At enterprises of continuous operation and those who are engaged in serving the population, the issue of issuing employees' exit on weekends and holidays has been resolved. But even in an ordinary enterprise, sometimes it becomes necessary to go to work these days. In order to avoid any kind of labor disputes and disagreements, work on holidays and weekends must be formalized in strict accordance with the legislation and, in particular, with the Labor Code of the Russian Federation (Labor Code of the Russian Federation).
Instructions
Step 1
This issue must be resolved in advance, several days in advance, in order to correctly draw up all the necessary documents and orders. Since, according to Part 1 of Article 113 of the Labor Code, work on holidays and weekends is prohibited, it is necessary to notify the employees in advance about the need arisen, obtain their written consent and prepare a corresponding order. Such consent is not required only if the employee is involved in eliminating the consequences of an industrial accident or natural disaster, preventing an accident or damage to property, as well as in the event of a state of emergency associated with a threat to the life of the population.
Step 2
In the event that immediately on a holiday there is an unforeseen need to perform urgent work, on which the normal functioning of the enterprise depends, in accordance with Part 2 of Art. 113 of the Labor Code of the Russian Federation, the manager can only ask his employee to take his workplace.
Step 3
Pregnant women and adolescents under 18 years of age are never involved in such work. People with disabilities, mothers with young children and some other categories of workers have the right to refuse to work on holidays, the employer must notify them in writing (part 7 of article 113, part 2 and 3 of article 259 of the Labor Code of the Russian Federation). There are no restrictions on hiring other employees, but if the enterprise has a trade union committee, then its consent to hiring workers is also required. Employees who work under fixed-term employment contracts are also involved in work on weekends, after written approval.
Step 4
If such a need has arisen, write a memo with the justification of this need and a list of employees involved in the name of the head of the enterprise. Based on this note, write offers to the employee to work on a holiday, indicating what compensation the employee will receive for his work and whether he has the right to refuse this offer. Obtain written consent from all employees and prepare an order in any form. In this case, all necessary formalities will be followed.
