Weekend work can be legal. But for this, the employer must comply with a number of important conditions. He must not just ask or oblige the employee to go out on the day off, but must provide him with a written order.
When is it possible to engage in work on weekends
According to the labor legislation, employees can be recruited on weekends and non-working (holidays) days only if the employer has their written consent. At the same time, this can be done only in the event of any unforeseen circumstances or work that could not have been foreseen in advance, and the normal functioning of the company or its branches depends on the urgency of their implementation. These amendments were adopted in 2006. They were introduced due to the fact that earlier employers often abused their right to recruit on weekends and pre-set unrealistic deadlines or overstated targets, which forced many to go to work on weekends.
On weekends, it is possible to carry out work that could not be suspended for production reasons, otherwise it will entail some negative consequence. Among them, one can single out, for example, the need to service the population, as well as to carry out repair or loading work.
An employee always has the right to refuse to go to work on weekends, this cannot be a disciplinary offense.
It should be noted that the employee's consent to work on weekends is not always required. Article 143 of the Labor Code of the Russian Federation provides for a number of cases that are among the exceptional:
- prevention of catastrophes, accidents (fires, natural disasters, epidemics) and the implementation of work for the immediate elimination of their consequences;
- prevention of accidents;
- elimination of the causes of disruption of water supply, lighting, gas supply, transport, heating, sewerage, communications;
- provision of emergency medical care by medical personnel.
In such situations, the employee is required to work on weekends.
Features of work on weekends
This is not to say that work on weekends is an unambiguously negative phenomenon for an employee. Indeed, according to the law, such work is paid at least double the amount. Or the employee can then take a day off on any day off. In the latter case, work on the weekend is paid at a double rate, and the day off is not paid. The employee can determine the compensation option for himself. The employer does not have the right to force the employee to take time off, and not exercise his right to monetary compensation.
Even if on a weekend you had to work only an hour or two, the employee is still given a whole day off, and monetary compensation is due only for the hours worked.
An employer can hire an employee for no more than 12 days off per year. Except for special cases provided for in Article 143 of the Labor Code of the Russian Federation. And if attraction on the weekend is more likely not an exception, but a rule in the company and it is systematic, then the employer is obliged to conclude an additional. agreement to the employment contract and pay the employee for part-time work. Otherwise, the employer violates labor laws.
In case of violation of the conditions for recruiting to work on weekends, an employee at any time can apply for the protection of his rights to the labor inspection or the prosecutor's office.
