When attracting employees to work on holidays, it is necessary to be guided by the articles of the Labor Code of the Russian Federation. It is necessary to formalize work on holidays in an appropriate way, not only by order, but also by other documents. Some categories of workers cannot be recruited to work on weekends and holidays under any circumstances.
It is necessary
- - written notification of employees about work on holidays;
- - written consent of the employee;
- - order.
All national holidays are designated in article 112 of the Labor Code. Holidays are: 1, 2, 3, 4, 5, 7 January, 23 February, 8 March, 1 May, 9 May, 12 June, 4 November. Article 113 of the Labor Code of the Russian Federation strictly prohibits working on the indicated days. If, for certain circumstances, the company must work, in order to attract employees to work, everything must be formalized in accordance with the requirements of the law.
In accordance with article 259 of the Labor Code of the Russian Federation on holidays, it is impossible to involve under any circumstances: pregnant women, underage employees, if the work is not related to creativity, cinematography, video filming, concert, circus performance, creation of creative works. All paragraphs are indicated in the Government Decision No. 252 and in the Labor Code in Article 268. In these cases, minors can be involved in work.
All other employees can be involved in work only with their written consent, and in special cases without it. Special cases include: accidents, man-made disasters, prevention of accidents, accidents, catastrophes, terrorist attacks, in the event of natural disasters or to prevent this, in cases where a large number of people are at risk due to work stoppages during the holidays. You can also be involved in work if a military threat is declared, martial law is introduced and to prevent this.
Emergency work for the above reasons can only be involved with written consent: women with children under three years old, single mothers and fathers with children under 5 years old, guardians of underage pupils, employees who take care of sick and elderly relatives.
In accordance with article 113, part 6 of the Labor Code, employees whose work is carried out according to a schedule in conditions of continuous production, as well as public service services, emergency repair shops and handling services, can work on holidays.
All employees, regardless of the work schedule, are paid double or given an additional day off.
The employer is obliged to provide employees with a written notice of work on holidays. The employee is obliged to write a written consent or a written refusal to work.
Next, the employer issues an order. The order should indicate on what occasion the holiday will be, the articles of the Labor Code, which the employer is guided by. In the text of the order, you need to write which days are considered days off, indicate the first working day after the weekend. Next is the name of the structural unit, the full name of all employees who are involved in the work, alternately all the days on which they will work. And also an instruction for the accounting department to pay for the work in double the amount and to the personnel department to familiarize all employees with signature.