Until what time is the pre-holiday working day. Duration of work on the eve of non-working holidays and weekends. The employer lengthens the shortened day - what to do

Everyone loves holidays, because an extra day of rest will not hurt anyone. Moreover, the work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a decrease in the total working day is not always required. When and in what cases labor law allows you to go home early - our article is devoted to this topic.

What is a pre-holiday day according to the Labor Code of the Russian Federation

In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with stat. 95 is legally shortened by 1 hour. When reducing the time of employment, it is necessary to take into account the following features of the nature of the work:

If the company is necessary to work continuously or the position of a specialist does not allow to reduce the duration of employment, such stay is recognized as processing and is subject to compensation in the form of additional days off. Or the employee may be paid overtime (with the consent of the specialist).

If an employee works for 6 days, the length of the day of employment on the eve of public holidays can be a maximum of 5 hours.

If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction in the previous date occurs.

To understand what a short pre-holiday day is like, let's turn to the provisions of stat. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly normal running time is 40 hours maximum. And if an employee works on special conditions, for example, a reduced time (stat. 92) or part-time (stat. 93), or is a part-time employee, this does not in any way limit his right to go home an hour before the holidays.

What days are considered holidays?

Of course, not all holidays are considered official. Let's say corporate events, employee birthdays or professional dates cannot be considered holidays according to government regulations. The Labor Code defines the pre-holiday working day only in relation to those dates that precede those established in stat. 112. In particular, in Russia the following days are considered non-working:

The holiday of the defenders of our fatherland - 23 Feb.

All existing public holidays are marked in red on production calendars, and the day before the holiday is indicated with an asterisk *, so that personnel officers understand exactly when workers are entitled to concessions. When conducting HR administration on and before holidays, keep in mind that:

If an officially approved holiday coincides with a weekend date, Saturday or Sunday should be rescheduled to the next working day immediately after the holiday. The exceptions are the days of New Year's holidays and Christmas, for which the government of the Russian Federation has provided for a special postponement procedure.

If the salary to employees is not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the LNA of the enterprise, for example, in the collective agreement.

If the employee's salary is paid according to the salary system, the employer is not entitled to reduce the total amount of remuneration if there are public holidays in the current period.

By decision of the federal authorities, some days off may be postponed in a different manner in order to increase overall labor productivity.

For example, January 1, 2018 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2017 it falls on a day off, that is, Sunday. Since everyone is closed on Sunday, the next pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and cannot be reduced according to the norms of the Labor Code.

How work is organized on pre-holiday days according to the labor code

By Labor Code of the Russian Federation pre-holiday working day no different from all other busy days, except for the shortened duration. It does not matter in what position the specialist works, in which constituent entity of the Russian Federation he lives and how long he has, employers of all organizational and legal forms and fields of activity must comply with the requirements of labor legislation. These norms apply to both legal entities and individual entrepreneurs, provided that the latter hires employees under labor contracts.

Note! If the enterprise engages persons within the framework of civil law relationships, such citizens perform the amount of work in accordance with the norms of civil, and not labor legislation. Consequently, such individuals do not set a shortened pre-holiday day, they themselves decide how many hours to work.

As already mentioned, a short day before the holiday is due to all employees, both working in their main job and part-time workers, as well as those who work part-time or on a reduced day. At the same time, the official decrease in the duration of employment cannot affect the procedure for settlements with personnel. That is, the employer has no right to reduce the salary for such a reduction in the total work time, because a person does not skip work, but uses legal labor rights, established requirements Labor Code of the Russian Federation.

The nuances of paying for a short pre-holiday day:

With the hourly wage system, in this case, the employee receives earnings based on the actual production time. Therefore, short hours will not be paid and this is not considered an offense by the employer.

Poi salary system of remuneration - the short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.

At piecework system wages - as well as the hourly system, this methodology implies the calculation of earnings based on the actual amount of work or products produced. This means that the reduction in working hours on the pre-holiday day does not affect the amount of remuneration for pieceworkers in any way.

When employed on reduced terms or on a part-time basis, the salary for a short pre-holiday day cannot be reduced.

Note! If the organization operates continuously, and employees work as usual, that is, without reducing pre-holiday days, such time of employment is recognized as overwork and is payable at least in double size... The exact procedure for calculating compensation and the list of positions of persons who cannot be provided with shortened days before the holidays are approved by the head in the internal document flow of the enterprise.

How is work done on the pre-holiday day?

The pre-holiday working day provided by the TC is marked in the report card according to special rules. But many personnel workers they do not know about this and continue to put down the usual numbers 8. However, on such dates employees work less than the prescribed time of employment. For example, an employee on a 40-hour work week on the day before a holiday is busy only 7 hours. Therefore, if this fact is not indicated in the report card, inspectors from the labor inspectorate may come to the conclusion that the person has overworked, and the employer has violated the requirements of the law. How to avoid problems?

First of all, enter data in real time. If the employee is busy on an 8-hour day, for the pre-holiday day, it is necessary to reflect the attendance at 7 o'clock. If a person works on a shortened 7-hour day - 6 hours. If she works part-time for only 4 hours daily, we set 3 hours on the pre-holiday day, etc. In this way, letter designation for shortened dates before official holidays, it remains the same - "I", and the number of hours is put down with a decrease of 1 hour according to stat. 95 TC. Salary calculation is carried out taking into account the above nuances.

To draw up or not to draw up an order to reduce the time of work at the enterprise? In principle, since this requirement is regulated by labor law, this is not necessary. But if the employer decides to issue such an order, it will not be considered a violation either. It's easier to remind employees that they can leave work early.

Work on pre-holiday days - 2018

We figured out the rules for working on the days before the holidays. Since some holidays are sometimes postponed by the Government, before proceeding with informing staff, please clarify which dates have been approved as holidays for the next year. The table below contains a list of holidays and pre-holiday dates for 2018 in accordance with Resolution No. 1250 of 10/14/17.

List of Official Holidays and Pre-Holidays

If we turn to the provisions of the said Resolution, it becomes clear that the transfer of the following days (weekends) in 2018 has been made:

From 01/06/18 (Saturday) to 03/09/18 (Friday).

From 01/07/18 (Sunday) to 05/02/18 (Wednesday).

From 04/28/18 (Saturday) to 04/30/18 (Monday).

From 06/09/18 (Saturday) to 06/11/18 (Monday).

From 12/29/18 (Saturday) to 12/31/18 (Monday).

If the employer does not give a short pre-holiday day

In some organizations, shortening the length of the working day on the eve of an official holiday is the norm, since such institutions are obliged to ensure uninterrupted work. How the employer should act in this case is described above, but this will not be a violation of the labor legislation of the Russian Federation.

And what about the employees of those companies whose administration does not want to hear anything about people leaving to rest an hour earlier, and also does not pay overtime for overtime? First of all, remember that such actions are a violation of the requirements of the Labor Code, and therefore entail bringing to administrative responsibility under stat. 5.27 of the Administrative Code. The punishment under this article is provided in the form of a fine in the amount of 1000-5000 rubles. on the official employee, 30,000-50,000 rubles. to legal entities. Repeated offenses are subject to a fine of 10,000-20,000 rubles. for an employee, 50,000-70000 rubles. to legal entities. A complete list of sanctions in

The shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding the non-working day holiday... As a general rule, the duration of the working day or shift on the pre-holiday day is reduced by one hour under labor law (Article 95 of the Labor Code of the Russian Federation). And if the holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on a Saturday. This is a day off in an organization that has a five-day work week. In this regard, on the working day preceding it - December 30 - the duration of the working day, as well as on other days, will be 8 hours.

Note that professional holidays such as Lawyer's Day, Trade Workers' Day, Geologist's Day, etc., are not official holidays and non-working holidays. Therefore, the duration of the preceding working days is not reduced.

Pre-holiday day in continuously operating organizations

Not every employer can provide their employees with a shorter pre-holiday working day. We are talking about continuously operating organizations, for example, medical institutions, transport companies etc. Employees of such organizations, as compensation for overworking on the pre-holiday day, are entitled to additional rest time or pay according to the norms established for overtime work (Article 95 of the Labor Code of the Russian Federation).

Specific positions in which there cannot be a shortened pre-holiday working day according to the labor code, as well as the procedure for compensation, are provided for in the collective agreement or labor contracts with employees.

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working hours.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined federal body the executive branch responsible for the development of state policy and legal regulation in the sphere of labor.

(part three was introduced by the Federal Law of 22.07.2008 N 157-FZ)

The employer is obliged to keep records of the time actually worked by each employee.

Article 92. Shortened working hours

Reduced working hours are established:

for employees under the age of sixteen - no more than 24 hours a week;

for employees between the ages of sixteen and eighteen - no more than 35 hours per week;

for employees who are invalids of I or II groups - no more than 35 hours per week;

for workers engaged in work with harmful and (or) dangerous conditions labor - no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

Working hours of students educational institutions under the age of eighteen, working during the academic year in their free time from school, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

This Code and other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 93. Part-time work

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)

The duration of daily work (shift) cannot exceed:

for employees aged fifteen to sixteen years - 5 hours, for employees aged sixteen to eighteen years - 7 hours;

for students educational institutions, educational institutions of primary and secondary vocational education combining study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

for disabled people - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

For workers engaged in work with harmful and (or) dangerous working conditions, where a reduced duration of working hours is established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for workers employed in work with harmful and (or) hazardous working conditions, provided that the maximum weekly duration of the worker is observed. time (part one of Article 92 of this Code) and hygienic standards for working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

(Part three as amended by Federal Law of 30.06.2006 N 90-FZ)

The duration of the daily work (shift) of creative workers of the means mass media, organizations of cinematography, television and video filming collectives, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, may be established by a collective agreement, local normative act, labor agreement.

(Part four was introduced by the Federal Law of 30.06.2006 N 90-FZ, as revised by the Federal Law of 28.02.2008 N 13-FZ)

Article 95. Duration of work on the eve of non-working holidays and days off

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

In continuously operating organizations and on certain types work where it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

On the eve of weekends, the duration of work with a six-day working week may not exceed five hours.

Article 96. Work at night

Night time - time from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The duration of work (shift) at night is not reduced for employees who have a reduced duration of working hours, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equal to the duration of work in the daytime in cases where it is necessary for the working conditions, as well as for shift work with a six-day work week with one day off. List these works can be determined by a collective agreement, a local normative act.

Not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of workers in accordance with this Code and other federal laws. Women with children under the age of three, disabled workers, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited by them for health reasons in according to the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.

(as amended by Federal Laws of 24.07.2002 N 97-FZ, of 30.06.2006 N 90-FZ)

The order of work at night for creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works , professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, local regulatory act, labor contract.

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 28.02.2008 N 13-FZ)

Article 97. Work outside the established working hours

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The employer has the right, in accordance with the procedure established by this Code, to attract an employee to work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, agreements, local regulations, labor contract (hereinafter - the working time established for the employee):

for overtime work (Article 99 of this Code);

if the employee works on irregular working hours (Article 101 of this Code).

Article 98. Abolished. - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Overtime work is work performed by an employee on the initiative of the employer outside the working hours established for the employee: 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.

Engaging an employee to work overtime by the employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the working time established for the employee, if non-performance (non-completion) of this work may entail damage or loss of property the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;

2) during the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees;

3) to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

Engaging an employee to work overtime by an employer without his consent is allowed in the following cases:

1) during the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

In accordance with the Federal Law of 07.12.2011 N 417-FZ from January 1, 2013, in paragraph 2 of part three of this article, the words "water supply, gas supply, heating, lighting, sewerage systems," will be replaced by the words "centralized hot water supply systems, cold water supply and (or) sewerage systems, gas supply systems, heat supply systems, lighting, ".

2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems;

3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency conditions, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

In other cases, overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It is not allowed to involve pregnant women, employees under the age of eighteen years, other categories of employees in overtime work in accordance with this Code and other federal laws. Involvement of disabled persons, women with children under the age of three years, in overtime work, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work.

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

It is the employer's responsibility to ensure that each employee's overtime is accurately recorded.

In all organizations on the territory of the Russian Federation, the Labor Code (Labor Code of the Russian Federation) has been in effect since 02/01/2002. The laws spelled out in it regulate labor interactions between employers and employees. The Code is binding on all forms of organization and individual entrepreneurs using wage labor... It consists of 6 parts and 13 sections. In particular, the Code defines and regulates remuneration for labor, working hours and work on pre-holiday days.

What does the Labor Code of the Russian Federation say

Article 95 of the Labor Code specifies the duration of working hours (shifts) in the days that precede public non-working holidays.

Working hours on the pre-holiday day are reduced by 1 hour without reducing the payment. If the enterprise (organization) cannot reduce work time, 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 the processing with additional paid rest time or (with the written consent of the employee) an increased pay (like overtime) for one hour.

Holidays calendar

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

• New Year's 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 of 23.04.2012);
• Nativity of Christ - 07.01;
• International Women's Day - 08.03;
• Spring and Labor Day - 01.05;
• Victory Day - 09.05;
• Day of Russia - 12.06;

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

Working days, the duration of which 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 the working day (Saturday or Sunday) turned out due to the transfer pre-holiday day, then the duration of work at this time is reduced by one hour, because it is considered an abbreviated holiday day.

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

Features of part-time work

A reduced 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 job at 0.1 rate) or part-time - four working days (instead of five), then he has the right to reduce working hours before the holiday. In this case, the employee does not go to work (since his working day is one hour), in the report card he is marked with 0 working hours. Payment for the month is made in full.

Payment for "shortened" time

A shortened pre-holiday day is not a reason for a reduction in wages.

There are some nuances:

• if the employee is installed by labor contract payment by salary or at the daily wage rate, then the shortened pre-holiday day is paid in full (excluding the shortened hour);
• if the employee's work is paid according to the hourly wage 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 piece-rate, then regardless of the day of work, payment is made for the actual amount of work;
• if an employee works on a shorter working day under an employment contract, then the payment for the shortened day is made according to the general rules and depends on the type of payment (salary, daily rate, hourly rate or piecework pay).

If the working day cannot be shortened

Not all enterprises can provide a shorter working day for all employees. If employees continue to work, then in this case, you will have to pay one hour of overtime.

By Labor Code overtime work pay for the first two hours no less than one and a half amount, for the next - no less than double. Payment overtime hours at a particular enterprise must be prescribed by local regulations.

Example: locksmith Ivanov I.I. under an employment contract established an 11-hour shift (working time). His hourly payment labor is 150 rubles per hour.

Ivanov I.I.'s shift fell on 02/22/2017. It is not possible to provide him with a shortened work shift. Manufacturing 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).

Conclusion

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. Remember:

• payment details depend on wage systems, individually prescribed in each employment contract;
• all categories of workers have the right to a pre-holiday shortened working day.

Good luck to everyone who works!