Working on weekends, workers are counting on a decent payment of their labor. Employers do not always agree with them. This leads to disagreements, violation of the rights and disruption of the labor process. This article will tell how labor should be paid at the weekend.
What does the law say?
If there is anxiety about wages on weekends, you need to familiarize yourself with the Labor Code. Article 113 (Part 1) will tell that work in such a period is prohibited. But there are exceptions that are clearly prescribed. The easiest option - the worker himself expressed the desire to visit the workplace and wrote written consent. This is practiced if the unfulfilled work threatens the activities of the organization.
But even if the employee does not agree, he can be caused to work. But only in such cases:
- there was an emergency or an accident at work, it is necessary to eliminate its consequences;
- it is necessary to prevent damage or theft;
- it is necessary to normalize the vital activity of the entire population (martial law, serious disaster).
The trade union organization must control the process of calling employees in non-working days and defend their rights.
An employment contract is another document in which the nuances of the call to work on the weekend are prescribed.
Also in the workplace on weekends you can find workers:
- which work according to the Watchthe method;
- working in enterprises whose activities cannot be suspended;
- which serve the needs of the population;
- performing urgent repair work.
At the same time, the employer must compile a written order. In the future, it will serve as a basis for accrualing for labor.
How paid work on weekends?
Work on the weekend is considered not specific activities, because payment should be more than on a simple business day.
Going out to work during this period, the employee can count on such rates:
If the usual day off (Saturday, Sunday) is for the employee the usual working day according to the work schedule, he receives a fee for his work on the usual scheme.
It happens that the worker wants to receive a fee with an extra weekend. It is also possible. Then the payment is made as for the usual working day, but an additional day off appears in the work schedule.
The legislation has the right to establish minimal rates, and the employer may increase them at their own wishes.
For the same principles, payment is made if the employee was on a business trip and worked at the weekend. If during this period he traveled to a business trip, then the day off will be considered a worker and must be paid accordingly.
Illegal work on weekends: where to turn?
If the employee is forced without his consent and legal circumstances to work on weekends, he may apply to the instance and prove its right point.
It is necessary to visit the District Labor Inspectorate. You can make a call with a complaint, and it is better to personally talk to the inspector and explain the situation. An employee's actions algorithm should be like this:
- clearly formulate your claims;
- to the complaint, it is necessary to attach the evidence (collective agreement, the company's charter, the rules of the internal schedule and other);
- a written complaint is drawn up. The inspector should make a copy of this document, assure it with his signature and date, give the employee. From this point on, the inspector is obliged to find out whether the actions were illegal.
After verification, if the inspector reveal the violations, the employer is issued an act of violations of the Labor Code. He must correct these violations and inform the inspector about it in writing.
Rarely, who at least once did not work in his legal day off. At the same time, it is important to always know your rights, which you can count in terms of payment. Then such rare outputs outside the work plan will be able to earn money, not a labor service.
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