The Russian Labour code stipulates General rules as paid holidays, including new year celebrations in 2021. Enterprises and individual entrepreneurs have the right to establish its own conditions and procedure for remuneration at such date, unless they conflict with Federal law.
The official Russian Federation public holidays are non-working, enshrined in article 112 of the LC RF. As for the Christmas holidays, in 2021 these dates will be:
- 1-6 and 8 January – new year holidays;
- January 7 is Christmas day.
These days are equal to hours, when the Russian labor law work prohibited (article 113 labour code). Exception is made for urgent work required for the normal functioning of the enterprise: immediate loading and unloading or maintenance activities, a continuous production cycle, maintenance of the population (public transport, etc.). The user may engage staff only with the written consent of the latter. The call is valid without the written consent, if required, to:
- to prevent or eliminate the consequences of disasters, accidents;
- to prevent the destruction of property, or accident;
- to perform the work required in a state of war/emergency, emergencies, and other circumstances threat to the life or normal existence of people (whole country or parts of it).
Individually determined work also in holidays for members of the media, cinema, theatre companies, concert organizations and other representatives of creative professions, which is reflected in the internal documents.
For all other cases, the worker can run in the January holidays only with the prior written consent.
Regardless of the grounds of challenge to work in the period from 1 to 8 January 2021, it is paid at least at double rate (article 153 TK the Russian Federation). This applies to hours actually spent performing duties on the dates indicated. If they account for only a portion of the working day, the payment of double time will be exactly by hours, relevant to the festive day (important for shifts, moving from one day to another).
Employers have the right to increase the size of the bonuses at its discretion (for example, three times in relation to base rate). But to pay staff less than double the amount the law prohibits. The conditions for remuneration are fixed in the internal documents of the company (collective or labor contract, local acts).
Note! In addition to double rate the employee on their own initiative can request instead of another day of rest. The latter is unpaid, and holiday work will be charged at the standard working day.
Be sure proper documentation of the fact of going to work. Requires order of the Director, the consent of staff and signature of each employee being aware of the order, which shall state the reasons for the need to work in the new year in 2021 and the list of persons involved in the work. To those persons, who after prior consent will be absent from the workplace on a holiday, it is allowed to apply a disciplinary sanction.
Important! If the period of wage have the Christmas holidays 2021, it needs to be done before this period. For example, salary for December 2020 shall be transferred to 31.12.2020, as days 1 through January 8 will be inoperative.
The peculiarities of different systems of labour
The holidays in January 2021 will be paid according to the system of labor used in the enterprise, its divisions or employees:
- On a piece-rate (time) system – a minimum of double the fee established for the contractor or the rate per unit of time (day/hour).
- The salary – on the basis of standard salary, provided that the working public holidays, will not be exceeded in the summary of the working time rules in January 2021 (for five days pre-136 h). The formula is:Payment = Salary/number of working hours for January * hours worked in the holiday
Time in excess of established standards – the amount of the surcharge should be increased at least twice.
In addition, for employees having a rest on new year holidays, wages in January 2021 should be equivalent to other periods, despite the fact that the number of working days a month is one of the shortest in the year (along with may).
- If you change the chart – at least double. Moreover, if the internal schedule change will have on non-working day, the right to choose compensatory time off instead is not valid. The latter are available only for those dates that are in the schedule of the employee, planned the weekend, but I had to leave work due to production necessity. For organizations with shift schedule, there is no need to issue additional orders about the work during the holidays, since the information prescribed in the production schedule.
The refusal of the employer to pay for the work in the new year holidays by law is grounds to seek protection of their rights to the Labour Inspectorate or the court.