Labor Code Article 95 shortened working hours. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Tell part-time employees and part-time employees working time on the pre-holiday day, which is reduced by 1 hour, do they also need to put a reduced work day by 1 hour in the report card? And if the employee works in shifts (three days later) and one of the shifts has a pre-holiday day 1 hour shorter. What should he put in the report card and how to compensate for 1 hour. And since when does it work? Thank you.

Answer

Answer to the question:

Part 1 of Article 95 of the Labor Code of the Russian Federation establishes that the length of the working day or shift immediately preceding the non-working holiday, decreases by one hour. This requirement applies to all employees, with the exception of work in continuously operating organizations.

Thus, both part-time employees and part-time employees need to reduce the pre-holiday day by one hour.

In continuously operating organizations and certain types work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime(Part 2, Article 95 of the Labor Code of the Russian Federation).

The list of industries or positions in which, due to the nature of the work, the duration of work (shift) cannot be reduced for employees on pre-holiday days, and the procedure for compensation for overtime work can be provided for in a collective or labor agreement, as well as in the local regulatory act of the organization.

For example, the duration of the daily work of an external part-time worker is four hours a day. Under article 95 Labor Code RF, the duration of the pre-holiday working day of such an employee will be equal to three hours, that is, reduced by one hour in the general manner.

Nina Kovyazina,

Deputy Director of the Department of Medical Education

and personnel policy in health care of the Ministry of Health of Russia

How to pay for holiday work

ON THE. Lenskaya, auditor

Who needs to reduce working hours by one hour

All employers are required to reduce working hours before the holiday ().

All employees need to reduce working hours by one hour on the eve of the holiday, regardless:

- on the duration of their working hours;
- working hours - a five- or six-day working week.

When can't work hours be reduced by one hour?

It is not always possible to reduce the duration of work (shift) on the eve of the holiday by one hour. For example, in continuously operating organizations and in certain types of work. In this case, work at this hour is recognized as overtime, processing is compensated ():

- or providing additional rest time;
- or (with the consent of the employee) payment according to the norms established for overtime work.

How to reflect in the report card the reduction of working time by one hour?

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

We will show how to pay for an hour of processing on a pre-holiday day, using an example.

Example 3

G.S. works at JSC Horizont. Vimov. He has a 12-hour work shift. According to the schedule, one of his work shifts from 8.00 to 20.00 fell on November 3, 2015.

Due to the continuous technological process, the employee's working hours on the pre-holiday working day cannot be reduced. According to the regulation on the remuneration of employees employed in continuous production ah on pre-holiday working days, working hours are not reduced by one hour. An hour of processing is paid according to the norms established for overtime work - in one and a half times.

Solution

Payment for the hours actually worked on November 3, 2015 is 1650 rubles. (150 rubles × 11 hours). Payment for one hour worked overtime is 225 rubles. (150 rubles × 1 hour × 1.5).

For a working pre-holiday day, the salary of G.S. Vidmov will be 1875 rubles. (1650 rubles + 225 rubles).

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

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Today we will consider the topic: "a shortened pre-holiday working day for the Labor Code of the Russian Federation" and analyze it based on examples. You can ask all questions in the comments to the article.

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According to Part 1 of Art. 95 of the Labor Code Russian Federation"the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour." The only exception is established by part 2 of the said article: “In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime."

Not everyone understands this short norm correctly. Beginners often have doubts when using it. Consider situations that arise in practice.

Employees have Saturday and Sunday days off. The holiday falls on Sunday. Do I need to reduce working hours on Friday by an hour?

In this case, the pre-holiday day is Saturday, not Friday, so there is no need to reduce working time by an hour on Friday.

The company employs workers with part-time and reduced working hours. And so on the eve of the holiday they work less than all the other workers who have normal full-time work. Do they need to reduce their working hours by an hour on the eve of the holiday?

Part 1 Art. 95 of the Labor Code of the Russian Federation establishes general rule on reducing the length of the working day or shift immediately preceding a non-working holiday. This benefit applies to all employees, including those who have already established reduced working hours, in particular employees under the age of 18, disabled people of the 1st and 2nd groups, persons employed in work with harmful and dangerous working conditions . An exception in the article is established only for continuously operating organizations and for certain types of work, where it is impossible to reduce the duration of work (shift) on a holiday day. For cases where part-time or reduced working hours are established for employees, the law does not establish such exceptions, therefore, for them, the pre-holiday working day should also be reduced by one hour.

The company has a five-day work week. From Monday to Thursday, employees work from 9:00 to 18:00, and on Friday from 9:00 to 17:00, that is, on Friday they work one hour less. If Friday falls on a public holiday, is it necessary to reduce working hours by one more hour?

It is necessary for the same reasons as in the previous case.

Thus, if a pre-holiday day falls on Friday, and on this day you have established (by internal labor regulations, employment contracts with employees) working hours from 9:00 to 17:00, then this time should be reduced by an hour, that is, employees This Friday they should work from 9:00 to 16:00.

No video.

A part-time worker (whether part-time or main worker) must work only one hour on any day of the week. And on this day of the week, the pre-holiday day falls. Does such an employee need to reduce the working time by an hour on that day?

Article 95 of the Labor Code of the Russian Federation prescribes to reduce working hours on the pre-holiday working day by an hour always, except for the cases specified in Part 2 of Art. 95 of the Labor Code of the Russian Federation (see above). If the case under consideration is not classified as an exception, then the duration of work on such a day should be reduced by an hour. That is, the employee will not work on such a day.

The employer has telecommuters and homeworkers. Do they need to reduce their working hours by an hour on the eve of the holiday?

According to part 4 of Art. 310 of the Labor Code of the Russian Federation, homeworkers are subject to labor law and other acts containing labor law norms, with the features established by the Labor Code of the Russian Federation.

According to part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are subject to labor legislation and other acts containing labor law norms, taking into account the specifics established by chapter 49.1 of the Labor Code of the Russian Federation.

Thus, the “status” of a homeworker or remote worker, in our opinion, does not give the employer the right to deprive employees of rest. And the rules of Art. 95 of the Labor Code of the Russian Federation, which prescribes to reduce the duration of work on a pre-holiday working day by an hour always, with the exception of the cases specified in Part 2 of Art. 95 of the Labor Code of the Russian Federation (see above).

A remote worker may not finish an hour earlier, but an hour later start his working day in accordance with Part 1 of Art. 312.4 of the Labor Code of the Russian Federation. Unless otherwise provided by the employment contract on remote work, the mode of working time and rest time of the remote worker is established by him at his discretion.

Employees (for example, salespeople) work in a mode with the provision of days off on a rotating schedule - from 7:00 to 15:00 (one), from 15:00 to 23:00 (another). Should the employer on the pre-holiday working day reduce the work of each of them or only the second?

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According to the requirements of the Labor Code of the Russian Federation, working hours on the eve of the holiday must be reduced by the employer by one hour. In the same way as all the requirements of the codified labor legislation, this requirement must be strictly observed throughout Russia, in all institutions that belong to the Russian Federation. But very often it happens that an organized manufacturing process.

Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Pre-holiday days (working days): duration and payment

Compensation for unused vacation: ten and a half months go for a year Upon dismissal of an employee who has worked in an organization for 11 months, he must be paid compensation for unused vacation as for a full working year (clause 28 of the Rules, approved by
NCT USSR 04/30/1930 No. 169). But sometimes these 11 months are not so worked out.

So who has the right to work without a cash register until the middle of next year?

Pre-holiday days (working days): duration and payment

Since February 1, 2002, the Labor Code (Labor Code of the Russian Federation) has been in force in all organizations on the territory of the Russian Federation. The laws prescribed in it regulate labor interactions between employers and employees. The Code is mandatory for all forms of organizations and individual entrepreneurs using hired labor. It consists of 6 parts and 13 sections. In particular, the Code defines and regulates wages, working hours and work on holiday days.

What does the Labor Code of the Russian Federation say

Article 95 of the Labor Code specifies the length of working hours (shifts) on the days preceding public non-working holidays.

Working hours on the eve of the holiday are reduced by 1 hour without reducing payment. If an enterprise (organization) cannot reduce working hours, the production process is continuous, and a sliding work schedule is used in some areas, then according to the Labor Code of the Russian Federation, the employer must compensate for processing with additional paid rest time or (with the written consent of the employee) with increased pay (as overtime) for one hour.

Holiday calendar

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

New Year holidays - from 01.01 to 06.01 and 08.01 (according to the changes made to Article 112 of the Labor Code of the Federal Law No. 35-FZ of 04.23.2012);
Christmas - 07.01;
Defender of the Fatherland Day - February 23;
International Women's Day - 08.03;
Holiday of Spring and Labor - 01.05;
Victory Day - 09.05;
Day of Russia - 12.06;
Day national unity - 04.11.

Pre-holiday days are working hours that immediately precede holidays. If there is a Saturday or Sunday before the holiday, 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 postponement of the pre-holiday day, then the duration of work at this time is reduced by one hour, because. it is considered a shortened pre-holiday day.

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

Features of the work of part-timers

The 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 for 0.1 rates) 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 time sheet he is marked with 0 working hours. Monthly payment is due in full.

Payment for "reduced" time

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

There are some nuances:

if the employee is set to employment contract payment according to a salary or at a daily tariff rate, then the shortened pre-holiday day is paid in full (excluding the shortened hour);
if the employee's work is paid at an hourly rate, then for the pre-holiday day payment will be made for the time actually worked, the "reduced" hour is not paid;
if the employee is paid on a piece-rate basis, then regardless of the day of work, payment is made for the actual amount of work;
if an employee under an employment contract works a shortened working day, then the payment for the shortened day is made according to general rules and depends on the type of payment (salary, daily rate, hourly rate or piecework wages).

If the working day cannot be shortened

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.

According to the Labor Code, overtime work is paid 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., according to an employment contract, has an 11-hour shift (working time). His hourly wage 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. The production process must not 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 reducing working hours on a pre-holiday day, the accountant should be guided by the Labor Code of the Russian Federation to pay for it. It is necessary to remember:

features of payment depend on the system of remuneration, individually prescribed in each employment contract;
All categories of workers are entitled to a pre-holiday shortened working day.

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 public holidays are 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 the salaries of employees are not paid according to 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 does not have the right to reduce overall size remuneration in the presence of 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 does not 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 - the short day before the holiday is subject to calculation in full size without any reduction in earnings.

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.

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 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 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 they 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, a 40-hour worker working week on the day before the holiday is busy only 7 hours. Therefore, if you do not indicate this fact in the report card, checking from labor inspectorate may come to the conclusion that the person overworked, and the employer violated the requirements of the law. How to avoid problems?

What working days are declared short in 2018?

The duration of the working day on the eve of the holidays is established by the Labor Code of the Russian Federation. Its 95th article reads as follows:

The working day of the staff is “cut” by 60 minutes if it is immediately followed by a public holiday from the list given in Art. 122 of the Labor Code of the Russian Federation.
If there is a weekend between the working date and the holiday, the shift is not reduced.
If the firm's activity is classified as continuous production, the shift is not reduced. Employees who remain for an “extra” hour are entitled to compensation according to the overtime norms.
If the staff of the enterprise works on a six-day schedule, the maximum duration of the pre-holiday shift is 5 hours.

A short day is established before religious regional holidays, declared as such by the decision of the authorities of the constituent entities of the Russian Federation and prescribed in the laws adopted by their parliaments.

In addition to public holidays in Russia, there are other solemn dates - Easter, Teacher's Day, Cosmonautics Day, etc. They are not named in Art. 122 of the Labor Code of the Russian Federation and are workers, and therefore the labor shift in front of them cannot be reduced.

If in a commercial structure Friday is declared a shortened day (for example, due to a lunch reduced by 15 minutes), on the eve of the holiday, management is obliged to make it shorter by another hour. For example, people employed under the conditions of a standard five-day work will work not 8, but 6 hours.

To whom does the rule of law apply?

Art. 95 does not stipulate exceptions related to the peculiarities of the employee's work schedule. A shortened pre-holiday working day is established for the following categories of specialists:

employed full time;
part-time workers (for example, pregnant women, employees caring for seriously ill relatives or disabled children, etc.);
part-time workers, regardless of the rate;
working a reduced day in accordance with the provisions of the Labor Code of the Russian Federation (employees of hazardous and hazardous industries, persons under the age of 18, women in countryside, teachers, educators, etc.).

The Labor Code of the Russian Federation states that part-time workers and persons working part-time do not lose the rights and privileges inherent in their colleagues with a standard schedule. This also applies to shortened days on the eve of the holiday.

Previously, specialists working in conditions of a shortened day could not qualify for a short pre-holiday shift. This was prescribed by the Labor Code, but its effect ceased in 2002. Today, the Labor Code of the Russian Federation is relevant, which does not make an exception for this category of persons.

A special case is employees working in the organization at 1/8 of the rate or less. The duration of their standard labor day does not exceed one hour. Based on the provisions of Art. 95 of the Labor Code of the Russian Federation, on the eve of the holiday, these specialists have the right not to be at work. If they are employed on a salary, then the absence will not affect the size of the monthly salary: the employing company will transfer it in the usual, not reduced amount.

Exception to the legal rule

In Art. 95 of the Labor Code of the Russian Federation states that the rule on the reduction of working hours on the holiday does not apply to employees of continuous production. These include enterprises, the functioning of which cannot be stopped without significant economic damage, and structures serving the population (ambulance, fire service, Ministry of Emergency Situations, etc.).

The change of specialists of such organizations does not decrease, they stay for an “extra” hour at work. For him, they are entitled to one of two privileges:

additional rest time later;
half wages.

The current legislation does not contain specific terms for the payment of compensation for processing on holidays. When and how unscheduled rest time is allocated - it is prescribed in local acts firms, drawn up taking into account the provisions of the Labor Code of the Russian Federation.

Additional rest is recognized by law as a more preferable compensation than monetary compensation. The latter can only be paid if there is written consent specialist. What should companies do that, due to the nature of technological process Can't cut shifts for workers?

decreases by one hour».

like overtime.

Time tracking and timesheet

reduced working hours

Why an hour shorter?

Shortened working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

January 7th - Christmas;
The first of May is Labor Day;
May 9 - Victory Day;

If before a holiday, working and non-working days are replaced (for example, any day of the working week and Saturday are replaced), then the working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself.
If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

It is not uncommon when an accountant, paying this or that amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Does it count for tax purposes?

New edition Art. 95 of the Labor Code of the Russian Federation

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

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

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as Day medical worker, Trade Worker's Day, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the duration of the working day (shift) is reduced by one hour, both with a 5-day and a 6-day working week.

At the same time, such a reduction is made not only in relation to employees with normal working hours, but also in relation to employees with reduced working hours.

Due to the fact that the duration of work with a 40-hour working week is subject to reduction by one hour, on the eve of holidays (non-working) days, the day before the day off is not reduced if the holiday is preceded by one or two days off.

For example, if the holiday falls on Sunday, and the organization has a 5-day working week, then the working day on Friday is not reduced, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day on which the day off is transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 ).

With a 5-day working week, the weekly norm of time is distributed according to the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of the weekend, as is provided for the 6-day work week.

If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on the pre-holiday day, processing should be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the manner of overtime work.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime.

Another commentary on Art. 95 of the Labor Code of the Russian Federation

1. Non-working holidays are defined by Art. 112 of the Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the length of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for employees with normal working hours and for those who work under reduced working hours, regardless of the reason for its reduction.

3. If a non-working holiday follows a day off, then the working day preceding this day off is not subject to reduction.

How to shorten the pre-holiday day when working in shifts?

If the week falls on a pre-holiday day, the working hours for that week are adjusted accordingly. This rule applies to both the five-day and six-day working weeks.

5. The main form of compensation for processing on the eve of the holiday in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift), is to provide the employee with additional rest time. Replacing it with payment according to the norms established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overtime, caused by the impossibility in continuously operating organizations and in certain types of work to reduce the duration of work (shift) on the holiday day, the law does not determine how long compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be provided for in the shift schedule. If in the organization this issue is not settled by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties.

Issues of working hours on holidays are regulated by Art. 95 of the Labor Code of the Russian Federation, the main provision of which sounds very simple: “The length of the working day or shift immediately preceding a non-working holiday, decreases by one hour».

There can be no double interpretations here, everything is very clear. This provision applies to all employees without exception, including those working for part-time, part-time or already reduced time (for example, disabled people or teenagers under the age of 18).

Article 95 of the Labor Code also contains a clarification regarding continuous production, where work is performed constantly, including on holidays. In such cases, this hour treated as recycling and is compensated accordingly by the provision at another time or, with the consent of the employee - additional payment, like overtime.

Based on the above provisions, the issue is also resolved in various specific cases, for example, on a shift, where the summarized accounting of working hours is applied. If production is not continuous, then the working shift on the pre-holiday day must be reduced by one hour. Otherwise, the shift on pre-holiday days continues as usual, and the prescribed hour of rest is added to the rest between shifts, or is additionally paid.

As for sick leave, vacation pay, etc., the shortened hour in question does not affect them at all, since, for example, sick leave is calculated based on earnings for the previous two years, divided by 730, and does not take into account any specific days. Similar situation and with vacation pay.

Time tracking and timesheet

Certain difficulties arise in the timesheet of employees working part-time part-time, for which, according to Art. 285 of the Labor Code, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that the shortened pre-holiday day is still considered a working day, and wage for that day should be complete. Therefore, despite the working day reduced by one hour, it is recommended to set the usual time sheet for this employee norm of hours (Zarplata magazine, No. 5, 2008).

Work on holiday days according to the Labor Code

Who doesn't love holidays? Everyone loves. If only because the majority of Russians do not work on officially established holidays. And work on the eve of the holiday according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a day off, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All non-working holidays are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). professional, corporate holidays etc. are not official holidays and cannot be non-working days in accordance with labor laws.

Work on holiday

There are no exceptions to the rule on the length of the pre-holiday working day in the Labor Code. This means that according to the Labor Code, pre-holiday work should be reduced by an hour not only for those employees who work 40 hours a week, which forms the normal working hours (Article 91 of the Labor Code of the Russian Federation), but also for persons who spend less time to work. Including those who have:

reduced working hours

Labor legislation establishes certain privileges for working citizens. One of them is the reduction of the pre-holiday day. There is no law on the pre-holiday day an hour shorter. This privilege is regulated by the Labor Code, Article ninety-fifth.

The Labor Code clearly states that the duration of work on all days immediately before holidays must be reduced by one hour. In some organizations in which it is not possible to reduce the working day, processing is compensated with additional rest or monetary compensation.

In organizations where a six-day work week is established, the duration of work on a pre-holiday day should be no more than five hours.

Why an hour shorter?

Some citizens are wondering why the pre-holiday day is an hour shorter? The government introduced this privilege so that working citizens can best plan and spend weekends and holidays.

The employer extends the shortened day - what to do?

In some cases, the employer cannot shorten the pre-holiday day for his employees. This may be due to the continuous cycle of production or the type of activity of the company. In order to find out how compensation for overtime is processed on holiday days, you need to refer to the provisions of the Labor Code on the holiday day one hour shorter:

Work without shortening the pre-holiday day will be overtime work.
Reduction of working hours on holidays

In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. Also, there is an option with monetary compensation. However, this option can only be used with the written consent of the employee.
A working citizen can take advantage of additional rest for processing on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
The employer has the full right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation should be reflected in the internal acts of the company.
The Labor Code does not establish any restrictions on the periods when extra work can be provided. relaxation. In this regard, each organization must independently establish these periods in internal regulatory papers.
If directors of companies do not provide their employees with any compensation for not reducing the pre-holiday day by 1 hour, the director can receive administrative responsibility. It is even possible to suspend the activities of the entire organization.
Compensation is made with the consent of the employee, but not at his will. He cannot independently choose what compensation to receive - in the form of additional. rest or in the form of payment. The employer takes the initiative, and the employee decides whether to agree with him or not.
The working citizen needs to know that monetary compensation overtime is paid at half the rate.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

Questions about working time regimes are defined in the Labor Code. The working regime on the pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day must be reduced by one hour.

According to the legislation, a shortened pre-holiday day is recognized:

That working day that goes before the public holidays of Russia.
It should be understood that only those holidays that are prescribed in the Labor Code, in Article 112 are recognized as public holidays. Such holidays are:

From the first to the fifth of January - the celebration of the New Year;
January 7th - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
The first of May is Labor Day;
May 9 - Victory Day;
June 12 - Independence Day of Russia;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on the eve of the holiday according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be reduced must go right before the public holiday. If the holiday fell on a Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
The work shift on the pre-holiday working day is reduced for absolutely all employees: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work part-time or part-time.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

Not in all organizations, employers have the opportunity to shorten the duration of the pre-holiday working day for their employees. The Labor Code, in this regard, provides that the working day may not decrease. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the obligations he performs. All directors of companies must draw up a list of positions in which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the length of the pre-holiday day are required to compensate for this. Compensation is carried out in the form of a cash payment for the processed time or in the form of the provision of additional. rest on other days.

Pre-holiday one hour shorter

Everyone knows that the pre-holiday day is an hour shorter. Legislators fixed this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It also applies to those employees who have a normal working time of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have reduced or part-time working hours. After all, the Labor Code of the Russian Federation does not provide for any exceptions for such categories of workers.

The norm of working hours in the week on which the pre-holiday day fell must be adjusted (due to the reduction of the pre-holiday day by 1 hour). And regardless of whether the organization works on a five-day or six-day working week.

Since the norm of working time is determined taking into account the fact that the pre-holiday day is one hour shorter (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n), this does not lead to a decrease in wages for salaries.

If the holiday is established by the law of the subject of the Russian Federation

In turn, an organization operating in a given region is obliged to comply with the requirements contained in legal acts subject of the Russian Federation. And if a non-working day was established in the region in connection with a religious holiday, then the employer does not have the right to force his employees to work on this day. He can involve workers in work under such circumstances only in exceptional cases (

There can be no double interpretations here, everything is very clear. This provision applies to all employees, without exception, including those working part-time, part-time or on an already reduced time (for example, disabled people or teenagers under the age of 18).

Holiday pay according to the Labor Code

Time tracking and timesheet

Certain difficulties arise in the timesheet of employees working part-time part-time, for which, according to Art. 285 of the Labor Code, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that the shortened pre-holiday day is still considered a working day, and wages for this day must be full. Therefore, despite the working day reduced by one hour, it is recommended to set the normal hourly rate for this employee in the time sheet (Zarplata magazine, No. 5 for 2008).

Work on holiday days according to the Labor Code

Who doesn't love holidays? Everyone loves. If only because the majority of Russians do not work on officially established holidays.

Labor Code of the Russian Federation: shortened pre-holiday working day

And work on the eve of the holiday according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a day off, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All non-working holidays are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Professional, corporate holidays, etc. are not official holidays and cannot be non-working days in accordance with labor laws.

Work on holiday

reduced working hours

In organizations where a six-day work week is established, the duration of work on a pre-holiday day should be no more than five hours.

Why an hour shorter?

Some citizens are wondering why the pre-holiday day is an hour shorter? The government introduced this privilege so that working citizens can best plan and spend weekends and holidays.

The employer extends the shortened day - what to do?

Work without shortening the pre-holiday day will be overtime work. In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. Also, there is an option with monetary compensation. However, this option can only be used with the written consent of the employee.
A working citizen can take advantage of additional rest for processing on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
The employer has the full right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation should be reflected in the internal acts of the company.
The Labor Code does not establish any restrictions on the periods when extra work can be provided. relaxation. In this regard, each organization must independently establish these periods in internal regulatory papers.
If directors of companies do not provide their employees with any compensation for not reducing the pre-holiday day by 1 hour, the director may receive administrative responsibility. It is even possible to suspend the activities of the entire organization.
Compensation is made with the consent of the employee, but not at his will. He cannot independently choose what compensation to receive - in the form of additional. rest or in the form of payment. The employer takes the initiative, and the employee decides whether to agree with him or not.
A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

According to the legislation, a shortened pre-holiday day is recognized:

That working day that goes before the public holidays of Russia.
It should be understood that only those holidays that are prescribed in the Labor Code, in Article 112 are recognized as public holidays. Such holidays are:

From the first to the fifth of January - the celebration of the New Year;
January 7th - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
The first of May is Labor Day;
May 9 - Victory Day;
June 12 - Independence Day of Russia;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on the eve of the holiday according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be reduced must go right before the public holiday. If the holiday fell on a Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
The work shift on the pre-holiday working day is reduced for absolutely all employees: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work part-time or part-time.
If before a holiday, working and non-working days are replaced (for example, any day of the working week and Saturday are replaced), then the working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

Not in all organizations, employers have the opportunity to shorten the duration of the pre-holiday working day for their employees. The Labor Code, in this regard, provides that the working day may not decrease. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order to be able not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
There are cases when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the obligations he performs. All directors of companies must draw up a list of positions in which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the length of the pre-holiday day are required to compensate for this.
Compensation is carried out in the form of a cash payment for the processed time or in the form of the provision of additional. rest on other days.

Pre-holiday one hour shorter

If the holiday is established by the law of the subject of the Russian Federation

In turn, an organization conducting activities in this region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day was established in the region in connection with a religious holiday, then the employer does not have the right to force his employees to work on this day. He can involve workers in work under such circumstances only in exceptional cases (

New edition Art. 95 of the Labor Code of the Russian Federation

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

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as the Day of the Medical Worker, the Day of the Trade Worker, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the duration of the working day (shift) is reduced by one hour, both with a 5-day and a 6-day working week.

At the same time, such a reduction is made not only in relation to employees with normal working hours, but also in relation to employees with reduced working hours.

For example, if the holiday falls on Sunday, and the organization has a 5-day working week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime.

Another commentary on Art. 95 of the Labor Code of the Russian Federation

1. Non-working holidays are defined by Art. 112 of the Labor Code of the Russian Federation.

3. If a non-working holiday follows a day off, then the working day preceding this day off is not subject to reduction.

4. If the week falls on a pre-holiday day, the working hours for that week are adjusted accordingly. This rule applies to both the five-day and six-day working weeks.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overtime, caused by the impossibility in continuously operating organizations and in certain types of work to reduce the duration of work (shift) on the holiday day, the law does not determine how long compensation should be provided in the form of additional rest time. As a rule, compensation for such overtime should be provided for in the shift schedule. If in the organization this issue is not regulated by the shift schedule or the collective agreement, then additional rest time is provided by agreement of the parties.

Labor Code Article 95 shortened working hours. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Answer

Current personnel changes

Articles and consultations 2019 on HR records management on the website www.kadrovik-praktik.ru

Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Pre-holiday days (working days): duration and payment

Pre-holiday days (working days): duration and payment

What does the Labor Code of the Russian Federation say

Holiday calendar

Features of the work of part-timers

Payment for "reduced" time

If the working day cannot be shortened

Conclusion

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

What days are considered holidays?

How is work organized on holidays according to the labor code

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

How is work done on the holiday?

What working days are declared short in 2018?

To whom does the rule of law apply?

Exception to the legal rule

Time tracking and timesheet

Why an hour shorter?

Shortened working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

Commentary on Article 95 of the Labor Code of the Russian Federation

Another commentary on Art. 95 of the Labor Code of the Russian Federation

How to shorten the pre-holiday day when working in shifts?

Time tracking and timesheet

Work on holiday days according to the Labor Code

Work on holiday

Why an hour shorter?

The employer extends the shortened day - what to do?

Reduction of working hours on holidays

Rules for reducing pre-holiday days

An alternative to reducing the length of the work shift

Pre-holiday one hour shorter

If the holiday is established by the law of the subject of the Russian Federation

Holiday pay according to the Labor Code

Time tracking and timesheet

Work on holiday days according to the Labor Code

Labor Code of the Russian Federation: shortened pre-holiday working day

Work on holiday

Why an hour shorter?

The employer extends the shortened day - what to do?

Rules for reducing pre-holiday days

An alternative to reducing the length of the work shift

Pre-holiday one hour shorter

If the holiday is established by the law of the subject of the Russian Federation

Commentary on Article 95 of the Labor Code of the Russian Federation

Another commentary on Art. 95 of the Labor Code of the Russian Federation