Holidays May shopping mall rf. Work on weekends according to the labor code of the Russian Federation

Introduction……………………………………………………………………..…….2

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation………...3

1.1. Peculiarities legal regulation weekends and non-working public holidays …………………………………………………...3

1.2. Cases of involving employees to work on weekends and (or) non-working holidays ……………………………….……...11

1.3. Rules for attracting and formalizing engagement to work on weekends and (or) non-working holidays ………………… 17

1.4. Pay on weekends and (or) holidays …………….20

Conclusion………………………………………………………………………….24

List of legal acts and literature…………………………...26

Introduction

According to Article 37 of the Constitution of the Russian Federation - "everyone has the right to rest", - and along with fixing the main forms of rest (weekends and holidays, paid annual leave), it guarantees the established federal law working hours.

Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. But Article 113 of the Labor Code of the Russian Federation provides for cases when the employer has the right to involve employees in work on weekends and non-working holidays. These cases are the subject of my term paper.

The purpose of writing a term paper is to conduct a comprehensive study of the legal regulation of leisure time under Russian law.

The achievement of this goal is facilitated by the solution of the following tasks:

Determination of the general theoretical provisions of weekends and non-working holidays in accordance with the Labor Code of the Russian Federation;

Analysis of the procedure for remuneration on weekends and non-working holidays;

1. Weekends and non-working holidays in accordance with the Labor Code of the Russian Federation.

1.1. Features of the legal regulation of weekends and non-working holidays.

Weekends are a form of rest time. Their hallmark is that they are provided to employees for uninterrupted rest between working days.

The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do what they wish, or, in other words, free time. international organization(ILO) drew the attention of employers in its early years to the fact that a well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of daily work, can increase productivity and output, and thus can contribute to getting the most out of the working day.

In Russian legislation, the regulator of working hours during the week is article 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.

The duration of the working week is provided for by the working hours and is established by the collective agreement or the rules of the internal work schedule organizations in accordance with the Labor Code of the Russian Federation.

Sunday is proclaimed part of the second article 111 of the Labor Code of the Russian Federation as a general day off. Moreover, the second day off with a 5-day working week is established by organizations independently in their local regulations - usually either before or after Sunday, however, other options are possible, since part two of Article 111 of the Labor Code of the Russian Federation provides that both days off, “usually ", are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time “to the extent possible”, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in the third part of Article 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide employees with days off on different days of the week in turn to each group of employees in accordance with the rules of the internal labor organization schedule.

According to article 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time may ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state. In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side labor activity, but also the level of economic development of society - in developed countries it is more, and in developing ones it is less.

The beginning of the period specified in Article 110 of the Labor Code of the Russian Federation is calculated from the moment the employee finishes work on the last day of the calendar or working week (when working according to the shift schedule), and the end, respectively, from the moment he enters work on the first day of the new calendar or working week.

By the way, it is precisely for the purposes of complying with the established standard of time for weekly rest that part three of Article 95 of the Code establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Holidays”, in others, holidays are introduced and canceled by separate acts (for each specific day), in third - holidays are established by general regulatory legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by article 112 of the Labor Code of the Russian Federation. After amendments to it by the Federal Law of December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:

Without going into an analysis of the legitimacy of these holidays from the point of view of the correspondence of the above articles of the Constitution of the Russian Federation and articles 5, 6 and 112 of the Labor Code of the Russian Federation, we note that article 112 of our main Code does not exhaust public holidays.

According to the second part of Article 112 of the Labor Code of the Russian Federation, if a non-working holiday falls on a day off, then the day off is transferred to the next working day after the holiday.

Here it is necessary to pay attention that for public holidays, which are established by the legislation of the constituent entities of the Russian Federation, the legislative acts introducing these holidays provide for a similar transfer procedure: if the day off and holidays coincide, the day off is transferred to the next working day after the holiday.

The clarification, in particular, provides that the transfer of days off coinciding with holidays is carried out in organizations that use different work and rest regimes, in which work is not performed on holidays. This equally applies to work modes with both constant days of the week fixed on the days of the week, and with sliding days of rest.

For work and rest regimes that provide for work on holidays (for example, in continuously operating organizations or related to daily public services, round-the-clock duty, etc.), this provision on the postponement of days off does not apply.

In addition to the automatic transfer of days off, part five of Article 112 of the Labor Code of the Russian Federation provides that in order to rational use employees of weekends and non-working holidays The Government of the Russian Federation has the right to transfer days off to other days. A draft resolution on such a transfer is being prepared by the Russian Ministry of Health and Social Development. The Government of the Russian Federation considers it and either accepts the proposals of the Ministry and issues a resolution, or edits them.

Non-working holidays in Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by the Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 2127);

(Part one as amended by the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27)

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article (as amended by the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, item 2127).

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization, by an employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full size (new part the third was introduced by the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27; in red. Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 2878).

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) . 2878).

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the normative legal act The Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off (as amended by Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, item 2878; Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, item 2127).

(Parts three and four are considered parts four and five, respectively, on the basis of the Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, art. 27)

How to correctly take into account holidays, in accordance with Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking into account these days - read the article.

From the article you will learn:

Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays. Holidays that are mandatory throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:

• New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
• Christmas - January 7;
• Defender of the Fatherland Day - February 23;
• International women's Day- March 8;
• Holiday of Spring and Labor - May 1;
• Victory Day - May 9;
• Russia Day - June 12;
• National Unity Day - 4 November.

How holidays are transferred that coincided with a regular weekend

If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, for this rule, legislators have established an exception: weekends that fall on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).

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In order to rationally use non-working days weekend may be transferred to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than one month before the calendar year to which it refers.

If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend other days are also possible. But for this, the condition of their official publication must be observed no later than two months before the calendar date of the established day off. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, with an indication of the relevant laws and regulations, can be found in .

Is it necessary to extend the annual leave of employees for a regional holiday

Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the whole country. However, the law grants the right to the subjects of Russia to establish additional non-working holidays, not mentioned in Art. 112 of the Labor Code of the Russian Federation.

Public authorities in a separate subject have the right to declare some regional holidays as non-working days in the event of:

1. the holiday has a religious orientation;
2. a corresponding request was received from a religious organization;
3. the decision was taken government agency subject.

For example, in Chuvash Republic by a separate act, June 24 was declared a holiday throughout the constituent entity of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 of the Labor Code of the Russian Federation.

By general rule in this case, it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar explanations are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.

Is it possible to indicate in the local act for the enterprise that only time off is provided for work on a holiday?

Labor Code of the Russian Federation in Art. 112 expressly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays, first of all, additional payment. The amount and procedure for paying the said remuneration is determined by:

• collective agreement;
• employment contract;
• local normative act adopted taking into account the opinion of the elected body of the primary trade union organization;
• agreements of the parties of social partnership.

Note! The cost of paying remuneration for non-working holidays in full is attributed to labor costs.

If the employee himself expresses a desire, work on holidays can be compensated with a day off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked in day off or public holiday.

Thus, the employer does not have the right to prescribe a provision in the local act for the enterprise that only time off is provided to employees for work on a holiday.

How is the granted time off for work on a holiday reflected in the salary of an employee

In the Labor Code of the Russian Federation, Article 112 establishes the procedure for compensating an employee for work on a holiday in the form of an additional payment. However, the employee, at will, can replace it with a day off.

Instead of increased pay, at the request of the employee, another day of rest may be provided. In this case, work on a non-working day is paid in a single amount, and the day of rest is not payable. This means that an employee who receives a salary, if they use a day of rest as compensation, does not have their salary reduced. At the same time, it is not taken into account whether the employee uses the day of rest in the current month or in subsequent ones.

Thus, time off provided for work on a holiday should be excluded from the norm of accounting for working time. IN report card this day is designated as a day off by the code "B" or the digital "26" when using unified forms No. T-12 or No. T-13.

Important! Employees working on piecework pay need to be paid extra for non-working holidays when they were not involved in the work.

On what date to dismiss an employee if the dismissal coincided with the holidays

Receiving a letter of resignation from an employee on the eve of holidays often becomes a problem for a personnel officer. After all, the date of dismissal may fall on holidays according to the Labor Code of the Russian Federation, and the employee may in principle not want to transfer it.

If the last day of any period falls on a non-working day, then its end is postponed to the next business day (Article 14 of the Labor Code of the Russian Federation). You can move the date of dismissal, which fell on a holiday or weekend, only if this day is not a working day for the employee. In practice, this situation is solved as follows. If the day of dismissal is non-working for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in the event of dismissal under a fixed-term contract and for downsizing. This rule can be extended to dismissal of one's own free will.

At the same time, the day of dismissal is the last day of work. As a result, it may turn out that you need to fire an employee on a day off for the personnel officer. At the same time, this day will be a working day for the employee. This often happens when an employee works on a rotating or shift schedule. If the day for the dismissed worker, then in order to formalize the dismissal, an employee of the personnel department is involved in work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.

HIs it necessary to pay sick leave if an employee falls ill on holidays?

In general, sick leave benefits are paid for all calendar days of sickness. At the same time, non-working holidays under article 112 of the Labor Code of calendar days Illnesses do not need to be excluded, as they are not included in the excluded periods for which benefits are not paid.

Important! If the days of illness coincided with non-working days, then sick leave must be paid on them in general order. This provision follows from part 8 of article 6, part 1 of article 9 of the Law of December 29, 2006 No. 255-FZ.

It is important for HR to keep in mind that labor law generally guarantees the maintenance of the level of remuneration of personnel not working on public holidays. Any exceptions to the general rule must be legally justified.

During the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes, which work time does not turn on.

Break times and specific duration established by the internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 109. Special breaks for heating and rest

For certain types of work, employees are provided with special breaks during working hours due to the technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

Article 110. Duration of weekly uninterrupted rest

The duration of the weekly uninterrupted rest cannot be less than 42 hours.

Article 111. Holidays

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the rules of internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 112. Non-working holidays

Non-working holidays in the Russian Federation are:

(part one as amended by Federal Law No. 201-FZ of December 29, 2004)

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

(as amended by Federal Law No. 35-FZ of April 23, 2012)

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 35-FZ of 23.04.2012)

Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidays

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for by this Code.

Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.

Engagement of creative workers of funds to work on weekends and non-working holidays mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local normative act, labor contract.

(as amended by Federal Law No. 13-FZ of February 28, 2008)

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.

Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

[Labor Code] [Chapter 18] [Article 112]

Non-working holidays in the Russian Federation are:

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday, with the exception of days off coinciding with the non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary).

For the rational use of weekends and non-working holidays by employees, days off may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.

2 comments on the entry “Article 112 of the Labor Code of the Russian Federation. Non-working holidays”

Article 112. Non-working holidays

Commentary on Article 112

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.
Subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account the national and cultural characteristics of the region. One of these holidays is January 7 - Christmas. Its fixation as a holiday throughout the country can be perceived by some as an infringement of the religious feelings of believers of other faiths, so the republics that are part of the Russian Federation may declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees freedom of religion to every citizen.
In addition to the generally established non-working holidays, there are professional holidays (Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to days off according to the calendar. If such holidays fall on working days, then exemption from work in practice is carried out on the basis of a collective agreement, an order (instruction) of the enterprise administration.
If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading operations).
In order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer days off to other days.
In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the length of the working day on which the day off is transferred (see the Procedure for calculating the norm of working hours for certain calendar periods (month, quarter, year), depending on the established working hours per week, approved by the Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n).
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RG. 2009. 7 Oct.

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and Cultural Rights of December 16, 1966, by which the states parties to the Covenant recognize the right of everyone to just favorable working conditions. These conditions include rest, leisure, reasonable restrictions on working hours and periodic holidays with pay, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for work on public holidays is also provided for in the European Social Charter (revised) adopted in Strasbourg on May 3, 1996. According to the Charter, the states that are members of the Council of Europe and signatory to the Charter, in order to ensure the effective exercise of the right to fair working conditions, undertake to establish paid holidays (clause 2, article 2, part II of the Charter).
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USSR Air Force. 1976. N 17. Art. 291.

Part 4 of the commented article enshrines the norm, which provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include such a guarantee for workers whose work is paid in other forms. It seems that in relation to employees who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or a direct agreement between the employee and the employer.
Part 5 of the commented article provides for the right of the Government of the Russian Federation to postpone weekends and non-working holidays. The normative legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is allowed provided that they are officially published no later than two months before the calendar date of the day off to be established.

Article 112. Non-working holidays

Commentary on Article 112

1. Part 1 of the commented article establishes a list of public holidays on the territory of the Russian Federation.
In order to provide each employee with the opportunity to use annually, in addition to days off, 12 non-working holidays, part 2 of the commented article provides for the rule to transfer the day off coinciding with the holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal labor regulations, coincides with a non-working holiday. With such a coincidence, the day off for the employee will be the next working day after the holiday.
The transfer of days off coinciding with non-working holidays should also be carried out in organizations that use different modes of work and rest, in which work is not performed on holidays. This equally applies to work modes both with constant days off, fixed by the days of the week, and with “sliding” days of rest.
According to established practice, in cases where the regime of work and rest provides for work on non-working holidays (continuously operating organizations or related to daily services to the population, round-the-clock duty, etc.), the rule on the postponement of days off does not apply (clarification of the Ministry of Labor of Russia dated December 29, 1992 N 65 “On some issues arising in connection with the transfer of days off coinciding with holidays " // BNA RF. 1993. N 3).
2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. At the same time, it is specifically indicated that the amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.
3. An additional guarantee is provided for employees who receive a salary (official salary). In accordance with Part 4 of Art. 112 the presence of non-working holidays in the calendar month is not a basis for reducing their wages. In other words, employees who receive a salary (official salary), wage in a calendar month is retained in full, regardless of the number of non-working holidays in that month.
4. Part 5 of the commented article grants the Government of the Russian Federation the right to transfer weekends to other days, adding them to the nearest non-working days, in order to rationally use weekends and non-working holidays by employees. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than 2 months before the calendar date of the day off to be established. This clarification allows both employees and employers to plan in advance the relevant activities related to the organization of work and leisure.
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 , approved by Decree of the Ministry of Labor of Russia of February 25, 1994 N 19 // BNA RF. 1994. N 5).