shortcoming. If a local regulatory act establishes a list of works for which, in accordance with Part 2 of Art. 95 of the Labor Code of the Russian Federation, working hours on a pre-holiday day are not reduced, then after the day on which the processing occurred, an order is issued. It indicates the last name, first name, patronymic and position of the employee who is entitled to additional rest, the day on which the overtime occurred, its reason and the period of time for which the rest is provided. The basis for such an order may be a statement from the employee, in which he indicated the desired type of compensation. The employee must be familiarized with the order and signed.
The Labor Code of the Russian Federation does not establish a period during which an employee is provided with additional rest time as compensation for overtime on pre-holiday days. Therefore, it is advisable to establish rules for providing additional rest time in the organization’s local regulations. In this case, it is necessary to keep records of processing time in such a way that compensation is necessarily made. Otherwise, the employer may be held administratively liable for violating the legislation regulating working hours and rest periods for employees.
Instead of providing additional rest time, overtime on a pre-holiday day can be paid with the employee’s consent. The decision on this type of compensation can be made by the employee both before and after work on the day before the holiday. The employee is notified orally or in writing of the opportunity to receive monetary compensation for overtime hours.
If the employer is notified of the possibility of receiving monetary compensation in writing before the start of work and agrees to payment, then the basis for the order to pay for overtime is indicated by a document in which the employee has confirmed in writing his desire for the type of compensation in question. Such a document may be a proposal signed by the employer, in which the employee is given the right to choose the type of compensation.
An employee can write a personal statement addressed to the employer about payment for an overtime hour on a pre-holiday day, which is calculated according to the standards for overtime pay.
To pay compensation, the employer issues an order based on a document that sets out the employee’s wishes regarding the type of compensation. The employee familiarizes himself with the order with his signature.
As we can see, replacing an employee’s additional rest time with payment of compensation can only be done with the consent of the employee himself. The presence of a condition in a collective or labor agreement, according to which overtime on pre-holiday days is in all cases compensated to employees exclusively by payment according to the standards established for overtime work, infringes on the rights of the employee.
Regulation of labor relations and other directly related relations in accordance with Part 1 of Art. 9 of the Labor Code of the Russian Federation can be carried out by concluding, amending, supplementing employment contracts by employees and employers. Based on Part 2 of this article, collective and labor agreements cannot contain conditions that limit the rights or reduce the level of guarantees of employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in these agreements, they are not subject to application.
When using the unified form N T-13 to record working hours, in the upper lines of column 4, opposite the employee’s last name when working during the day, the letter code I or digital 01 is entered, and in the lower lines the duration of work is indicated in hours, minutes. When overworking on a pre-holiday day, you can add lines to the timesheet form opposite the last name of the overworked employee and put in them the letter code C or digital 04, and below - the time worked by the employee in excess of the established norm of 1 hour.
Overtime for one hour in continuously operating organizations and in certain types of work where it is impossible to reduce the duration of work (shift) on a pre-holiday day, in our opinion, is not overtime work, which is discussed in Art. 99 Labor Code of the Russian Federation.
Let us remind you that overtime work in accordance with Part 1 of Art. 99 of the Labor Code of the Russian Federation is work performed by an employee on the initiative of the employer outside the established working hours - daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
In the case provided for in Part 2 of Art. 95 of the Labor Code of the Russian Federation, there is no reduction in the working day or shift, so the work is not performed outside the working hours established for the employee.
If we assume that work for one hour in the case under consideration is overtime work, then all the provisions of Art. 99 Labor Code of the Russian Federation. As a general rule, engaging an employee to work requires his written consent and taking into account the opinion of the elected body of the primary trade union organization. And this, in turn, would make it impossible for continuously operating organizations to operate if workers refused to work overtime. Such an approach would not correspond to the task of optimal coordination of the interests of the parties to labor relations (Part 1 of Article 1 of the Labor Code of the Russian Federation).
Since work for an hour in the case provided for in Part 2 of Art. 95 of the Labor Code of the Russian Federation, is not overtime work provided for in Art. 99 of the Labor Code of the Russian Federation, in order to attract an employee to such work, compliance with the requirements of this article is not required. 99 of the Labor Code of the Russian Federation, including:
- obtaining the employee’s written consent;
- taking into account the opinion of the elected body of the primary trade union organization;
- drawing up an order from the employer to engage in overtime work.
All in the same part 2 tbsp. 95 of the Labor Code of the Russian Federation states that overtime is compensated by payment according to the standards established for overtime work. Overtime work is paid at an increased rate: for the first two hours - no less than one and a half times the rate, for subsequent hours - no less than double the rate. Specific amounts of payment for overtime work can be determined by a collective agreement, local regulations or an employment contract (Article 152 of the Labor Code of the Russian Federation).
As we can see, for one hour of work worked, which is subject to reduction on the day before a holiday, the employee is entitled to accrue one and a half hourly wage rate, unless a collective or labor agreement or local act of the organization provides for a larger amount of such payment.

Example 3. Employee Bolelli V.V. A 12-hour work shift was established, one of which was scheduled to take place on February 20, 2016 from 8:00 to 20:00. The employee is given an hourly wage rate of 220 rubles/hour.
Due to the continuous technological process, an employee’s working hours on a pre-holiday working day cannot be reduced. According to the regulations on wages for workers engaged in continuous production, on pre-holiday working days, working hours are not reduced by one hour. One hour of overtime is paid according to the standards established for overtime work by the collective agreement: all hours of overtime are paid at double the rate.
Payment for actual time worked on February 20 is 2,420 rubles. (220 rubles/hour x 11 hours), payment for one hour worked overtime is 440 rubles. (220 rubles/hour x 1 hour x 2), in total for the specified working day before the holiday Bolelli was charged 2860 rubles. (2420 + 440).

How is the pre-holiday day paid?

In all organizations on the territory of the Russian Federation, the Labor Code (LC RF) has been in force since 02/01/2002. The laws contained in it regulate labor interactions between employers and employees. The Code is mandatory for all forms of organizations and individual entrepreneurs using hired labor. It consists of 6 parts and 13 sections. In particular, the Code defines and regulates wages, working hours and work on holidays.

Article 95 of the Labor Code specifies the duration of working hours (shifts) on the days preceding state non-working holidays.

Working hours on a pre-holiday day are reduced by 1 hour without a reduction in pay. If an enterprise (organization) cannot reduce working hours, the production process is continuous, and in some areas a sliding work schedule is used, then according to the Labor Code of the Russian Federation, the employer must compensate for overtime with additional paid rest time or (with the written consent of the employee) increased pay (as overtime) for one hour.

In Russia, the Labor Code defines public holidays. They are official holidays:

• New Year holidays - from 01.01 to 06.01 and 08.01 (according to the amendments made to Article 112 of the Labor Code of the Federal Law No. 35-FZ dated 04/23/2012);
• Christmas - 07.01;
• Defender of the Fatherland Day - 23.02;
• International Women's Day - 08.03;
• Spring and Labor Day - 01.05;
• Victory Day - 09.05;
• Russia Day - 12.06;
• National Unity Day - 04.11.

Pre-holiday days are working hours that immediately precede the holidays. If there is a Saturday or Sunday before a holiday, then working Friday is not a shortened pre-holiday day.

Working days whose duration is reduced by one hour:

• 2017: November 3, March 7 and February 22;
• 2018: February 22, March 7, April 28, May 8, June 9, December 29.

Please note: if a working day (Saturday or Sunday) occurs due to the postponement of a pre-holiday day, then the duration of work at this time is reduced by one hour, because it is considered a shortened pre-holiday day.

For example, in April 2018, the working day of April 30 (which precedes the holiday) will be moved to Saturday 28. The pre-holiday day in this case is April 28, not April 30.

A shortened pre-holiday working day according to the Labor Code of the Russian Federation is established for all categories of workers. If an employee works part-time - less than an hour (for example, a part-time worker at 0.1 rate) or an incomplete week - four working days (instead of five), then he has the right to have his working hours reduced before a holiday. In this case, the employee does not go to work (since his working day is one hour), and 0 working hours are noted on his timesheet. Payment for the month is made in full.

A shortened holiday is not a reason to reduce wages.

There are some nuances:

• if an employee is paid according to a salary or a daily tariff rate under an employment contract, then the shortened pre-holiday day is paid in full (excluding the shortened hour);
• if an employee’s work is paid at an hourly rate, then for the pre-holiday day payment will be made for the time actually worked, the “reduced” hour is not paid;
• if an employee is paid on a piece-rate basis, then, regardless of the day of work, payment is made for the actual amount of work;
• If an employee works a shortened working day under an employment contract, then payment for a shortened working day is made according to general rules and depends on the type of payment (salary, daily rate, hourly rate or piecework payment).

Not all enterprises can provide short working hours to all employees. If employees continue to work, then in this case they will have to pay one hour of overtime.

According to the Labor Code, overtime work is paid for the first two hours no less than one and a half times the rate, for subsequent hours - no less than double. Payment for overtime hours at a particular enterprise must be prescribed by local regulations.

Example: mechanic Ivanov I.I., according to his employment contract, has an 11-hour shift (working time). His hourly wage is 150 rubles per hour.

Ivanov I.I.’s work shift fell on 02/22/2017. It is not possible to provide him with a shortened work shift. The production process cannot be interrupted.

For ten hours of work, Ivanov I.I. was paid 1,500 rubles. (150 rubles/hour x 10 hours).

Payment for one hour of overtime work - 225 rubles. (1 hour x 150 rubles/hour x 1.5).

When working hours are reduced on a pre-holiday day, the accountant should be guided by the Labor Code of the Russian Federation to pay for it. Need to remember:

• the specifics of payment depend on the remuneration system individually specified in each employment contract;
• All categories of workers have the right to a pre-holiday shortened working day.

Good luck to everyone working!

The Labor Code (hereinafter referred to as the Labor Code of the Russian Federation) states that on the eve of non-working holidays, the length of the working day is reduced by one hour. This is called shortened working hours. The Labor Code of the Russian Federation establishes the entire list of holidays and non-working days. This list is established for the entire territory of the Russian Federation.

But in addition to the Labor Code, other regulations may also provide for other holidays and non-working days. For example, the Federal Law “On Freedom of Conscience and Religious Organizations” provides that government bodies have the opportunity to declare religious holidays non-working. Such a decision can be made only for certain regions or territories at the request of a specific religious organization. It follows from the above that constituent entities of the Russian Federation can establish their own holidays and non-working days.

The legislation makes it possible to postpone the day off. In particular, in accordance with the norms of the Labor Code, if a holiday coincides with a weekend, then the weekend is transferred to the next working day. In this case, the duration of the working day is equal to the duration of the working day for which the transfer was made. When making a weekend transfer, a corresponding decision of the Government is required.

The pre-holiday working day is shortened regardless of the duration of daily or weekly work. But there are some exceptions, such as continuous production. In particular, in continuously operating companies in which reductions in working hours are not allowed, the length of the working day cannot be reduced.

This approach is explained by the fact that continuous production is a series of technological processes that cannot be stopped without causing significant damage to the production process. This approach is justified by the nature of technology.

Examples of continuity of the production process can mainly be found in industry (workshops, lime kilns, etc.). This category also includes institutions such as hospitals and public transport.

Taking into account the peculiarities of continuous production, as well as the importance of some institutions, the length of the working day on the eve of holidays in such institutions is not reduced. If for some reason it is impossible to suspend the work process on non-working days, then the length of the working day on the eve of the holiday is also not reduced.

The Labor Code of the Russian Federation provides general rules for reducing working hours. It should be noted that this rule applies to all employees, even those who work reduced working hours. For example, legislation establishes reduced working hours for persons under the age of majority, citizens who work in hazardous conditions, disabled people, etc.

This rule also applies to employees who work part-time and to persons who work part-time. The above categories of employees are also subject to the rules for transferring days off.

But the law states that the length of the working day cannot be reduced in cases where the non-working day is preceded by a weekly rest day (mainly Saturday and Sunday). In other words, working hours are not reduced in cases where a non-working day is preceded by a weekend. After all, in this case there is no working day before the holiday.

The amount of wages in such cases largely depends on the category of workers and the type of salary they receive. For example, the salary of a “piece-worker” is calculated based on the amount of work he performs. Workers on half a day's wages receive their money based on a set daily wage rate.

If an employee receives his salary on an hourly basis, then in this case his salary will be calculated based on the period of time he worked. In such cases, only the time when the employee actually fulfilled his work obligations is paid. If employees' wages are fixed, they receive it in full. After all, reducing working hours is legal.

If employees work in institutions that must operate continuously, then in this case they receive compensation for additional time worked. In such cases, the employee may receive additional rest time or receive an additional amount of money. In case of monetary compensation, its amount is calculated based on the standards provided for payment of overtime work.

The work activity of citizens involves alternating work and rest time. At the same time, a number of holidays are added to the latter, approved by current legislation as official days off. Their list is enshrined in Article 112 of the Labor Code of the Russian Federation.

Based on this norm, official non-working holidays include:

• New Year's weekend - from January 1 to January 8 (including the 7th - Christmas);
• Defender of the Fatherland Day - February 23;
• Women's Day – March 8th;
• Labor Day – May 1st;
• Victory Day – May 9th;
• Russia Day – June 12th;
• National Unity Day – November 4th.

Their inclusion in the work regime has its own nuances. For example, if a holiday falls on a weekend, the latter is transferred to the next working day. In rare cases, current legislation may establish a different transfer procedure. For example, days included in the New Year holidays are not postponed.

If, in order to optimize the work process, the Government of the Russian Federation makes a decision to postpone a holiday, then it must be officially enshrined in a federal law or other legal act. The corresponding document must be issued no later than a month before the start of the calendar year in which the decisions taken will be in effect.

Payment for holidays, according to Article 112 of the Labor Code of the Russian Federation, is made even if the employees were not actually involved in work. The presence of official non-working days in the accounting period is not a basis for reducing the wages of salaried employees. If a citizen works under a different work schedule, then for the specified days he must receive compensation, the amount of which is determined by the collective agreement.

If the specifics of the work presuppose the need to attract citizens to work on non-working days, according to Article 153 of the Labor Code of the Russian Federation, the specified time must be paid at least in the amount of two salaries or at a double piece rate (hourly, daily) rate. Additional bonuses for work at specified times may be established by collective agreement.

Also regarding holidays, another rule applies - on the day before a holiday, the duration of the work shift is reduced by one hour. The specified time is deducted from the monthly standard hours, therefore, involvement in work at this time is equivalent to overtime work and must be paid in accordance with the procedure established by law.

The very concept of a pre-holiday day is enshrined in Part 1 of Article 95 of the Labor Code of the Russian Federation. According to the text of this norm, the day immediately preceding a holiday should have a reduced work shift duration. It decreases by one hour. Thus, if the enterprise has introduced a “standard” working regime, providing for 5 working days, with 8 working hours in each, then on a pre-holiday day the shift duration will be 7 hours.

In this case, this rule applies to non-working days enshrined in Article 112 of the Labor Code of the Russian Federation. However, the employer has the right to establish other conditions that do not worsen those provided for by labor legislation. In addition, in addition to the holidays established by the Labor Code of the Russian Federation, which apply throughout the country, local entities may include their own non-working days in this list. At the same time, all employers carrying out economic activities in the territory of this region are required to comply with them.

According to Article 95 of the Labor Code of the Russian Federation, in general, the duration of work shifts on pre-holiday days is subject to reduction by one hour. This is a kind of benefit for workers, which applies to all employees, with the exception of certain cases provided for by current legislation.

Even the shifts of workers working on a reduced schedule are subject to reduction. These include minors, disabled people, persons performing official duties in dangerous or harmful conditions, and other preferential categories of citizens entitled to shortened work hours. Based on the provisions of Part 3 of Article 93 and Part 2 of Article 287 of the Labor Code of the Russian Federation, persons who work part-time also fall under the scope of this benefit.

In addition, in accordance with Part 3 of Article 95 of the Labor Code of the Russian Federation, if a company uses a six-day work week, then the duration of work on a pre-holiday day cannot exceed 5 hours.

If the last working day and a holiday are separated by a day off, then the shift reduction rule does not apply. For example, if an enterprise uses a five-day work week, and a holiday falls on Sunday, then work hours on Friday are not reduced. This rule applies due to the fact that the provisions of Article 95 of the Labor Code of the Russian Federation apply only to the days immediately preceding the holiday.

At the same time, the rule of postponing a holiday that falls on a day off applies to all workers, except those involved in continuous production.

According to the general rule, the pre-holiday shift is shortened by one hour. However, there are exceptions. If the specifics of the economic activity of an enterprise or the work of individual sections or workshops provide for the introduction of continuous production, which implies the impossibility of reducing working hours, then this rule will not apply to them. This limitation is explained by the peculiarities of technical processes, the stopping of which is impossible without causing serious harm to production.

In accordance with Part 2 of Article 95 of the Labor Code of the Russian Federation, if the enterprise operates a continuous operating mode, which prevents a reduction in the duration of the shift, then the time subject to reduction is compensated by extending the rest time. Also, with the consent of the employee, this time period can be replaced by a monetary payment, the amount of which is calculated according to the rules applied for overtime work.

Work involving a continuous production process includes:

• Pottery;
• Glass making;
• Smelting of steel and cast iron;
• Manufacturing of products in lime kilns;
• Mill supplies.

Continuous operation has been introduced in a number of medical institutions, emergency situations authorities and other services. In addition, some types of public transport, both suburban and international, operate within the specified schedule.

Thus, the actual duration of work shifts on pre-holiday days in continuous production is not reduced. It is compensated in accordance with the procedure established by law.

According to current legislation, workers must be paid for holidays even if they did not work at that time. At the same time, for persons receiving a salary, the amount of wages if there is a holiday in the accounting period will not decrease. If citizens work on an hourly or daily basis, then they must be paid the tariff rate established by the employer, as for the day worked.

For persons on piecework wages, compensation is paid for a holiday, the amount of which is fixed in the collective agreement of the enterprise.

However, changes in payment occur not only for the non-working day, but also the one preceding it. In accordance with the provisions of Article 95 of the Labor Code of the Russian Federation, work shifts on pre-holiday days are reduced by an hour. In this regard, the amount of wages for that day also changes. The procedure for making calculations in this case depends on what payment system is implemented in production:

1. If citizens are paid based on the work they perform (transaction), then no changes in tariffs will be made. The salary for a shortened day will depend on how much work a particular employee has completed.
2. For persons whose salaries are calculated according to the “day” system, payment for a shortened day is made based on the established tariff rate.
3. Hourly wages provide for calculations based on actual time worked. Therefore, in this case, earnings will be reduced by one hourly salary.
4. For workers whose wages are fixed (salary), changes in wages for a shortened pre-holiday day are not provided.
5. In continuous production, due to the impossibility of reducing work shifts, the worker is offered a choice. He may be compensated for this time in the form of an extension of the rest period or paid as overtime.

According to Article 152 of the Labor Code of the Russian Federation, overtime is paid at 1.5 times the rate if a citizen is involved in work in the first two hours after the end of the work shift. All subsequent time must be paid double. The employer, for its part, can establish a higher compensation rate for overtime work by introducing a corresponding clause into the collective agreement. Thus, the reduced hour on pre-holiday days must be paid at least one and a half times the amount if the citizen was involved in work at this time.

Current legislation obliges employing companies to shorten the work shifts of hired specialists by one hour before the “red date” in the calendar. The provisions of the regulations do not separately stipulate the rules regarding the time of part-time work on pre-holiday days. This does not give the employer the opportunity for abuse: established practice demonstrates that part-time workers enjoy the same rights as their colleagues working in “standard” conditions.

The rules on reducing the length of the working day are set out in Art. 95 Labor Code of the Russian Federation. The list of “red dates” to which these instructions apply is given in Art. 122 Labor Code of the Russian Federation. The legal requirements are as follows:

• If the working day immediately precedes a holiday, it is “cut” by one hour without the specialists losing their wages.
• If the holiday is not the next day, the shift is not shortened. For example, on Friday workers work as usual if the “red date” is Sunday.
• If a holiday falls on a weekend, it is moved to the next weekday. The transfer schedule is approved by the executive body of the Russian Federation no less than 30 days before the start of the new calendar year.

If the organization cannot stop the production process in order to ensure the right of staff to a shortened day, employees work a full shift, and subsequently receive additional monetary remuneration (an “extra” hour is paid at one and a half rates) or rest time. The procedure in force in the company is determined by its local regulations.

What is part-time?

According to Art. 91 of the Labor Code of the Russian Federation, the standard working time is 40 hours per week. If an employee or company is not satisfied with such a schedule, they can reduce the employee’s workload, for example, to 20 hours. This is agreed upon before signing the employment contract or at any time during the cooperation.

Partial days are not specified separately in the legislation; they are established by agreement of the parties. The initiator prepares a written proposal, to which the recipient responds positively or negatively. Short shifts are set for an indefinite period or for a pre-agreed time interval.

In Art. 93 of the Labor Code of the Russian Federation stipulates cases when an employer does not have the right to refuse to allow a hired specialist to work part-time. The norm applies to:

• pregnant women;
• persons caring for a seriously ill close relative;
• parents of children under 14 years of age (or a disabled child under 18 years of age).

In Art. 74 of the Labor Code of the Russian Federation stipulates cases when the initiator of a part-time day is the employer and the employee cannot refuse the new conditions. These are significant organizational or technological changes in the company, when a reduction in shift duration is a necessary condition for avoiding mass layoffs. The maximum duration of the innovation is six months.

A part-time day should not be confused with the concept of a short shift. The latter is established not by mutual agreement of the parties, but by legal requirements. It is provided for workers in hazardous and hazardous industries, citizens under the age of majority, disabled people of the first and second groups, women in rural areas and other categories of specialists.

The employing company is obliged to “cut down” the shifts of specialists without reducing their wages. Failure to comply with the requirements for a shortened day is a gross violation of the law. The employer's actions can be appealed to the labor inspectorate or in court.

Art. 93 of the Labor Code of the Russian Federation states that part-time work means a proportional “cut” in the salary of a hired specialist. For example, if he works 4 hours daily, he will receive 50% of the salary that would be due to him for an 8-hour shift.

The remaining labor rights of a part-time specialist are similar to those provided for his colleagues. The rules for determining the duration of annual leave and calculating length of service remain unchanged.

Is the pre-holiday day shortened when working part-time?

If a specialist is employed on a “shortened” working week, the company’s management has a logical question: is it necessary to shorten his working day before a holiday, if he is already on duty less than his colleagues. The decision follows from two articles of the Labor Code of the Russian Federation:

• 93 – states that persons employed on a part-time basis have the same rights and benefits as the rest of the organization’s personnel.
• 95 - indicating the need to “cut” the pre-holiday shift by 60 minutes, does not describe the possibility of exceptions for those who work part-time or are employed part-time in a company.

It follows from the norms of the current legislation that a specialist who does not work full time on the eve of a holiday has the right to leave work 60 minutes earlier than usual.

What about those whose daily shift lasts one hour or less? For them, there is a general legislative right to reduce labor output. In practical terms, this means that the employee does not report to the company, but his working day is counted.

What to do with part-timers?

According to the Labor Code of the Russian Federation, part-time workers are persons who perform the functions of two positions in one company or are employed in two or more legal entities. Their work week is 50% of the standard 20 hours. The duration of one shift is limited to four hours.

In Art. 95 of the Labor Code of the Russian Federation does not indicate any reservations or exceptions for internal and external part-time workers. This means that persons who go to the company for 4 hours, on the eve of the “red date” of the production calendar, leave the workplace an hour earlier, i.e. after three hours.

By sending staff home earlier than expected, the employer does not have the right to reduce their wages. If production needs require a part-time worker to work a standard 4-hour shift, the employer will have to pay the last 60 minutes at time and a half rate, i.e. like overtime.

How to fill out a time sheet?

To record the working hours of personnel, the company's personnel officers keep timesheets. Filling it out on a pre-holiday date has some features compared to the “standard” option.

For persons employed on a full shift basis (eight hours for a five-day week), attendance is indicated on the report card. The adjacent column indicates the actual number of hours worked - seven. Similarly, data is entered for persons working part-time. For example, if their shift is set to four hours, on the pre-holiday date the number is entered in the document - three.

If a specialist is employed by a company at 1/8 rate (five hours a week), he does not show up for work on the day before a holiday. The code “I” (attendance for duty) is written on the report card, and the number “0” is written in the column for the number of hours.

The part-time employee's salary is calculated as usual. The employer does not have the right to count the pre-holiday date as time off or reduce the specialist’s salary. Such actions are violations of current legislation; they are appealed to the labor inspectorate.

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