Order on work on holidays (sample)

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about being hired to work on a day off

I ORDER:

1. With written consent, engage “____” _______________20__ to work. the following employees:

Reasoned opinion of the elected trade union body in writing

The following have been familiarized with the order:

Download the document “Order on hiring people to work on a day off”

What days are public holidays?

To get an answer to this question, you should refer to Article 112 of the Labor Code of the Russian Federation, which lists non-working holidays:

• January 1-6 and January 8 (New Year holidays);
• January 7 (Christmas Day);
• February 23 (Defender of the Fatherland Day);
• March 8 (International Women's Day);
• May 1 (Spring and Labor Day);
• May 9 (Victory Day);
• June 12 (Russia Day);
• November 4 (National Unity Day).

A detailed calendar with weekends and holidays can be found here.

Order to hire someone to work on a day off

A decree (order) to hire someone to work on a day off can be drawn up in relation to several employees at once. There is no unified form of administrative document of this type; the enterprise develops it independently. On our website there is a sample and order form that you can download for your needs.

The order is drawn up on the organization’s letterhead, if it uses it. Otherwise, the header of the document must indicate the details of the organization (name, checkpoint/TIN, legal address). The document consists of the following required elements:

• titles;
• preamble. It indicates the basis for drawing up the order (for example, “in connection with production needs, on the basis of Article 113 of the Labor Code of the Russian Federation”);
• the word “I command” located centrally under the preamble, followed by a colon;
• the actual text of the order, starting with the words: “bring to work on a day off (holiday)” (for example, “Bring to work on a holiday May 1, 2023, for the entire period of the work shift from 08:00 to 20:00 an electric and gas welder of the electrical service Ivanov Ivan Ivanovich");
• applications (notification, employee consent);
• signature of the manager;
• signature of the employee, which is affixed to the order after its publication. The employee must be familiar with the order before being hired.

After signing, the information about the order is entered into the journal for registering orders for the main activity, and it is assigned a number.

Legislative norms

The main regulatory document is the Labor Code of the Russian Federation:

• Art. 113 regulates the procedure for working on holidays. It also lists situations where employees do not have the right to refuse to go to work even on such days.
• Art. 153 defines possible options for remuneration for work on holidays.
• In Art. 259, 264, 268 list categories of citizens who are prohibited from being employed on weekends;
• In Part 2 of Art. 372 states that the employer must take into account the opinion of the trade union.

The Code of Administrative Offenses of the Russian Federation establishes liability for violation of labor legislation (Article 5.27).

Constant work on weekends

In some organizations, work on weekends or holidays is permanent. They work in this mode legally, since they are engaged in such type of activity as serving the population.

Important! In continuously operating organizations, the employee's days off are recognized as days off, not Saturday and Sunday.

If an organization constantly requires employees to work on weekends, it is important that the reasons for this are always different. Since, according to labor legislation, you can be involved in such work either periodically or in exceptional situations.

The labor inspectorate may be interested in the constant work of staff on weekends, so the reasons for such exits should be different each time. For example, once - to perform urgent work, the second - when an emergency occurs, and the next - since the organization is continuously operating.

The procedure for attracting employees to work on holidays

The employer determines the list of employees who need to be involved in going to work on a holiday. Employees give their written consent to leave. This can be a statement from the employee (in any form) or a note in the notice “I agree to be hired.” Consent is not required only in special cases listed in Art. 113 Labor Code of the Russian Federation.

If there is a trade union, the employer must take into account its opinion regarding the involvement of hired personnel to work on a holiday.

The manager must issue an order on working hours on holidays. The employees listed in the order become familiar with its contents. The fact of familiarization is confirmed by a signature on the order or familiarization sheet.

The employer keeps records of non-working holidays in the timesheet in the form T-12 and T-13. Work on holidays is paid at least double, or another day is provided for rest (Article 153 of the Labor Code of the Russian Federation).

Registration of employment on a day off

Involving an employee to work on a day off is documented in an administrative document for the enterprise. However, before drawing up an order for such engagement, the employer will need to complete several steps:

1. Sending an employee a notice of the need to work on a day off. The notice must indicate the date and period for which the employee is involved (for example, from 00 hours 00 minutes to 12 hours 22 minutes on October 22, 2023).
2. Obtaining employee consent. In order not to increase the number of paper documents, as a rule, a consent column is included in the text of the notification. The employee will need to enter in the “agree” column, date and signature. The signature of the head of the trade union of the enterprise is also placed here. The notification/consent of the employee will be the basis for drawing up the order.

How to notify employees of the need to work on holidays?

The staff must be informed in advance about the upcoming work. For this purpose, a special document is used - a notification. The Labor Code does not require that this document be handed over to employees. But many employers use such a notification, since it is convenient to notify staff about the upcoming return to work on a holiday.

Labor legislation does not establish a specific deadline for serving notice. If possible, this should be done as early as possible. But if a force majeure situation arises, you can give employees a notice on the eve of the holiday.

There is no unified form of the document. It usually indicates the reason why you need to go to work on a holiday and lists specific dates. Disabled employees and women mothers with children under 3 years of age must be notified of their right to refuse such work.

Employees can write their consent to return to work directly on the notice, this will avoid unnecessary paperwork. Here you can also make a note about how exactly they want to compensate for their work on a holiday (double pay / provision of time off).

Notifying an employee about working on a day off

To properly register an employee’s work on a day off, the employer will need to do the following:

1. Notify the employee of his right not to go to work on a day off (the warning must be in writing);
2. Obtain consent from the employee to work on days off;
3. Place an order.

There are two ways to notify an employee and obtain his consent: either a separate notification is prepared, on which the employee will put his signature, or an order is immediately prepared, where the employee writes by hand: “I am familiar with the right to refuse work.”

The choice of notification option remains with the employer (Read also the article ⇒ Notification of changes to the terms of the employment contract in 2020).

How to write a work order on a holiday

The order on work on holidays, a sample of which can be found below, does not have a form approved by law. It is compiled in any form. The basis for publication is a memo to the head of the organization (about the need to go to work) and a document in which the employee expressed his consent to work outside of normal hours.

The administrative document is signed by the manager; the employee himself and the responsible persons (QA inspector, chief accountant, etc.) must familiarize themselves with it directly.

The order has the following structure:

• "A cap". Here indicate the document number and the date of its publication.
• Next, they state the basis for working on a holiday and a link to the Labor Code article.
• Main part. The text of the order indicates the full name. and the positions of employees who will have to work on a public holiday, working hours, an agreed upon compensation option, an instruction to the chief accountant to pay double for the work (if this particular compensation method was chosen). The name and details of the document that became the basis for issuing the order are also indicated here.

The order on the work schedule on holidays contains an order from the head of the organization regarding which days will be considered working days. The Labor Code of the Russian Federation requires the issuance of such an order without fail (Article 113 of the Labor Code of the Russian Federation).

An employer does not have the right to force hired personnel to work on holidays. If an employee does not want to go to work on his day off, he only needs to verbally notify his superiors about this; he does not need to sign anywhere. In this case, the employer does not have the right to impose disciplinary sanctions or threaten dismissal.

Order to work on weekends

You can issue an order to work on a weekend or holiday in any form. However, it must contain the following information:

• Full name, employee position;
• Reason for being called to work on a day off;
• Working hours (including length of the working day and breaks);
• Compensation;
• Assignment for work.

Below is a sample order for working on days off.

Order on work on days off with payment 2020 (sample)

The employer himself or a person authorized to take such actions has the right to sign the order. The employee must also sign the order. In addition to signing, he also puts the date when exactly he became familiar with the order.

The order form, developed by the organization independently, may include a place for printing, or completely abandon it. In this case, a stamp is placed on the order only if it is provided for on the form. You can put both the organization’s seal and the HR department’s seal on the order.

Providing time off for working on days off

If an employee has expressed his desire to receive time off in return for a day worked, he must notify the employer about this in advance. Preferably before that very day off. The application must be submitted in writing. You can also make a note on the order for return to work “with subsequent provision of time off.” A sample order for work on a day off for time off will help you draw up this document. Then management decides whether to agree to the employee’s conditions or not. If the latter is denied compensation for going to work on a day off in the form of an additional day of rest, he has the full right to refuse to go to work on a day off. But only if this is not an emergency situation that does not require the employee’s consent.

The employee has the right to choose the date of the day off or an additional day of rest, but he must notify management of his desire to take that particular day in advance and in the form of a statement. Upon dismissal, if the day off is not used, the employee has the right to compensation in cash.

How to notify an employee about the need to work on a day off?

In order to allow an employee to go on his legal day off, he must first be made aware of his full right to refuse to work on his day off in writing. Convey to him the need for his participation in production. Then get his consent to do this work. Then place an order. There is no need to puzzle over what an order for work on weekends looks like, a sample of which can easily be found in the accounting documentation.

On the order, the employee writes in his own hand that he is familiar with the contents and his rights, and agrees to work on days off. Or a separate notice is created on a piece of paper and signed by all workers required by production on a day off.

The main thing is that the employer has proof that the employee was notified of the need to perform his work on the day off, and gave his consent to this. If an employee does not show up for work on the scheduled day off, this will be considered absenteeism, and his signature on the order will be evidence of his guilt.

Main sections and sample

The following information is required to be reflected in the order:

• name of the organization or enterprise;
• Full names of employees and positions of those who must be present at work on days off to perform their job duties;
• the resolution itself, which begins with the phrase “I command”;
• a list of individual conditions is indicated, which can be expressed in the number of hours during which workers will be involved, the need to provide them with additional tools and materials, actions to be taken in case of early completion of the specified amount of work, etc.;
• the reasons that provoked the need to withdraw personnel - an accident, martial law, natural disaster, increased volume of work due to the influx of clients, etc.;
• form of compensation for work - payment or time off;
• the coefficient that will be calculated when compensating staff in the form of payment;
• persons who are responsible for notifying personnel, as well as those who will have to be present on the day off from management personnel;
• tasks that, in connection with such an action, will have to be performed by personnel department employees (checking timesheets) and accounting employees (calculating payment for additional hours worked by staff).

This is important to know: Protocol on an administrative offense: deadlines and rules for drawing up, sample 2020

How to make an order to work on weekends?

The legislation does not establish strict requirements for the form and content of the order, but this document must contain several mandatory points:

• Company name;
• date of document generation;
• name of the city;
• Full name of one or more employees, their positions;
• the reason for calling employees;
• dates of freelance work;
• description of the form of employee remuneration (financial compensation or additional time off);
• signatures of involved employees.

Who can be called to work on a day off?

Before drawing up an order for a non-working day, looking at a sample order for work on a day off with time off, you should find out which employee can be involved in working on a day off and which cannot.

In any case, there must be a compelling reason to send a person to work on a non-working day.

Working on weekends and holidays is not allowed for minor workers, pregnant women, disabled people and workers with small children under three years of age.

In order for an employee to be allowed to work on a day off, he must provide written consent in the form of an application and signature. The application must indicate that you agree to work, for example, on Saturday. For registration, you need a sample order to work on weekends in the Republic of Belarus. The resulting order must also include a note that the employee agrees to work on his day off and his signature.

How to obtain consent

If there are no obstacles to exit and the employee is ready to express his consent, then he can do this in several effective ways:

• Write a separate application indicating all the necessary details. It must clearly state that the employee agrees to work on days off, at what rate and for what time.
• Sign a written notice of the opportunity to refuse, drawn up on behalf of the employer.
• Right on the order to work on a day off, he puts his signature with the note “I agree to be hired to work.” The text can be worded differently, as long as it emphasizes unambiguous agreement. This is the only way the paper will be drawn up legally.

This is important to know: How to fire a disabled person of group 3 at the initiative of the employer

Reasons for going on a day off

The reasons why the law allows an employer to call an employee to work on his day off are stated in the second part of Article No. 113 of the Labor Code:

• the need to perform unforeseen urgent work;
• the need to prevent the risk of a natural or man-made disaster;
• calling an employee with his direct consent (the opinion of the trade union may be taken into account).

Some categories of citizens cannot be involved in work on holidays for medical reasons (disabled people of various groups) and family circumstances (women with children under three years of age).

Expert opinion

Irina Vasilyeva

Civil law expert

Exceptions are possible only if these employees themselves express a desire to go to work and do not use the legal right to write a written refusal (under Article 113 of the Labor Code of the Russian Federation).

When is a day off order required?

To correctly document work on a weekend, a sample order for work on weekends is required. This document is required in all cases where the production process requires workers to go out on a day that would normally be considered their day off. If the organization has a shift system and the shift falls on a weekend, then it is considered a regular working day.