How to defend your rights, if you work in a day and with no desire to pay? Read instructions on lady-magazine.com - what to do if the boss makes work on weekends and holidays.
First, the chief forces to work on weekends. And then offers to work in the office on May 1st ... Of course, there are careerists, ready to sacrifice their health and family. However, most workers become "workaholics"Willy-nilly.
Unfair bosses are different ways of obtaining money and time in their employees:
For example, when signing an employment contract orally warn of "vneurochke". Without mentioning here that according to the Law on the work at weekends salary twice, and the number of unexpected work no more than 4 hours. 2 days.
- Employers Another trick - Popular right now the contract on "irregular working day". And, despite the fact that the article 101 is writtena clear definition of irregular working day as random assignment to work, the employer makes us work weekends on a regular basis. But for occasional work should be given extra rest! In reality, however, the chief takes away even the usual weekend.
Of course, it's not just ignorance, but in the absence of such experience. When reading the rules of the Labour Code, they do not cause problems, in practice there are difficulties.
Thus, specific examples of life and their solutions.
They can be forced to work on weekends?
Making you, no one can, because it is prohibited by the Labour legislation. If you agree with the decision of the authorities, they have to wait for your written consent (Art. 113 of the Labour Code).
Without the consent of the employee, he has to work on these days:
- to eliminate or prevent industrial accidentsThreatening the life and property of the people;
- in a state of emergency (Emergency) or in the emergency period (natural disasters).
By the way, did not work, despite the above-mentioned circumstances, have the right to people with disabilities, pregnant women and women with children up to 3 years.
See also: Rights of pregnant women at work
How to calculate the payment of legitimate work at weekends and on public holidays?
As stated in article 153 of the Labour Code: overtime on a day to be paid at double the rate of - How pieceworkers and employees on a daily or hourly rate.
Employees with a monthly salary are entitled to the standard rate to the salaryIf you are working in a day without exceeding the monthly norm.
And if you have processed the monthly norm, the to double the daily or hourly rate for after hours.
- For example: If the worker receives per article 100 rubles, on weekends he should receive 200 rubles per piece.
- For example: If the employee receives 100 rub. / Hour, then the output of its work must be paid at the rate of 200 rub. / Hour.
- For example: If a person receives 20 thousand. rubles / month and worked in a day 6 hours, then expect to pay for this day to be on such algorithm: Divide the salary on the usual number of working hours per month (say 168 per hour.) and the resulting multiply by 6 (the number of extracurricular hours) and 2 . Thus, 20,000: 168 * 6 * 2 = 1428 rubles.
How to protect your rights when the chief claim to work over the weekend?
- Find the coordinates of the phone and the regional labor inspectorate. Call or come in person for a consultation.
- Correctly specify your claim - Which I have been violated your rights, and what changes you want to achieve.
- The complaint attach documents-proof violation of your rights (charters, contracts of employment, orders, house rules).
- Send the documents by letter or personally bring. In a personal meeting, make sure that the Inspector has set the date and signature on your copy. It now remains to wait and check the complaint within one month.
- Upon completion of testing inspector will make an act of and present to your employer about prescriptioneliminate violations of the Labor Code. To remedy a violation Your boss will have to report in writing to the inspector specified in the prescription period.
Is it worth it to complain, if forced to work on weekends?
It makes sense to complain in 3 cases:
- You do not want to retire, but the working conditions do not suit you. Then, when you contact the Labour InspectorateEmphasize that do not want to advertise their data. In this case, when checking the documents will be raised all the employees that will not allow you to calculate, as the author.
- You want to quit because of the abuse and threats chief. Then it is possible to operate openly - do not be afraid to defend themselves. You have nothing to lose, so you can work without risk to defend their rights.
- You got fired, but not paid or underpaid wages posited. In this case, it is necessary to apply to the tax office and get your money back.
The Labour Inspectorate has great power. For example, it may suspend the operation of the company, or apply to the court for the liquidation of the company. So do not think of "big" communications chief and shortcomings of our legal system. After completing the above steps do not cunning, You can help protect yourself and your colleagues.