How to issue an order for holidays
All All-Russian holidays are indicated in Article 112 of the Labor Code. Festive days are: 1, 2, 3, 4, 5, 7 January, 23 February, 8 March, 1 May, 9 May, 12 June, 4 November. Article 113 of the RF Customs Code strictly prohibits work on the specified dates. If, under certain circumstances, the enterprise must work to attract employees to work, all must be formalized in accordance with the requirements of the law.
In accordance with Article 259 of the Labor Code of the Russian Federation during holidays, it is impossible to attract under any circumstances: pregnant women, minor employees, if the work is not related to creativity, cinematography, videotaping, concert, circus performance, creation of creative works. All paragraphs are identified in Government Decision No. 252 and in the TC in Article 268. In these cases, minors may be brought to work.
All other employees can be recruited to work only with their written consent, and in special cases without it. Special cases include: accidents, man-made disasters, prevention of accidents, accidents, disasters, terrorist attacks, in the event of natural disasters or to prevent this, in cases where a large number of people are at risk due to work stoppage during the holidays. It is also possible to attract work if a military threat is declared, martial law is introduced and to prevent this.
For urgent work for the above reasons, you can attract only with the written consent of: women with children under three years old, single mothers and fathers with children under 5, guardians of underage children, employees who care for sick and elderly relatives.
In accordance with Article 113 of Part 6 of the TC, employees whose work is carried out on schedule in a continuous production environment, as well as public services, emergency repair shops and loading and unloading services can work on holidays.
All employees, regardless of the schedule, payment is made in double size or an additional day off is provided.
The employer is obliged to provide employees with written notice of work during the holidays. The employee must write a written consent or a written refusal to work.
Then the employer issues an order. The order should specify, for what occasion will the holiday, the articles of the TC, which guide the employer. In the text of the order, you need to write down which days are considered days off, indicate the first working day after the weekend. Then comes the name of the structural unit, the full name of all employees who are involved in the work, alternately all the days in which they will work. And also an instruction for the accounting department to pay double-rate work and the personnel department to familiarize all employees with the signature.