Art. 113 of the LC RF. Prohibition of work on weekends and non-working holidays

The implementation of work in non-working and public holidays is prohibited by law, in some cases it is permitted, but only with the written consent of the citizen himself. Women who have children under the age of three, as well as workers with disabilities, can be brought to work on weekends only if they are allowed to do so for reasons of health. At the same time, these persons must be informed in writing so that they can refuse to work at a specified time.

Attraction to work

The legislation stipulates that the work of citizens on weekends and holidays is not allowed, this is exactly what Art. 113 of the LC RF. Despite this, in some cases, citizens can be attracted by the head to the performance of labor duties, if this will allow to continue to maintain normal work in the enterprise and in all its divisions.

In order to attract a citizen to work on a non-working day or a holiday , the head must take written consent from him. Otherwise, this will be considered a violation of labor legislation, because it is possible to oblige an employee to work on holidays and weekends without his consent only under circumstances that are stipulated in Art. 113 of the LC RF.

The performance of labor duties by a citizen during non-working hours always takes place only on the basis of an order or an order of the head of the organization, with which the employee must be acquainted with the signature.

The consent of the employee is not required

Despite the fact that attraction to work on weekends and even holidays is prohibited by law and is carried out only with the consent of the employee, which he gives in writing, art. 113 of the LC RF provides for a number of cases where work at the specified time is allowed even without his consent. This occurs under the following circumstances:

- in case of an accident or industrial accident prevention, as well as to eliminate all their consequences;

- when there is a risk of damage to the property of the organization;

- for carrying out work related to emergencies and martial law;

- if there is a threat to the life of the population.

In the event that these facts are not available, the manager has the right to engage employees outside of working hours only with their consent.

Involving disabled people and women with children under 3 years of age

Women who have children under the age of three, as well as persons with disabilities, can perform their labor duties outside of working hours only if this is not prohibited by them for health reasons and is confirmed by the conclusion of a specialist. In addition, these citizens should be acquainted with this under the signature, so says Art. 113 of the LC RF.

Payment

When performing work on non-working days, employees are charged a higher payment, which increases at least twice. If the citizen, who worked on a day off or on a holiday, wants to take another day for rest, then he must be provided to him. At the same time, his work will be paid for, as for a normal working day.

Since work activities on weekends and holidays are prohibited, but in exceptional cases is allowed, in accordance with this and the payment is increased at least twice. That is why the norms of Art. 113, 153 of the LC RF are inextricably linked, which allows the employer to make the correct payroll to the employee who worked at the specified time.

Written execution of consent

Labor activity during non-working hours is allowed only with the written consent of the employee himself. This is spelled out in part 2 of Art. 113 of the LC RF. A specific sample does not exist in this case, therefore the application can be written by the employee in the name of his boss in free form.

An approximate form about the consent to work at the weekend time is as follows:

To the Director of LLC ____________

From the citizen ____________

position______________

Statement

I am reporting on my consent to work on a non-working day of 00.00.00, I do not have any contraindications, which is confirmed by the medical report No. ________.

Date _______ Signature _________ (decryption)

Overtime work

The work carried out by a citizen in excess of the time-norm is called overtime. For this type of work is allowed to persons who have given written consent to this. In addition, the employer in this case should take into account the opinion of the trade union.

Overtime can involve employees without written consent in cases of disaster prevention, workplace accidents and in emergency situations when there is a threat to the life of the population. The same circumstances are specified in art. 113 of the LC RF. Overtime work is not intended for persons under the age of 18 and pregnant women, and women who have children under the age of three years and citizens who are disabled can be attracted to it only if this is not contraindicated for them for health reasons, Which is confirmed by a medical document.

The order of the chief

The attraction of a person to work on a day off must necessarily be based on the management's instructions. At the same time, the will of the chief can be issued in the form of an order with respect to a certain person. Of particular importance here are the circumstances under which the person leaves for work. They must be really valid and legitimate.

According to Part 8 of Art. 113 of the Labor Code of the Russian Federation, the employment of employees on weekends or holidays is made only with a written order of the head, although there is no specific form of such a document. It is composed as follows:

OOO ____________ (name of organization)

Order No. ________

"On the attraction to work in non-working days"

00.00.00, the city of ___________

In connection with the production necessity on the territory of LLC _____________ I order:

1. Obliged to come to work for the performance of labor duties of a mechanical department employee ____________ (Full name) on a public holiday 00.00.00. In accordance with the Labor Code, pay a double salary.

2. The specialist of the personnel department to acquaint the citizen ______ (Name) with this order against the signature.

Reasons:

- service note of the head of the mechanical department of LLC ____ (name, surname);

- the consent of the employee.

Familiarized with ________ (signature) _________ (decoding)

Date ______

Interpretation

Art. 113 of the LC RF with the comments gives a full interpretation of all cases when it is allowed to attract employees to work during non-working hours. However, each part of the article interprets this in different ways:

- in the first it is written that work on non-working days and holidays is prohibited;

- the second one speaks about unforeseen circumstances, in which the chief can involve the employee in work at the weekend, but only if he has the consent of the latter;

- the third gives the employer the opportunity, without the consent of the subordinate, to involve him on weekends and holidays to work, but only in certain cases;

- in the fourth it is indicated that the performance of labor activity of creative persons during non-working hours takes place only in the manner prescribed in the collective or other contract;

- in the fifth there are specified other categories of employees who can be recruited to work during non-working hours only with the consent of the trade union;

- Sixth provides for the possibility to carry out work activities by persons whose activities can not be stopped and is mandatory for the population, for example, work in the shop floor at the emergency station or in the water protection area;

- The seventh fixes the rights of disabled people and women who have children under three years of age, they can refuse to work outside of working hours and holidays in writing;

- The eighth is final and fixes for the employer the obligation to issue an order or order if it attracts subordinates to work on non-working days, indicating the level of increased payment.

Situations where prohibited work on the weekends are permitted, are specified in art. 113 TC RF with comments, and examples here may be cases where certain categories of persons with whom the employment contract is concluded for several months can be recruited for the performance of labor functions during off hours and holidays from their written consent to it.

I do not agree to work on weekends

Cases where individuals do not agree to work on weekends and holidays are always encountered in practice. Here the boss has no way to influence the subordinate. Because the involvement in labor activity at this time will be illegal, except for those exceptional cases referred to in Article 113 of the LC RF. The prohibition of work on weekends and non-working holidays directly justifies the fact that the involvement in labor in this situation is unacceptable and can only happen with the consent of the person who will formalize it in writing and only if it is necessary to continue normal Activity of the organization.

Allowed work on weekends

In addition to those cases where the performance of labor functions during non-working hours is unacceptable, there are such types of work when their suspension is simply not possible and therefore is allowed. At weekends, activities are allowed:

- industrial enterprises, for example, work in a shop at a factory or factory;

- organizations that serve the entire population, such as emergency and gas services.

Also, urgent repair and unloading works are allowed.

Arbitrage practice

Despite the fact that all managers try to comply with labor laws, sometimes there are situations when employees, believing that their rights have been violated, apply for protection to the judiciary. And very often such processes win.

Example: a citizen with a disability worked for the company as a cleaner. On the day off the boss asked him to get out and collect the garbage left from the welding work. At the same time, the employer did not discern the fact that a person is a person with disabilities. The citizen refused to work on the specified day, and his boss fired him for absenteeism. The employee went to court.

When reviewing the materials of the case, the court explained that the termination of the employment contract was illegal, because the citizen is disabled, which means that he can be involved in work outside the working time, if this is not prohibited for him for health reasons in accordance with the medical certificate, 113 of the LC RF. The cases of attracting employees on non-working days without their consent are directly spelled out in the code. Therefore, the dismissal of a person was unreasonable. As a result, the citizen was restored to the organization with compensation for moral damage and payment of forced absence.