Reduction by 1 hour on the eve of the holiday. Work on the holiday. Is the pre-holiday working day shortened?

Everyone loves holidays, because an extra day of rest does not hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always required. When and in what cases labor legislation 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 the norms of Art. 95, 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 enterprise works continuously by necessity or the position of a specialist does not allow reducing the duration of employment, such a stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).

    If an employee works for 6 days, the duration of the day of employment on the eve of official 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 occurs on the previous date.

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

What days are considered holidays?

Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered public holidays according to state regulations. The pre-holiday working day is determined by the Labor Code only in relation to those dates that precede those established in stat. 112. In particular, in Russia, the following days are non-working days:

    Feast of the Defenders of Our Fatherland - 23 Feb.

All existing official holidays marked in red on production calendars, and the pre-holiday day is indicated especially with an asterisk *, so that personnel officers understand exactly when the employees are entitled to concessions. When administering personnel office work on holidays and before them, please note that:

    If an officially approved holiday coincides with a day off, Saturday or Sunday should be moved to the next day of work immediately after the holiday. The exceptions are the days of the New Year holidays and Christmas, for which the government of the Russian Federation has provided a special transfer procedure.

    If employees are 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 a 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 holidays may be rescheduled in a different order 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 does not work on Sunday, the closest pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and is not subject to reduction according to the norms of the Labor Code.

How is work organized on holidays according to the labor code

By Labor Code of the Russian Federation pre-holiday working day is no different from all other days of employment, except for a reduced duration. It doesn’t matter what position a specialist works in, in which constituent entity of the Russian Federation he lives and how much experience he has, employers of all organizational and legal forms and fields of activity are obliged to comply with the requirements of labor legislation. These norms apply to both legal entities and individual entrepreneurs, provided that the latter hire employees under labor contracts.

Note! If the enterprise involves persons within the framework of civil law relations, such citizens perform the scope of work in accordance with the norms of civil, and not labor legislation. Consequently, for such individuals, a shortened pre-holiday day is not established, they themselves decide how many hours to work.

As already mentioned, a short day before the holiday is due to all employees, both working at their main job and part-time workers, as well as those who work on a part-time or shortened day. At the same time, the official reduction in the duration of employment cannot affect the procedure for settlements with personnel. That is, the employer is not entitled to reduce the amount of wages for such a reduction in the total working 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 an hourly wage system - in this case, the employee receives earnings based on the actual time of production. Therefore, a short hour will not be paid, and this is not considered a violation by the employer.

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

    At piece system wages - as well as the hourly system, this technique involves the calculation of earnings based on the actual volume of work or products produced. This means that the reduction of working hours on the pre-holiday day does not affect the amount of payment of remuneration to piecework workers.

    When employed on reduced terms or on a part-time basis, the amount of salary for a short pre-holiday day is not subject to reduction.

Note! If the organization operates continuously, and employees work as usual, that is, without shortening pre-holiday days, such employment time is recognized as overtime and is payable at least twice. 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 holiday?

The pre-holiday working day provided according to the Labor Code is noted in the report card according to special rules. But many personnel workers do not know about this and continue to put down the usual numbers 8 on such days. However, on such dates, employees work less than the prescribed employment time. For example, an employee on a 40-hour working week on the day before the holiday is only 7 hours busy. Therefore, if this fact is not indicated in the report card, the 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 appearance at 7 o'clock. If a person works on a reduced 7-hour day - 6 hours. If you work part-time for only 4 hours daily, we set 3 hours on the eve of the holiday, etc. Thus, letter designation for shortened dates before official holidays, it remains the same - “I”, and the number of hours is affixed with a decrease by 1 hour in accordance with the norms of stat. 95 TK. Salary calculation is carried out taking into account the above nuances.

To draw up or not an order to reduce the time of work in the enterprise? In principle, since this requirement is governed by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

Work on holidays - 2018

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

List of official holidays and pre-holiday days

What days are public holidays in 2018?

What days are considered short holidays in 2018?

From 01/01/18 to 01/06/18, 01/08/18

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

    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 working day on the eve of a public holiday is the norm, since such institutions are required 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 processing? First of all, remember that such actions are a violation of the requirements of the Labor Code, which means that they entail bringing to administrative responsibility according to stat. 5.27 of the Code of Administrative Offenses. Punishment under this article is provided in the form of a fine of 1000-5000 rubles. on the official, 30000-50000 rub. to legal entities. Repeated offense threatens with a fine of 10,000-20,000 rubles. for an official, 50,000-70,000 rubles. to legal entities. The full list of sanctions in

Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this rule is regulated by federal level in labor legislation and is mandatory for all enterprises without exception. How much the pre-holiday working day is reduced and in what order - our article tells about all the nuances.

What does the reduction of working hours on the eve of the holiday mean?

The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege under stat. 95 the duration of work on the eve of official holidays decreases, but the salary does not decrease. The benefit applies to all categories of specialists, namely:

    Employees assigned to a 5-day week.

    Workers employed 6 days a week.

    Specialists registered on the basis of part-time work or reduced.

    Employees included in the state as part-time employees - internal or external.

It is impossible to reduce the time of work in organizations that conduct continuous activities for justified reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but processing is compensated by one of possible ways at the choice of the individual. In accordance with Part 3 of Art. 95 Additional days off may be used or paid financial compensation, the amount of which is calculated according to the rules for calculating overtime payments. That is, a minimum of double or one and a half size, depending on which day the employee works (stat. 152, 153 of the Labor Code).

By how many hours is the pre-holiday day shortened

In part 1, stat. 95, it is determined that the reduction of the working day on pre-holiday days is carried out by 1 hour. This rule applies to all employers and employees. Even if a person performs his duties not all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered for 0.5 rates as an external part-time job. In 2017, February 23 is a public holiday, and February 22 is a shortened day. The part-time worker works 5 hours twice a week in compliance with the norms according to the stat. 284 TC. In the report card for February 22, 2017, the personnel officer will put down for such an employee not 5 hours, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be put in the column with the number of working hours on a shortened pre-holiday day. This will not be a violation and will confirm that the employer has reduced the working hours on the eve of the holiday in accordance with the requirements of labor legislation. Additionally, you will need to draw up a series personnel documents. We figured out how much shorter is the pre-holiday working day, then we will find out in what situations this rule does not apply.

When the pre-holiday day is reduced, and when not

General hours of work on holidays reduced by the employer for 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant to personnel officers and accountants, which contains data on public holidays, working hours and the number of days off / working days by month, quarter and year.

This calendar clearly shows how much shorter is the pre-holiday day- Dates are marked with asterisks. Additionally, information is displayed on postponed days off in order to increase the total duration of rest (based on the Decrees of the Government of the Russian Federation). But if one of the days off is transferred and becomes a working day, the employment time on that day is determined according to the working day schedule (stat. 95 of the Labor Code). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of 10/14/17). At the same time, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Working hours on holidays - 2018

The list of official Russian holidays is regulated by stat. 112 TK . All are listed here public holidays. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 of 10/14/17, which takes into account the postponement of certain days off. The table shows holidays and pre-holiday days for 2018 for a 5-day week.

State holidays in 2018

Shortened pre-holiday days in 2018

01/01/18-01/06/18, 01/08/18

The transfer in 2018 is provided for the following days:

    From 01/06/18 to 03/09/18 - from Saturday to Friday.

    From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

    From 04/28/18 to 04/30/18 - from Saturday to Monday.

    From 06/09/18 to 06/11/18 - from Saturday to Monday.

    From 12/29/18 to 12/31/18 - from Saturday to Monday.

Note! According to Part 4 of Art. 95 of the Labor Code with a 6-day week, the duration of the work shift on the pre-holiday date can be a maximum of 5 hours.

How a short pre-holiday day is drawn up according to the Labor Code of the Russian Federation

According to part 4 of stat. Each employer is obliged to organize reliable accounting of the time actually worked by the personnel. For this, a time sheet is used in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04), or it is allowed to draw up your own form, provided that all required details. The days of appearance in the organization are marked with the code "I" or "01", and the number of hours worked on pre-holiday days according to the Labor Code of the Russian Federation is subject to a decrease by an hour.

To issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, it is possible not to fill out such a document. If the employer decides to issue an order, this will definitely not be superfluous, as well as drawing up an announcement about the company's work schedule. How to do this, tell our separate articles. With a continuous mode of operation of the enterprise, a list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. In order to avoid labor conflicts with the personnel, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we have considered how the working day is reduced on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

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Work on the eve of the holiday in accordance with Part 1 of Art. 95 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) becomes an hour shorter. This is the so-called shortened working day. The list of holidays that are considered non-working is given in Part 1 of Art. 112 of the Labor Code of the Russian Federation. It is set for the entire territory of Russia.

Others may be provided in regulations. In particular, the provision of paragraph 7 of Art. 4 of the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations” allows government bodies declare non-working religious holidays. Such a decision is made for individual territories at the request of religious organizations. Consequently, the subjects of the Russian Federation are entitled to establish their own non-working holidays.

According to the law, in some cases, the transfer of the day off is carried out. From the norm, Part 2, Art. 112 of the Labor Code of the Russian Federation it follows that if non-working holidays coincide with days off, then the day off is transferred to the working day following the holiday. In this case, the duration of work is equal to the duration of the working day on which the day off is transferred. According to the rules, the transfer of the day off is carried out by the Government of the Russian Federation.

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Reduction of pre-holiday working day does not depend on the duration of daily and (or) weekly work. An exception to the rule includes, for example, continuous production (part 2 of article 95 of the Labor Code of the Russian Federation). At continuously operating enterprises (types of work), where it is unacceptable to reduce working time, its duration on the eve of the holiday is not reduced.

This approach is understandable, because continuous production implies a set of technological processes that cannot be stopped without significant damage to production. In fact, it is dictated by the nature of the technology.

Fact

Examples of continuous production are most often found in industry - glassworks, lime kilns, mills, pottery, etc. In addition, examples of continuous production include healthcare facilities - hospitals and clinics, as well as public transport - suburban and international.

That is why the duration of work (shift) on the eve of a non-working holiday date is not reduced for workers serving continuous production. If, due to organizational and production and technical conditions, the suspension of the work process on non-working holidays is impossible, then the duration of work on the eve of the holiday is not reduced.

Article 95 of the Labor Code of the Russian Federation approves the general rule about short holiday work day. This benefit - a reduced working day, is valid for all employees, even those who have already been determined a reduced working hours. These include minors, citizens working with dangerous (harmful) working conditions, .

Part-time employees and part-time employees are also subject to the above rule. This follows from the analysis of the provisions of Part 3 of Art. 93 of the Labor Code of the Russian Federation, as well as part 2 of Art. 287 of the Labor Code of the Russian Federation. In addition, they are subject to the transfer of the day off.

However, the duration of work is not subject to reduction if the non-working holiday is preceded by days of weekly rest. In other words, a shortened working day is not set when a non-working holiday date on work schedule preceded by a day off. This is understandable, because in such a case the working day does not go immediately before the holiday.

in continuous production and certain types jobs where it is not possible to reduce the duration of the shift in holiday day, processing is reimbursed by compensation. The employee is additionally provided with rest time or, with his consent, payment is made in accordance with the standards established for (Article 95 of the Labor Code of the Russian Federation).

Literally everyone loves pre-holiday days, but how to organize them according to the code? Work on such days, as a rule, is reduced by one hour.

What is considered a pre-holiday working day

Based on labor law standards, this day precedes the upcoming holidays, while the duration of the work shift is reduced by one hour. If reduced, then the following should be taken into account:

  1. With a continuous technological process of an enterprise or an employee’s position, which does not allow leaving the workplace, it turns out that an excessive stay at work will be paid in excess of the norm and be called processing. It may also be provided that the employee is given an additional day of rest with his consent.
  2. If an employee has to work according to a six-day schedule, then on the eve of the holidays he is given a working day, the time of which does not exceed 5 hours.
  3. If the date before the holidays falls on the calendar on a day off, then no reduction in working hours is carried out.

The organization of reduced working time is regulated by labor legislation. The normal working week is 40 hours. But if the employee works in special conditions, then this in no way affects the right to leave an hour early on the eve of the holiday.

What days are considered holidays

All holidays are official days adopted at the government level. Various corporate parties, anniversaries are not considered holidays. At the legislative level, holidays are considered:

  • New Year holidays starting on January 1 and ending on a date after January 7 or Christmas;
  • February 23 and March 8;
  • 1 and 9 May;
  • 12 June;
  • November 4th.

As a rule, on production calendars they are marked in red, and the day preceding the holiday is marked with an asterisk. So it becomes clear to the employees of the enterprise when work time shortened by one hour. In order for business to be carried out correctly, it is necessary to consider:

  1. If a holiday coincides with a holiday, you need to move the day off to the next day of work. At the same time, there are exceptions - these are the New Year and Christmas holidays, since they have their own transfer rules.
  2. Upon payment wages not according to the salary system, it turns out that work on holidays is paid separately. How to calculate the surcharge correctly is indicated in the regulatory documents.
  3. When applying the salary system, the payment is assigned in an amount not less than the basic rate.
  4. To increase productivity, days off may be postponed by decision of the government.

To do this, consider an example: January 1 is a holiday, and December 31 turned out to be a day off on the basis that you won’t have to work on Sunday anyway, then Friday will be the pre-holiday day, while the total working time will be the usual 8 hours, without a one hour cut.

Organization of work on holidays

Hours of work and pay on holidays

In fact, the pre-holiday day is practically no different from a regular working day, only its duration is one hour less. In the Russian Federation, everything should be on legal grounds and no matter in which region the enterprise is located, the employer bears for such an organization of work.

If the work is carried out under a civil law contract, then such employees determine for themselves what time they will work on the holidays. All employees at their main place of work are given a shortened day before the holiday. Reducing the length of working hours should not affect the reduction in the percentage of wages, especially if the employee works conscientiously and does not skip working hours.

Some information about payment for work on the holiday:

  1. The wage system is hourly, that is, the amount of earnings is set on the basis of the hours actually worked. That is, the unworked hour is not payable, which is not a violation on the part of the employer.
  2. If an employee does piecework work, then part-time pay does not apply, he will still get what he has earned.
  3. When working on preferential terms, that is, an established reduced day, the salary level does not decrease.
  4. If, according to the conditions of the technological process, the enterprise works without interruption, then the time of employment in excess of the reduced time will be considered processing and payment must be made at a double rate in the minimum amount.

How compensation is calculated and the list of persons who are not entitled to an additional payment for overtime are established by enterprises and recorded in regulations.

In order to avoid questions on remuneration for part-time work during the holidays, as well as on the provision of time off for excessive hours worked and other nuances, it is recommended that the enterprise develop normative document covering the solution of these issues.

Features of the organization of work under continuous regulations

When organizations need to work uninterruptedly (this area of ​​​​activity includes the supply of the population with heat, water, electricity, and much more), then their work cannot be stopped at any time of the day. For those, work is specially established on the basis of shifts.

If it is impossible to reduce the pre-holiday day by an hour, it turns out that employees have to work the entire work shift, however, an extra hour of processing will be considered overtime, and this obliges the employer:

  • pay for this time according to the established criteria;
  • provide additional rest time.

In order to determine which employee is entitled to an additional pay or a day off, it is worth issuing an administrative document in which this information will be clearly stated.

If the labor activity is carried out part-time

Part-time work on the eve of the holiday

On the basis of legislative acts, the pre-holiday working day is also provided for. The latter do not lose their rights in comparison with workers who work at a full rate.

For those who perform part-time functions, a shortened working day is also laid down in the pre-holiday time. If it is not possible to release the employee at the end of the work shift to rest, then this time must be paid by the employer.

On work on weekends and holidays in accordance with Art. 153 of the Labor Code of the Russian Federation, see this video:

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

Holiday day according to the Labor Code: concept

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 the norms, is legally reduced 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:

  1. If the enterprise works continuously by necessity or the position of a specialist does not allow reducing the duration of employment, such a stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).
  2. If an employee works for 6 days, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.
  3. If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.

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

Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered public holidays according to government regulations. The pre-holiday working day is determined by the Labor Code only in relation to those dates that precede those established in Art. 112 of the Labor Code of the Russian Federation. In particular, in Russia, the following days are non-working days:

  • New Year holidays - from 1 to 6 January and 8;
  • Christmas holiday - January 7;
  • Feast of the Defenders of our Fatherland - February 23;
  • International Women's Day - March 8;
  • Labor and Spring Day - May 1;
  • General Victory Day - May 9;
  • RF Day - June 12;
  • National Unity Day - 4 November.

All existing official holidays are marked in red on the production calendars, and the pre-holiday day is indicated with an asterisk *, so that personnel officers understand when exactly the employees are entitled to concessions.

What to consider when introducing pre-holiday days

When conducting personnel records management on holidays and the days preceding them, keep in mind that:

  1. If an officially approved holiday coincides with a day off, Saturday or Sunday should be moved to the next day of work immediately after the holiday. The exceptions are the days of the New Year holidays and Christmas, for which the government of the Russian Federation has provided a special transfer procedure.
  2. If employees are 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 a collective agreement.
  3. 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.
  4. By decision of the federal authorities, some holidays may be rescheduled in a different order in order to increase overall labor productivity.

For example, January 1, 2019 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2018 it falls on a day off, that is, Sunday. Since everyone does not work on Sunday, the closest pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and is not subject to reduction according to the norms of the Labor Code.

Key points related to payment:

  1. With an hourly wage system - in this case, the employee receives earnings based on the actual time of production. Therefore, a short hour will not be paid, and this is not considered a violation by the employer.
  2. According to the salary system of remuneration - the short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.
  3. With a piecework wage system - as well as an hourly system, this technique involves the calculation of earnings based on the actual volume of work or products produced. This means that the reduction of working hours on the pre-holiday day does not affect the amount of payment of remuneration to piecework workers.
  4. When employed on reduced terms or on a part-time basis, the amount of salary for a short pre-holiday day is not subject to reduction.

Note! If the organization operates continuously, and employees work as usual, that is, without shortening pre-holiday days, such employment time is recognized as overtime and is payable at least twice. 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.

Pre-holiday day in continuously operating organizations

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

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

Example: locksmith Ivanov I.I. employment contract an 11-hour shift (working time) has been established. His hourly payment labor is 150 rubles per hour. The work shift of Ivanov I.I. fell on 02/22/2017. It is not possible to provide him with a reduced 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). In total, 1,725 ​​rubles were credited to Ivanov I.I. for the work shift on February 22.

The pre-holiday working day provided according to the Labor Code is noted in the report card according to special rules. But many personnel workers do not know about this and continue to put down the usual numbers 8 on such days. However, on such dates, employees work less than the prescribed employment time. For example, an employee on a 40-hour working week on the day before the holiday is only 7 hours busy. Therefore, if this fact is not indicated in the report card, the 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.

To draw up or not an order to reduce the time of work in the enterprise? In principle, since this requirement is governed by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.