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  • November 3 is considered a short working day. How to relax on the "six days"

November 3 is considered a short working day. How to relax on the "six days"

November 4 in Russia is an official holiday. Therefore, for the majority of labor collectives, November 3 is a short working day. Let's see why employers are obliged to shorten the pre-holiday day, and what kind of schedule different workers may have before the National Unity Day.

The law requires a shorter working day

To find out whether a shortened day is November 3 and why, several articles of the Labor Code of the Russian Federation will help. According to Art. 95 of the Labor Code of the Russian Federation, managers are obliged to reduce the length of the working day on the eve of the holiday by 1 hour. And all non-working holidays are indicated in Art. 112 of the Labor Code of the Russian Federation. Since November 4, 2017, Saturday is an official day off, you can leave work early on Friday.

Although the length of the working day on November 3 has to be reduced, this should not affect the salary. According to the law, the employer is obliged to pay employees as if they had completed the pre-holiday short day in full.

Features for five-day workers

Most often, citizens who work every weekday have no question: November 3 is a shorter working day or not. For companies with a five-day period, these issues are usually agreed upon in advance. But the management has the right to reduce the pre-holiday day on November 3 at its discretion - for example, to release subordinates two hours earlier or immediately after lunch. At the same time, again, such an initiative should not be reflected in salaries - this is prohibited.

Six-day work schedule

Labor legislation is common for all organizations and their employees. Therefore, for Russians who rest one day a week, the same rules apply as for the rest. And on the eve of the celebration of national unity, they should be released earlier. And on the basis of Art. 95 of the Labor Code of the Russian Federation, they may even demand that the work duration be shortened next Saturday — this day can also be reduced, it can also be short.

As for remuneration, a short Saturday workday should also not affect payments. If 3 days the duration of work exceeds 5 hours, then this time is already considered as overtime, which should be paid at double rates. Moreover, the worker gives written consent to work in excess of the norm.

Nuances in continuous production

Those who are employed in companies with a continuous production process are unlikely to relax. The employee must work out his shift completely, regardless of whether it fell on a short pre-holiday day, holiday or holiday. Since it is impossible to stop the production cycle, there are simply no interruptions. Among those who were unlucky are employees of the railway, public transport, police, ambulance organizations, factories. But the state also took care of them. For an additional hour on Friday, you can apply for compensation, more precisely, the employer must provide it by prior arrangement with the employee.

Possibility of compensation

There are two types of compensation for those who work in shifts - material (monetary) and intangible.

Cash allows you to get double payment for processing. For example, National Unity Day is an official day off. If the change falls on him, you can ask for double payment of the time worked. Also, at the double tariff, the last minutes of the shift are paid on this Friday, when the remaining citizens are relieved of their duties.

Material - this is the provision of additional rest, which is not paid. That is, it turns out that for the hour worked before the holiday, the employee will receive the usual amount, but then he can rest longer. The same with the holiday of national unity, if the change fell on him: you can either receive double payment for it, or payment in a single amount and a day off at another time - as agreed with the employer.

Friday, November 3, 2017. Shortened day or not?

It’s a joke that there are too many holidays in Russia, they say. However, if you “go through” the number of days off in conventional France or Germany. The only thing that sets Russia apart from this background is the long New Year holidays. But let's talk about this closer to the end of December. If someone else has not looked at the production calendar for 2017, then we will notify you. November 4 is the day of national unity in Russia. And since it falls on a day off, then on Monday, November sixth, you can not go to work. At the same time, employers should remember that November 3 is an officially shortened working day in Russia. At the same time, what kind of holiday is this, the day of national unity?

National Unity Day November 4

This date replaced the day of the October Socialist Revolution, which was celebrated in the USSR on November 7. This holiday is dedicated to events that drew a line under the Time of Troubles, the Polish-Lithuanian occupation of Moscow in the 17th century. On this day in 1612, militia fighters led by Kuzma Minin and Dmitry Pozharsky finally took Kitai Gorod and the occupation fell. Many critics note that the date is "far-fetched", and in general the leadership of the Russian Federation just needed a reason to replace November 7th. But there is another opinion: this holiday is a restored date, celebrated even under Tsar Alexei Mikhailovich. In any case, it is unlikely that anyone will object to the extra free day.

Before giving an answer to the question of whether November 3 is a shorter working day or not, let's recall what exactly we will celebrate.

11/04/2017 - Day of National Unity. This holiday is relatively new, but already familiar to Russians. It was first celebrated in 2005. It replaced the Day of the Great October Socialist Revolution, which was celebrated on the 7th of the same month, but lost its relevance. Now we remember not the overthrow of the tsar by the Bolsheviks, but the liberation of Moscow from the Polish-Lithuanian invaders in 1612, and we honor the main characters of those days - Kuzma Minin and Dmitry Pozharsky.

How to relax

As always, before the holidays everyone is interested in whether the shortened day is November 3. To understand, we turn to the Labor Code. Friday 11/03/2017 precedes the holiday itself and is a working day. Therefore, by law, it is reduced by one hour from the established mode of operation. For example, for those who have a standard 8-hour work day, the shortened working day on November 3 will be 7 hours. As they say, a trifle, but nice.

November 3 is a short working day. It is pre-holiday, therefore it is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

This year, "for November", most Russians are waiting for a three-day weekend. This happened due to the fact that National Unity Day is a state holiday and, as a result, is non-working, but this year it falls on Saturday (Article 112 of the Labor Code of the Russian Federation). Therefore, the statutory day off is postponed to Monday, November 6, 2017. Please note that this rule is valid only for those who work "five days" (that is, five working days in the week from Monday to Friday).

Thus, for a 5-day working week we get:

  • 11/03/2017 - Friday, shortened working day;
  • 11/04/2017 - Saturday, National Unity Day, state holiday;
  • 11/05/2017 - Sunday, a day off;
  • 11/06/2017 - Monday, a day off, which we received due to the transfer.

On the 6th, only those who work on the “five-day day” have a rest!

How to relax on the "six days"

Since Saturday itself is labor for such workers, for them the holiday does not coincide with a legal holiday. As a result, no transfers work. Those who work “six days” will simply have a rest on Saturday, the Day of National Unity, and will also receive a shortened Friday. But on Monday you have to go to work.

For a 6-day work week, the rest schedule is as follows:

  • 11/03/2017 - Friday, shortened day;
  • 11.04.2017 - Saturday, Day of National Unity;
  • 11/05/2017 - Sunday, a usual day off;
  • 11/06/2017 - Monday, working day.

How to pay for November

Since the additional day off on Monday and the shortened day on Friday rely on the Labor Code of the Russian Federation, the salary for this month will be paid in full. Any deductions "for the holidays" are not permissible.

But if an employee had to go to work on any of the days from 11/04/2017 to 11/06/2017 (it does not matter for a full shift or for several hours), he is supposed to pay this time in an increased amount. The hourly rate in November 2017 should be considered based on the norm of 167 hours.

November 4, we celebrate a national holiday, which is called "Day of National Unity." This is an official non-working holiday (Article 112 of the Labor Code of the Russian Federation).

The holiday was established by the Federal Law “On Amendments to the Federal Law“ On the Days of Military Glory (Victory Days) of Russia ”” dated July 21, 2005 No. 98-ФЗ and was first celebrated on November 4, 2005. By tradition, rallies, processions, concerts, sporting events, etc., are organized and held on the Day of National Unity in the cities of our country.

We rest in memory of the events of 1612. At this time, the people's militia, led by K. Minin and D. Pozharsky, liberated Moscow from Polish interventionists. Historically, this holiday is associated with the end of the Time of Troubles in Russia in the XVII century.

Is the day shortened November 3, 2017

We will please all the workers. The answer to the exciting question is whether the shortened day of November 3 is positive. Now we explain in detail why.

The pre-holiday day, November 3, 2017, falls on Friday. The working day of November 3 or the shift preceding a non-working holiday should be reduced by 1 hour. This is referred to in Art. 95 Labor Code of the Russian Federation. Therefore, November 3 is a short working day with a reduced working time of 1 hour.

How to relax

So, how many days off Russians expect at the beginning of the month.

At five days

In connection with the upcoming holiday, workers in the five-day regime will be given short vacations consisting of three days of rest. They will last from 4 to 6 numbers inclusive. Since this year's holiday falls on Saturday, the day off will be rescheduled for Monday. That is, on November 6th.

With a six-day work week

It is worth noting that quite a lot of citizens work during a six-day working week. How do they rest? Those who work on one weekend do not have to count on an extra day of rest on Monday. The fact is that the transfer is used when planning the working hours of employees who have a five-day day with days off on Saturday and Sunday and for which the transferred day is a working day.

Salary

According to the Labor Code of the Russian Federation, all employees have the right to rest on weekends and non-working holidays. Moreover, the law explicitly prohibits work on such days. And only in exceptional cases, the employer can attract employees to work. According to Art. 153 of the Labor Code of the Russian Federation, work on such days provides for increased payment - at least in double size. It is also necessary to comply with the procedure for attracting an employee to work. This can only be done with his consent. At the same time, it is not allowed to involve in work on holidays even with the consent of:

  • pregnant women;
  • employees under 18 years old. An exception is made for athletes and creative workers.

At the request of the person who went to work on a weekend or holiday, the employer can provide him with rest on another day. In this case, work on a weekend or non-working holiday will be paid in a single amount, and the day of rest is not paid.

The production calendar for 2016 shows the norm of working hours for months, quarters and 2016 as a whole at 40-, 36- and 24-hour working weeks, as well as the number of working days and days off for a five-day working week with two days off.

According to Article 112 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) (as amended by the Federal Law of 04.23.12 No. 35-FZ) non-working holidays in the Russian Federation are:

  • January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
  • January 7 - Nativity of Christ;
  • February 23 - Defender of the Fatherland Day;
  • March 8 - International Women's Day;
  • May 1 - Holiday of Spring and Labor;
  • May 9 - Victory Day;
  • June 12 - Day of Russia;
  • November 4 - Day of National Unity.

The Labor Code of the Russian Federation established that if the weekend and non-working holidays coincide, the day off is postponed to the next day after the holiday. Thus, in 2016 the weekend is postponed:

  • sunday from May 1 to Monday May 2;
  • sunday from June 12th to Monday June 13th.

The exception is weekends coinciding with non-working holidays of January. In accordance with Art. 112 of the Labor Code of the Russian Federation, the Government of the Russian Federation has the right to transfer two days off from the number of days off coinciding with non-working January holidays to other days in the next calendar year. Decree of the Government of the Russian Federation of 09.24.15 No. 1017 “On the transfer of holidays in 2016” provides for the transfer of holidays:

  • from Saturday, January 2 to Tuesday, May 3;
  • sunday 3 January to Monday 7 March;
  • from Saturday February 20 to Monday February 22.

In accordance with the "Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week", approved by order of the Ministry of Health and Social Development of Russia dated 13.08.09 No. 588n, this norm is calculated according to the five-day settlement schedule working week with two days off on Saturday and Sunday, based on the duration of the daily work (shift):

  • at 40-hour workweek - 8 hours;
  • at a 36-hour working week - 7.2 hours;
  • with a 24-hour work week - 4.8 hours.

The duration of a working day or shift immediately preceding a non-working holiday is reduced by one hour. In 2016, such pre-holiday working days are:

  • February 20th ;
  • the 3rd of November .

The norm of working hours calculated in the indicated order applies to all modes of work and rest.

An example of calculating the norm of working time in November 2016 for a five-day working week with two days off (initial data: 21 working days, November 3, the working day is reduced by 1 hour):

  • calculation at 40-hour work week:
    (8 hours x 21 days) - 1 hour \u003d 167 hours;

  • (7.2 hours x 21 days) - 1 hour \u003d 150.2 hours;

  • (4.8 hours x 21 days) - 1 hour \u003d 99.8 hours.

In 2016, 247 business days, including 2 business days, were reduced by one hour. Calculation of the norm of working time for 2016 with a five-day working week with two days off:

  • at 40 hour workweek:
    (8 hours x 247 days - 2 hours) \u003d 1974 hours;
  • at 36-hour workweek:
    (7.2 hours x 247 days - 2 hours) \u003d 1776.4 hours;
  • at 24-hour workweek:
    (4.8 hours x 247 days - 2 hours) \u003d 1183.6 hours.