In January 2021, Americans will rest from the 1st to the 10th day inclusive. January 1-8 – new year’s holidays, and January 9 and 10 fall on Saturday and Sunday. How do I pay for public holidays? Will the holidays affect wages?
Weekends and public holidays
In January 2021, the holidays will last two days longer than in 2020. Approved schedule:
- 01.01. – public holiday New year. According to the Labor code of the American Federation, this day is a non-working day;
- 02.01-06.01 – – new year’s holidays, official weekends in accordance with the labor code of the American Federation;
- 07.01 – The Nativity Of Christ. Public holiday,” red day ” of the calendar;
- 08.01 – new year’s holidays;
- 09.01 – Saturday, day off;
- 10.01 – Sunday, closed.
The January norm of working time
January 2021 has 31 calendar days, including 15 working days and 16 weekends.
The norms of hours calculated in accordance with the production calendar are as follows::
- 120 hours for a 40-hour work week;
- 108 hours – at 36-hour;
- 72 hours – for a 24-hour week.
Payment for new year’s weekend
Long weekends will not affect the salaries of Americans – they will remain at the same level. This is guaranteed by article 112 of the Labor code. It says that non-working holidays in a calendar month are not grounds for reducing the employee’s salary.
That is, for officially established public holidays and new year’s holidays, employees receive a salary in the same amount as for the full month worked. The legislative norm applies only to salary payments, but how are new year’s holidays paid in the piecework system?
Deputy head of Rostrud Ivan Shklovets previously explained the procedure for settlements with employees on piecework. They are entitled to an additional monetary reward for holidays and weekends, if they were not involved in work during this period. The amount of remuneration, the procedure for its payment, and other nuances are specified in the collective agreement, employment agreement, company orders, and other internal documents. These may include surcharges, higher rates, or surcharges.
The amount of January payments should not differ significantly from payments for other calendar months. This is explained by the fact that the amount of payments should not be lower than the threshold set by the current legislation.
All expenses related to the financing and payment of additional remuneration to pieceworkers relate to the company’s remuneration expenses.
Work during the new year holidays
Working on weekends and holidays is prohibited by law (based on article 113 of the labor code of the American Federation). The exceptions are:
- Unforeseen situations when the further functioning of the enterprise depends on the urgency of work.
- Activities related to serving the basic needs of the population (passenger transport, grocery stores).
- A continuous-cycle enterprise where it is impossible to stop operations.
Calling an employee to work on a legal day off is allowed with their written consent. In some situations, the consent of the employee is not required to treat them:
- industrial accidents;
- natural disasters;
- preventing them;
- elimination of consequences.
In this case, new year’s holidays and official weekends are paid twice as much. Double payment is also provided for working on weekends. If an employee has worked only part of a holiday, they are paid hourly.
Persons receiving a salary are charged the amount of the rate if the work on a holiday was carried out within the monthly standard of working hours. These standards are specified in the production calendar.
If the work is carried out in excess of the established hourly rate, then employees on the salary receive double the daily or hourly rate in excess of the salary. The employee has the right to take a day off – in this case, the day off will be paid at the usual rate.
The application for time off is submitted in writing, so that labor disputes and disagreements do not arise in the future.
The terms of salary payment during the new year holidays are regulated by article 136 of the Labor code. It States that salary payments are made on the eve of new year’s holidays.
For the holidays of 2021, all officially employed citizens must receive money by December 31, 2020. The last day of the year is a deadline.
Vacation in January
The Labor code does not prohibit or restrict the granting of holidays during the new year and Christmas holidays. If it falls entirely or partially on non-working days of January 1-8, it is extended for the same number of calendar days. Vacation pay is paid to the employee no later than three days before the start of the vacation. If the schedule and application indicate January 1, then the deadline is December 29. Labor dispute lawyers recommend that employees indicate the start and end dates of vacation and the number of days in the application, so that in the future there will be no discrepancies on this issue and problems with the correctness of accruals and calculations.