First, the boss makes you work on weekends. And then he offers to work in the office on May 1 … Of course, there are careerists who are ready to sacrifice their health and family. However, more often than not, employees turn into “workaholics” against their will.
How to prevent slavery in the 21st century? What if your employer forces you to work on your day off? The lawyer tells.
Can they be forced to work on weekends?
Nobody can force you, because it is prohibited by the Labor Law. If you agree with the decision of the authorities, then they must wait for your written consent (Article 113 of the Labor Code of the Russian Federation).
Without the consent of the employee, he must work on such days:
- to eliminate or prevent industrial accidents that threaten the life and property of people;
- in an emergency (state of emergency) or during an emergency (natural disasters).
By the way, disabled people, pregnant women and women with children under 3 years old have the right not to work, despite the above circumstances.
See also: Pregnancy Rights at Work.
Commentary by lawyer Evgeniya Primechaeva
Situation: The employer announced that the employee is being recruited on a day off.
Analysis of the situation
Involvement of employees in work on weekends should always be formalized by an advisory order or an order for the organization, with the signature of the manager with which each employee involved in work on the day off must be familiarized in writing. On this order or order, the employee can write that he is familiar with and “agree” or “disagree”. This is evidenced by article 113 of the Labor Code of the Russian Federation.
Note that the head of the department is not entitled to express consent for a subordinate employee. Consent must be expressed in person.
Also, the head of the unit cannot verbally express his order to go to work on weekends. The head of the unit (department) must inform the head of the organization that his unit (department) needs to go to work on the day off and explain the reason for this.
If the employee is against bringing him to work on the day off, and the employer insists, the employee must notify the employer in writing of his disagreement. It is enough to write “I do not agree” on the order or order to engage in work on the day off.
If the employer continues to insist, then you can appeal the actions of the employer to the State Labor Inspectorate, where you need to apply with a written application with a copy of the employment contract and other documents available: labor regulations, collective agreement, work schedule. If they are not there or the personnel department refused to provide them to the employee, then this must also be indicated in the application. The application is written in free form addressed to the head of the State Labor Inspectorate, indicating the name of the organization, person. Forcing him to go to work on weekends, other significant circumstances and reasons why he does not agree with work on weekends.
Also, the actions of the employer in the person of a specific person forcing him to go to work on a day off can be appealed to the district prosecutor’s office.
If an employee wants the state labor inspectorate or the prosecutor’s office to conduct an unscheduled inspection of compliance with labor legislation in the organization at his request, then this must also be indicated in the application.
The application can be sent by mail to Russia by registered letter with a tracking tracker or use the online reception.
It is necessary to prepare that the answer will have to wait about 1 month.
But the consent of the employee to be attracted to work on his day off is not always required. The employer has the right to involve an employee without his consent to work on a day off in the following cases:
- to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
- to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
- 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 conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases, putting under a threat to the life or normal living conditions of the entire population or part of it;
- in accordance with the procedure established by the collective agreement, the local regulatory act of the organization, the labor agreement of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons.
Also, work on non-working holidays is allowed at continuously operating enterprises carrying out the production of work, the suspension of which is impossible due to production and technical conditions, such as: work or services related to servicing the population, urgent repair (emergency services) work or loading and unloading work.
Usually, if the activities of the organization are related to the implementation of such urgent and (or) continuous work, then a shift work schedule is applied, and in this schedule work is planned in advance on holidays and the employee is aware of such a schedule and mode of work.
But in all cases, the attraction of workers to work on weekends and non-working holidays is carried out by written order of the employer, an oral order is not enough, since work on a day off carries consequences in the form of further encouragement: an increase in pay or the provision of additional days off.
In addition, you need to understand that the Labor Code of the Russian Federation is a law of direct action and is mandatory for everyone on the territory of Russia, regardless of the form of ownership of the organization, including individual entrepreneurs. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation entails a warning or the imposition of an administrative fine.
How to calculate legal pay for work on weekends and holidays?
As stated in article 153 of the Labor Code of the Russian Federation: overtime work on the day off should be paid at double the rate – both for pieceworkers and workers at a daily or hourly rate.
Employees with a monthly salary are entitled to standard salary rateif you worked on a day off without exceeding the monthly norm.
And if you overworked the monthly rate, then at double daily or hourly rate overtime.
What to do if forced to work on weekends
- Find out the phone number and coordinates of the district labor inspectorate… Call or come in person for a consultation.
- Formulate your claims correctly – where your rights were violated, and what changes you want to achieve.
- Attach proof documents to the complaint violation of your rights (statutes, employment contracts, orders, house rules).
- Send this package of documents by letter or bring it in person… When meeting in person, make sure the inspector dates and signs your copy. Now it remains to wait for the consideration of the complaint and verification within a month.
- At the end of the inspection, the inspector will draw up an act and will hand over to your employer an order to eliminate the identified violations of the Labor Code. The chief will have to report to the inspector in writing about the correction of violations within the time period specified in the order.
Is it worth complaining about being forced to work on weekends?
It makes sense to complain in 3 cases:
- You do not want to quit, but the working conditions do not suit you… Then, when contacting the labor inspectorate, emphasize that you do not want to advertise your data. In this case, during the check, the documents of all employees will be raised, which will not allow you to be identified as the author.
- You plan to quit due to abuse and threats from your boss… Then you can act openly – don’t be afraid to defend yourself. You have nothing to lose, so you can defend your rights without risking your work.
- You were fired, but not paid or did not pay the due salary. In this case, you must definitely contact the tax office and return your money.
The Labor Inspectorate has great powers. For example, she can suspend the operation of the company or go to court to liquidate the company. Therefore, you should not think about the “big” connections of the boss and the shortcomings of our legislative system.
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