How to pay for the New Year holidays in 2020
The Russian Labor Code spells out general rules for how non-working days are paid, including New Year holidays in 2020. Enterprises and individual entrepreneurs also have the right to develop their own conditions and procedures for remuneration of staff on such dates, if they do not contradict federal law.
Official holidays for the Russian Federation that are non-working are fixed in Art. 112 of the Labor Code of the Russian Federation. As for the New Year holidays, in 2020 such dates will be:
- January 1-6 and New Year holidays;
- January 7 - Christmas.
The indicated days are equivalent non-working days when it is prohibited to work with Russian labor legislation (Article 113 of the Labor Code of the Russian Federation). The exception concerns urgent work necessary for the normal functioning of the enterprise: emergency loading and unloading or repair activities, continuous production cycle, public services (public transport, etc.). Management may engage staff only after the written consent of the latter. A call is admissible without written consent if required to:
- prevent or eliminate the consequences of disasters, industrial accidents;
- prevent the destruction of property or an accident;
- to perform the work necessary in a martial law / state of emergency, emergency situations and other circumstances dangerous to the life or ordinary existence of citizens (the whole country or its part).
The work on holidays for employees of the media, cinema, theater troupes, concert organizations and other representatives of creative professions is also individually determined, which is reflected in internal documents.
For all other cases, the employee may work on January holidays only on the basis of prior written consent.
Regardless of the grounds for calling for work from January 1 to January 8, 2020, it is paid at least twice (art. 153 of the Labor Code of the Russian Federation). This applies to hours actually spent performing duties on specified dates. If they account for only part of the working day, payment in double size will be exactly on the hours related to the holiday (relevant for shifts that go from one day to another).
Employers have the right to further increase the size of surcharges at their discretion (for example, three times in relation to the base rate). But the law prohibits paying staff less than double the size of the law. The conditions for payment are fixed in the internal documents of the company (collective or labor contract, local acts).
On a note! In addition to the double tariff, the employee, on his own initiative, can ask for another day of rest in return. The latter is unpaid, and the "holiday" work will be paid at the rate of a standard working day.
Proper documentation of the fact of going to work is mandatory. Requires an order from the director, the consent of the staff and signatures of each employee, confirming familiarization with the order, which indicates the reasons for the need to work on New Year's holidays in 2020 and a list of people involved in the work. Those persons who, after prior consent, will be absent from the workplace on holiday, are allowed to apply disciplinary action.
Important! If the period of remuneration falls on the days of the New Year holidays in 2020, it must be fulfilled on the eve of this period. For example, the salary for December 2019 is transferred until 12/31/2019, since the days from January 1 to January 8 will be non-working.
Features of different labor systems
Holidays in January 2020 are paid depending on the labor system used by the enterprise, its individual divisions or employees:
- On a piece-rate (time-based) system - a minimum at the double rate set for a shareholder or rate per unit of time (day / hour).
- On salary - on the basis of the standard salary, provided that, working on holidays, as a result, the working hours for January 2020 will not be exceeded (for a five-day period 136 hours previously). The calculation formula will be as follows:Payment = Salary / number of working hours for January * hours worked during the holiday
In time over the established norms - the amount of surcharge should be increased at least twice.
At the same time, for employees resting on New Year's holidays, the amount of salary for January 2020 should be equivalent to other periods, despite the fact that the month is one of the shortest in the year by the number of working days (along with May).
- With a shift schedule - at least twice the size. Moreover, if, according to the internal schedule, the shift will be on a non-working day, the right to choose time off in return does not apply. The latter are provided only for those dates that were scheduled for the weekend in the employee’s schedule, but had to go out to work on a production basis. For organizations with a shift schedule, there is no need to issue an additional work order on holidays, since the information is written in the production schedule.
The employer's refusal to pay for work on New Year's holidays according to the requirements of the law is the basis to apply for the protection of their rights to the Labor Inspectorate or the court.