Work on a pre-holiday day. Shorter working day

Everyone loves holidays, because an extra day of rest won’t hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always expected. When and in what cases does labor legislation allow you to go home early? Our article is devoted to this topic.

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 stat. 95, legally reduced by 1 hour. When reducing employment time, it is necessary to take into account the following features of the nature of work:

If the enterprise, by necessity, works continuously or the position of a specialist does not allow reducing the duration of employment, such 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 a 6-day shift, 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 like, let us turn to the provisions of the statute. 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly normal operating time is 40 hours maximum. And if an employee works under special conditions, for example, reduced hours (Article 92) or part-time (Article 93), or is a part-time employee, this does not in any way 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 holidays according to government regulations. The Labor Code defines the pre-holiday working day only in relation to those dates that precede those established in the statute. 112. In particular, in Russia the following days are considered non-working days:

The holiday of defenders of our fatherland is February 23.

All existing official holidays are marked in red on production calendars, and the day before the holiday is indicated especially with an asterisk *, so that personnel officers understand exactly when workers are entitled to relief. When conducting personnel records on holidays and those preceding them, keep in mind that:

If an officially approved holiday coincides with a day off, you should move Saturday or Sunday to the next day of work immediately after the holiday. The exception is the New Year holidays and Christmas, for which the Russian government has provided a special transfer procedure.

If employees are not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the enterprise’s LNA, for example, in a collective agreement.

If an employee’s salary is paid according to the salary system, the employer does not have the right to reduce the total amount of remuneration if there are public holidays in the current period.

By decision of the federal authorities, some days off may be rescheduled 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 doesn't work on Sunday, the next day before the holiday will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and cannot be reduced according to Labor Code standards.

How work is organized on pre-holiday days 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 the reduced duration. It doesn’t matter what position a specialist works in, what subject of the Russian Federation he lives in, or how much experience he has, employers of all legal forms and fields of activity are required to comply with the requirements of labor legislation. These standards apply to both legal entities and individual entrepreneurs, provided that the latter hires employees under employment contracts.

Note! If the enterprise engages persons within the framework of civil legal relations, such citizens perform the scope of work in accordance with the norms of civil, and not labor legislation. Consequently, such individuals are not given a shortened pre-holiday day; they themselves decide how many hours to work.

As already mentioned, a short day before the holiday is provided to all employees, both those working at their main job and part-time workers, as well as those who work part-time or short-time. At the same time, an official reduction in the duration of employment cannot influence the procedure for settlements with personnel. That is, the employer does not have the right to reduce the salary for such a reduction in total work time, because the person is not absent from work, but enjoys legal labor rights established by the requirements of the 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 worked. Therefore, a short hour will not be paid, and this is not considered a violation on the part of the employer.

According to the salary system of remuneration - a short day before a holiday is subject to calculation in full, without any reduction in the amount of earnings.

With a piece-rate wage system, as well as an hourly system, this technique involves calculating earnings based on the actual volume of work or products produced. This means that a reduction in working hours on a pre-holiday day does not affect the amount of remuneration paid to piece workers.

If you are employed on reduced terms or on a part-time basis, the 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 time of employment is recognized as overtime and is subject to payment at a minimum of double the amount. The exact procedure for calculating compensation and the list of positions of persons who cannot be granted shortened days before holidays are approved by the manager in the internal document flow of the enterprise.

How work is done on a pre-holiday day

The pre-holiday working day provided under the Labor Code is noted in the timesheet according to special rules. But many personnel workers do not know about this and continue to enter the usual number 8 on such days. However, on such dates, employees work less than the allotted time of employment. For example, an employee on a 40-hour work week works only 7 hours on the day before a holiday. Consequently, if this fact is not indicated on the report card, inspectors from the labor inspectorate may come to the conclusion that the person overworked and the employer violated the requirements of the law. How to avoid problems?

First of all, enter data in real time. If an employee is employed on an 8-hour day, for the pre-holiday day it is necessary to report attendance at 7 o’clock. If a person works a shortened 7-hour day - 6 hours. If you work part-time for only 4 hours every day, set it to 3 hours on the day before the holiday, etc. Thus, the letter designation for shortened dates before official holidays remains the same - “I”, and the number of hours is indicated with a decrease of 1 hour according to stat standards. 95 TK. Salaries are calculated taking into account the above nuances.

Should I draw up an order to reduce the working hours of the enterprise or not? In principle, since this requirement is regulated by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

Work on holidays - 2018

We figured out the rules for working on holidays. Since some holidays are sometimes postponed by the Government, before you start informing staff, check which dates are approved as holidays for the next year. The table below contains a list of holiday dates and pre-holiday dates for 2018 in accordance with Resolution No. 1250 of October 14, 2017.

List of official holidays and pre-holiday days

Which days are declared public holidays in 2018?	Which days are recognized as short pre-holiday days in 2018?
From 01/01/18 to 01/06/18, 01/08/18

If we look at the provisions of this Resolution, it becomes clear that the following days (weekends) have been postponed in 2018:

From 01/06/18 (Saturday) to 03/09/18 (Friday).

From 01/07/18 (Sunday) to 05/02/18 (Wednesday).

From 04/28/18 (Saturday) to 04/30/18 (Monday).

From 06/09/18 (Saturday) to 06/11/18 (Monday).

From 12/29/18 (Saturday) to 12/31/18 (Monday).

If the employer does not give a short pre-holiday day

In some organizations, shortening the working day on the eve of an official holiday is the norm, since such institutions are obliged to ensure continuous work. What an employer should do in this case is described above, but this will not be a violation of the labor legislation of the Russian Federation.

What should the employees of those companies do, whose administration does not want to hear anything about people going on vacation an hour earlier, and also does not pay overtime for overtime? First of all, remember that such actions are a violation of the requirements of the Labor Code, and therefore entail administrative liability under the statute. 5.27 Code of Administrative Offences. Punishment under this article is provided in the form of a fine of 1000-5000 rubles. per official, 30,000-50,000 rubles. to legal entities. Repeated offenses result in a fine of 10,000-20,000 rubles. per official, 50,000-70,000 rubles. to legal entities. Full list of sanctions in

A shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding a non-working holiday. As a general rule, the length of a working day or shift on a pre-holiday day, according to labor legislation, is reduced by one hour (Article 95 of the Labor Code of the Russian Federation). And if a holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on Saturday. This is a day off in an organization that operates a five-day work week. In this regard, on the working day preceding it - December 30 - the duration of the working day, as on other days, will be 8 hours.

Please note that professional holidays such as Lawyer's Day, Trade Workers' Day, Geologist's Day, etc., are not official holidays or non-working holidays. Therefore, the duration of the working days preceding them does not decrease.

Pre-holiday day in continuously operating organizations

Not every employer can provide its employees with a shortened pre-holiday working day. We are talking about continuously operating organizations, for example, medical institutions, transport companies, etc. Employees of such organizations, as compensation for overtime on a pre-holiday day, are entitled to additional rest time or payment according to the standards established for overtime work (Article 95 of the Labor Code of the Russian Federation).

Specific positions for which there cannot be a shortened pre-holiday working day according to the labor code, as well as the procedure for compensation, are provided for in the collective agreement or labor contracts with employees.

Literally everyone loves pre-holiday days, but how to organize them correctly according to the code? Work on such days is usually reduced by one hour.

What is considered a pre-holiday working day?

Based on labor legislation standards, this day precedes the upcoming holidays, and the duration of the work shift is reduced by one hour. If you reduce , you should consider the following:

1. With a continuous technological process of the enterprise or an employee’s position, which does not allow leaving the workplace, it turns out that excessive stay at work will be paid above the norm and is called overtime. It may also be provided that the employee is given an additional day of rest with his consent.
2. If an employee has to work on a six-day schedule, then on the eve of the holidays he is given a working day, the duration of which does not exceed 5 hours.
3. If the date before the holidays falls on a weekend on the calendar, then no reduction in working hours is carried out.

The organization of shortened working hours is regulated by labor legislation. The normal working week is 40 hours. But if an employee works under special conditions, this does not in any way affect the right to leave an hour early on a holiday.

What days are considered holidays?

All holidays are official days adopted at the government level. Various corporate events and anniversaries are not considered holiday dates. At the legislative level, the following are considered holidays:

• New Year holidays starting from January 1 and ending after January 7 or Christmas;
• February 23 and March 8;
• May 1 and 9;
• 12 June;
• November 4.

As a rule, on production calendars they are marked in red, and the day preceding the holiday is marked with an asterisk. This makes it clear to the employees of the enterprise when working hours are reduced by one hour. In order for paperwork to be carried out competently, it is necessary to take into account:

1. If a holiday coincides with a holiday, you need to move the day off to the next day of work. However, there are exceptions - these are the New Year and Christmas holidays, since they have their own transfer rules.
2. When paying wages not according to the salary system, it turns out that you are paid separately for work on holidays. How to correctly calculate the surcharge is indicated in the regulatory documents.
3. When applying a salary system, payment is assigned in an amount no less than the basic rate.
4. To increase labor productivity, weekends may be postponed by government decision.

To do this, you can consider an example: January 1 is a holiday, and December 31 turned out to be a day off on the basis that in any case you won’t have to work on Sunday, then the pre-holiday day will be Friday, and the total working time will be the usual 8 hours, without reducing one hour.

The procedure for organizing work on pre-holiday days

Duration of work and payment on the pre-holiday day

In fact, the pre-holiday day is practically no different from a regular working day, only its duration is one hour shorter. In the Russian Federation, everything must be done legally and no matter in which region the enterprise is located, the employer is responsible for such organization of work.

If the work is carried out under a civil contract, then such employees determine for themselves what time they should work on holidays. All employees at their main place of work are given a shortened day before the holiday. Reducing working hours should not in any way affect the reduction in the percentage of wages, especially if the employee works conscientiously and does not miss work.

Some information about payment for work on a pre-holiday day:

1. The payment system is hourly, that is, the amount of earnings is set based on the time actually worked. That is, an unworked hour is not subject to payment, which is not a violation on the part of the employer.
2. If an employee performs work at a piece rate, then part-time pay does not apply, he will still receive what he earned.
3. When working on preferential terms, that is, an established shortened day, the salary level does not decrease.
4. If, according to the conditions of the technological process, the enterprise operates without interruption, then the time of employment in excess of the reduced time will be considered overtime and payment must be made at a double rate in the minimum amount.

How compensation is calculated and the list of persons who are not entitled to additional payment for overtime are established by enterprises and recorded in regulations.

To avoid questions regarding remuneration for part-time work during the holiday period, as well as regarding the provision of time off for excessive hours worked and other nuances, the enterprise is recommended to develop a regulatory document covering the resolution of these issues.

Features of work organization under continuous regulations

When organizations need to operate uninterruptedly (this area of ​​activity includes supplying the population with heat, water, electricity and much more), then their work cannot be stopped at any time of the day. For these, work is specially established on the basis of shifts.

If it is impossible to shorten the pre-holiday day by an hour, it turns out that employees have to work the entire work shift, however, the extra hour of overtime will be considered overtime, and this obliges the employer:

• pay for this time according to established criteria;
• provide additional rest time.

In order to determine what additional payment or day off is due to an employee, it is worth issuing an administrative document that clearly sets out this information.

If work activity is carried out part-time

Part-time work on a holiday day

Based on legislative acts, a pre-holiday working day is also provided for. The latter do not lose their rights in comparison with employees who work at the full rate.

Those performing part-time functions are also entitled to a shortened working day during the pre-holiday period. If it is not possible to allow the employee to rest at the end of the work shift, then this time must be paid for by the employer.

On working on weekends and holidays in accordance with Art. 153 of the Labor Code of the Russian Federation, watch in this video:

Form for receiving a question, write yours

The length 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 a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.

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

Comments to Art. 95 Labor Code of the Russian Federation

1. On the eve of non-working holidays established by law, working hours are reduced by 1 hour. This rule applies to all employees - subjects of labor relations. The working day is reduced by 1 hour for employees who have a 40-hour workweek, as well as for employees who have a shortened workweek. Therefore, for employees who have a shorter working week, such as a 36- or 24-hour work week, their work hours on the eve of public holidays are also reduced.

2. The duration of a pre-holiday working day or work shift is not reduced only in cases where a non-working holiday is preceded by 1 or 2 days off according to the calendar or schedule, since in this case the working day (shift) does not immediately precede a non-working holiday, as is the case indicated in the commented article.

As practice shows, collective agreements indicate a list of production facilities where, due to the conditions and nature of work in the organization, the duration of work (shift) on pre-holiday days cannot be reduced.

3. In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off is transferred.

4. If it is impossible to reduce the length of the working day on the eve of holidays and weekends, employees must be provided with additional days of rest for overtime on these days.

5. The list of industries where shortened working hours cannot be established on pre-weekends and holidays is approved by the employer in agreement with the elected trade union body and is indicated in collective agreements.

In government institutions, such lists are established by ministries in agreement with the relevant trade union bodies.

6. At certain seasonal jobs, where the provision of additional days of rest as overtime hours accumulate on pre-weekends and pre-holidays is impossible during the season, it is allowed, as an exception, to sum up such additional days for the entire season and provide them during the off-season period.

7. The law determines the maximum working hours on the eve of weekends only in relation to a 6-day working week. With such a working week on the eve of the weekend, the duration of work should not exceed 5 hours.

According to Part 1 of 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 practice, the application of this norm raises many questions among both employers and employees. Let's look at the most common of them.

Official holidays
As a general rule, the list of non-working holidays is determined by Part 1 of Art. 112 Labor Code of the Russian Federation. This list, in particular, includes:
— January 1, 2, 3, 4, 5, 6 and 8 — New Year holidays;
— January 7 — Nativity of Christ;
— February 23 — Defender of the Fatherland Day;
— March 8 — International Women's Day;
— May 1 — Spring and Labor Day;
— May 9 — Victory Day;
— June 12 — Russia Day;
— November 4 — Day of National Unity.
The above non-working holidays are established throughout the Russian Federation, which follows from Part 1 of Art. 13 of the Labor Code of the Russian Federation, according to which federal laws and other regulatory legal acts of the Russian Federation containing labor law norms are valid throughout the entire territory of the Russian Federation, unless otherwise provided in these laws and other regulatory legal acts.
According to paragraph 7 of Art. 4 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations”, at the request of religious organizations, the relevant government bodies in the Russian Federation have the right to declare religious holidays as non-working (holiday) days in the relevant territories.
Thus, in certain territories of Russia (in particular, in the constituent entities of the Russian Federation) their own non-working holidays can be introduced (Section 1 of the Recommendations of Rostrud (hereinafter referred to as the Recommendations), approved by the Protocol of 06/02/2014 N 1).

If the day off is postponed
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday (Part 2 of Article 112 of the Labor Code of the Russian Federation).
In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clause 1 of the Procedure for calculating the standard working time for certain calendar calendar days). time periods (month, quarter, year) depending on the established duration of working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n).
Thus, by Decree of the Government of the Russian Federation dated May 28, 2013 N 444 “On the transfer of days off in 2014,” the day off was moved from Monday, February 24, to Monday, November 3. Since the pre-holiday day of November 3 became a day off after the transfer, and the day off February 24 became a working day, the working time on this day was reduced by one hour (Explanation of the Ministry of Labor of Russia dated February 24, 2014 “On the duration of the working day on February 24, 2014”).
The rule of transferring a day off when it coincides with a holiday to the next working day also applies to regional holidays, since the legislator does not establish specific features for them and does not provide for the possibility of introducing a different procedure (Section 2 of the Recommendations).

Working hours in continuous production
In cases where a holiday is preceded by days of weekly rest, the duration of the work shift is not reduced (Explanation of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated July 12, 1967 N 6/P-18, approved by Resolution of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated July 12, 1967 N 343 /P-18). This means that the duration of a pre-holiday working day (shift) is not reduced in cases where a non-working holiday is preceded by one or two days off (according to the calendar or schedule), since in this case the working day (shift) does not immediately precede the non-working holiday . For example, if a holiday falls on a Sunday, and the last working day (shift) on the eve of the holiday is Friday, then the length of the working day (shift) on Friday cannot be reduced.
The duration of work (shift) on the eve of a non-working holiday is not reduced for employees of continuously operating organizations and persons engaged in certain types of work (Part 2 of Article 95 of the Labor Code of the Russian Federation). Thus, for employers whose work suspension on non-working holidays is impossible due to production, technical and organizational conditions, the duration of work on the day before the holiday is not reduced.

Half-holiday
Part 1 art. 95 of the Labor Code of the Russian Federation establishes a general rule on reducing the length of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers. This benefit applies to all employees, including those who have already been given reduced working hours, in particular to employees under 18 years of age, disabled people of groups I and II, persons employed in work with harmful and dangerous working conditions (Decision of the Supreme Court of the Russian Federation dated September 29, 2006 N GKPI06-963).
In relation to persons working part-time, as well as workers who work part-time, labor legislation does not establish any exceptions to this rule. According to Part 3 of Art. 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on labor rights for employees. As for part-time workers, in accordance with Part 2 of Art. 287 of the Labor Code of the Russian Federation, the guarantees provided for by labor legislation are provided to them in full, except for the cases provided for in this norm.
The duration of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of weekly and (or) daily work (Letter of the Ministry of Labor of Russia dated March 12, 2002 N 1362-VYA).
Exceptions to this rule are established in Part 2 of Art. 95 Labor Code of the Russian Federation. In particular, in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, the duration of the working day or shift on the eve of holidays is not reduced.
Thus, the rule on reducing the duration of a pre-holiday working day (shift) applies to all employees, regardless of the length of their working hours, including those working part-time (shift), shortened working day, as well as part-time workers, and depending on the length of the working week - five or six days.

How to pay for pre-holiday?
The amount of wages for work on a holiday depends on the type of remuneration. Work on a shortened pre-holiday day is paid in the following amount:
- for piece workers - in accordance with the volume of work performed;
- employees with time-based wages: daily - in the amount of the daily tariff rate (as for a fully worked day), hourly - in proportion to the time worked (for actually worked time, that is, an unworked hour is not paid);
- employees receiving a salary (official salary) - in full, since the reduction in the number of working hours on a pre-holiday day, provided for by the Labor Code of the Russian Federation, is the standard working time.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work (Part 2 of Article 95 of the Labor Code of the Russian Federation ).

What to include on the report card?
Part 4 of Art. 91 of the Labor Code of the Russian Federation establishes the employer’s obligation to keep records of the time worked by employees. For this purpose, unified forms of the working time sheet are provided (N N T-12 “Working time sheet and calculation of wages” and T-13 “Working time sheet”, approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment" (hereinafter referred to as Resolution No. 1)) (Letter of the Ministry of Labor of Russia dated May 24, 2013 N 14-1-1061).
The Instructions for the use and completion of forms of primary accounting documentation for labor accounting and payment (approved by Resolution No. 1) states that to reflect the daily working time spent per month for each employee in the timesheet, the following is allocated:
- in form N T-12 (columns 4, 6) - two lines;
- in form N T-13 (column 4) - four lines (two for each half of the month) and the corresponding number of columns (15 and 16).
In forms N N T-12 and T-13 (in columns 4, 6), the top line is used to mark the symbols (codes) of working time costs, and the bottom line is used to record the duration of worked or unworked time (in hours, minutes) according to the corresponding codes working hours spent on each date. If necessary, it is allowed to increase the number of boxes to enter additional details according to working hours.
Thus, in the time sheet, work on the day before the holiday should be marked with the letter code “I” or the digital code “01” and the actual number of hours worked should be indicated. In the case of overtime on a pre-holiday day, you can add lines to the timesheet form opposite the last name of the overworked employee and enter the letter code “C” or the digital code “04” in them, and below - the time worked by the employee in excess of the established norm (one hour).

A. Kolinko
Lawyer
Moscow