Article 153 of the Labor Code with comments

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2019-04-07 14:00:34

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Article 153 of the Labour code 2015 year has not undergone any changes. The norm stipulates the procedure for calculating s/n staff on weekends and holidays. Next, let's consider what the rules sets Article 153 of the Labour code of the Russian Federation 2016. article 153 of the labour code of the Russian Federation

Calculate

Article 153 of the Labour code establishes that the work in festive and the day off must be paid not less than double the amount. The norm defines the specific rules for certain categories of employees. In particular, the payment is made:

  1. Edelstam – not less than double rates.
  2. Staff professional activities which are paid by the hour or day to the rules – no less than the second rate.
  3. Employees who receive a salary – not less than single rate (hour/day) more than the norm. This rule shall apply if the professional activity was carried out in festive and the day off within a month of the standard time. If the work was carried out in excess of, the calculation is carried out at twice the normal rate in excess of salary. the commentary to article 153 of the labour code of the Russian Federation

The Specific quantity of salary may be provided for in the collective agreement, the local act, which is approved taking into account opinion of the trade Union or employment contract. Part 3 of article 153 of the Labor code Establishes that at the request of the employee, to carry out professional activities in holiday or weekend, it may be to stay another day. In this case, the s/n is calculated in single size. Time off not paid.

Details

Article 153 of the Labor code include media professionals, video and teleseminar teams, concert, theatres, circuses, cinematographic organizations, and other persons involved in the performance of/the creation of works in a separate category. Payment of their work on weekends and holidays may be determined on the basis of the local act, labor or collective agreement. part 3 of article 153 of the labour code of the Russian Federation

Comments on article 153 of the Labor code

The Implementation of professional work in holidays and the legislation relates to work in conditions that deviate from the normal. In accordance with the General rule, this situation is not allowed. Involving citizens in activities on weekends and holidays is carried out with their consent, in writing, if necessary, perform emergency tasks, from urgent implementation of which depends the later normal operation of the enterprise as a whole or its individual units. Article 153 of the Labor code, permitting employment of employees beyond the limits time sets for them a number of guarantees.

Exceptions

As was said above, the attraction of individuals to overtime activities carried out with their consent. However, the law specifies the cases when it is not required. In particular, it allowed the citizen engagement activities on a weekend or holiday to:

  1. Prevention or elimination of consequences of catastrophes, natural disasters, industrial accidents.
  2. Prevent damage/destruction of property of tenant, municipal/state ownership, accidents.
  3. The execution of the works, the implementation of which is caused by the introduction of a military or emergency situation, emergency measures in emergency situations, under other circumstances threatening health and life of the population or individual citizens.  article 153 of the labour code of the Russian Federation 2016

In all other situations, the employee must obtain their consent. As compensation for the use of leisure timeArticle 153 of the Labor code Provides enhanced payment.

Nuances

A holiday/non-working days is allowed to execute professional tasks, to suspend the execution of which is impossible for production and technical reasons. In particular, it is typical for continuously operating facilities. In addition, be caused by the need to provide services relating to urgent repairs, loading or unloading. Bringing to execution of the professional duties on weekends and holidays, women with dependents to three years, people with disabilities are permitted, provided that it is not contraindicated in accordance with the conclusion issued by the medical institution in the procedure established by Federal laws or other normative documents. These individualsmust be familiar signature with the right to withdraw from activities in rest days. Attracting individuals on weekends and holidays is at the disposal of the employer.

The specifics of the calculation

In the employment or collective agreement may provide for higher payment of professional activities, compared with the established 153. If the work was carried out partly in celebration, kompensiruet only those hours that were overtime hours. The legislation allows a replacement payment on the day off.

article 153 of the labour code of the Russian Federation in 2015

In this case, the employee will receive enhanced s/n. the time off will not be paid.

Conclusion

In the process of activity of the enterprise there can be various unforeseen circumstances which may require overtime to attract workers. The employer must observe the law rules. In particular, it is necessary to obtain citizens ' consent (written) for the performance of overtime work. In addition, employees shall be compensated for unused hours/days of holiday cash payouts. The law requires to carry out calculation of s/n for work on a weekend or holiday double. This requirement aims for the realization of the right of citizens to receive decent pay for their labour. St. 153 is dispositive, allowing the employee to waive compensation in exchange for another day of rest. The citizen must understand the consequences of their actions. Getting another day of rest, he loses the high payment of their professional activities carried out in weekend or holiday.


Article in other languages:

AR: https://tostpost.com/ar/the-law/16308-153.html

BE: https://tostpost.com/be/zakon/31667-153-artykul-praco-naga-kodeksa-rf-z-kamentaram.html

DE: https://tostpost.com/de/das-gesetz/31353-153-artikel-des-arbeitsgesetzbuches-mit-den-kommentaren.html

ES: https://tostpost.com/es/la-ley/31207-153-art-culo-del-c-digo-laboral-de-la-federaci-n-rusa-con-los-comentar.html

HI: https://tostpost.com/hi/the-law/17960-153.html

JA: https://tostpost.com/ja/the-law/15989-153.html

KK: https://tostpost.com/kk/za/31986-153-bap-e-bek-kodeks-n-rf-t-s-n-ktemelermen.html

PL: https://tostpost.com/pl/prawo/33052-153-artyku-kodeksu-pracy-federacji-rosyjskiej-z-komentarzami.html

PT: https://tostpost.com/pt/a-lei/32785-153-artigo-c-digo-do-trabalho-rf-de-coment-rios.html

TR: https://tostpost.com/tr/hukuk/28392-153-madde-kanunu-yorumu-ile.html

UK: https://tostpost.com/uk/zakon/32212-stattya-153-trudovogo-kodeksu-rf-z-komentaryami.html

ZH: https://tostpost.com/zh/the-law/13026-153.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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