LawRegulatory Compliance

Work on the weekend provides for increased pay?

Law and reality are two different things in our country. Nevertheless, the development of society and the state requires the citizen to know his rights and ability to protect them.

According to the Constitution and Labor Code, every person who works for hire has the right to weekly rest days. Allowed one or two days, depending on the workweek (five or six days). The Labor Code of the Russian Federation established Sunday as a day off on the basis of the basic rule with a working week of 6 days. If there are five working days a week, then the weekend must go in a row. Work on weekends is regarded as an exceptional event. But this does not mean that employees of the metro, housing and communal services or doctors will not go on Sunday. In cases where it is impossible to stop the production process, the days off are provided to the employee, but on a special schedule. At the same time, the conditions for scheduling a weekend are fixed in a collective labor contract, and he himself is agreed with the trade union committee.

There are circumstances when work falls on weekends. What rights does the employee have, if instead of two days in the current week he rested only one? Firstly, most often such an employee is given a day off, rest on another day of the week instead of the old one. In this case, the main rule is observed: the employee has two days off. If the time off was not given, then the payment for work on the weekend is made in twofold. The same rule applies if the work was attracted on holidays, for example on May 9 or March 8.

We will analyze the situation of work on a special schedule. Work on weekends in this case is also possible, and so compensation is necessary. The changing schedule of holidays still provides for pre-agreed days in which the employee rests and is engaged in solving his own problems. Thus, attracting him to work violates personal plans, and therefore requires monetary compensation.

If the employee receives wages not at the rate, but by piece, the same rule applies. Work on the weekend should be paid more. For example, one collected window on a weekday costs 400 rubles, then this same work on the day off, will be paid in the amount of 800 rubles. The law establishes only a minimum payment on weekends and holidays, which can be adjusted by a collective agreement.

Since legislation allows for the provision of time off, if work on the weekend was carried out, then most often employers use this particular method of calculation, since it is more profitable and does not require additional costs. It should be noted that overtime work is also paid at an increased rate.

The aforementioned rights established by law are not always implemented in practice. This is explained by a combination of causes. First, employees do not know the legislation. Secondly, fearing losing their jobs, they do not raise the issue of additional payment. Employers violate the norms of labor law, feeling their complete impunity.

We will remember that labor legislation was created to protect the interests of all participants in the employment contract. Knowing their rights, a wage worker can safely demand their compliance with the administration.

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