What to do if the employer makes it work on the weekend – instructions for forced workaholics

How to defend your rights if you work on the day off without desire and payment? Read the instructions on Lady-Magazine.COM – what to do if the boss makes it work on weekends and holidays.

First, the boss makes it work on weekends. And then he offers to work hard in the office on May 1 … Of course, there are careerists, ready to sacrifice your health and family. However, most often workers turn into «Workaholikov» Inseparable.

Unfair bosses find different methods of weaking money and time from their employees:

• For example, When signing the employment contract, it is orally warned about «extracurricular». Without stipulating that, according to the law on work on weekends, salary is twice as bigger, and the number of unforeseen work is no more than 4 hours. For 2 days.
• Another trick of employers – popular now contract for «Abnormal labor day». And, despite the fact that in the 101 article it is written a clear definition of an innectible working day, as an episodic attraction to work, the employer makes it work on weekends regularly. But for episodic work should be provided! In reality, the boss takes even ordinary weekends.

Of course, it is not only in ignorance, but also in the absence of such experience. If, when reading the norms of the Labor Code, they do not cause questions, then in practice there are difficulties.

So, specific examples of life and solutions.

Can be forced to work on weekends?

No one can make you because This is prohibited by labor legislation. If you agree with the decision of the authorities, they must wait for your written consent (st. 113 TK RF).

Without the consent of the employee, he must work on such days:

• To eliminate or prevent accidents, threatening life and property of people;
• in conditions of emergency (emergency) or in the period of emergency (natural cataclysms).

By the way, do not work, despite the circumstances listed, has the right Disabled, pregnant women and women with children up to 3 years.

See also: Pregnant’s rights at work

How to calculate legal work on weekends and holidays?

As stated in Article 153 of the Labor Code of the Russian Federation: overtime work on the weekend should be paid at a double rate – both partners and employees on a daily or hourly rate.

Workers with monthly salary have the right to Standard salary rate, If you worked on a day off without exceeding the monthly norm.

And if the monthly rate has been reworked, then Double day or hourly rate For after-hours.

• For example: If the worker receives 100 rubles for one product, then on the weekend it should receive 200 rubles per item.
• For example: If the employee gets 100 rubles./ hour, then in the weekend it should be paid at the rate of 200 rubles./hour.
• For example: If a person gets 20 thousand. rubles / month and worked on the day off of 6 hours, then count payment for this day follows such an algorithm: share the salary for the usual number of working hours for the month (let’s say 168 hours.) and the resulting multiply by 6 (number of extracurricular hours) and 2. Thus, 20.000: 168 * 6 * 2 = 1428 rubles.

How to protect your rights when demanding the chef work on weekends?

1. Find out the phone and coordinates of the district labor inspection. Call or come personally for advice.
2. Correctly specify your claims – where your rights were violated, and what changes you want to achieve.
3. Attach the evidence to the complaint Violations of your rights (charters, labor contracts, orders, internal regulations).
4. Send this package of documents by writing or bring personally. At a personal meeting, make sure the inspector put the date and signature on your copy. Now it remains to wait for the consideration of complaints and checks within a month.
5. At the end of the check, the inspector will make an act and give your employer the order to eliminate the identified violations of the Labor Code. About correcting violations Your boss will have to report to the inspector in writing to the period specified in the prescription.

Is it worth it to complain if you forced to work on weekends?

It makes sense to complain in 3 cases:

• You do not want to dismiss, but the working conditions do not suit you. Then, when contacting the employment inspection, emphasize that you do not want to advertise your data. In this case, when checking, documents of all employees will be raised, which will not allow you to calculate you as the author.
• You are planning to quit from rough circulation and threats of the head. Then you can act openly – do not be afraid to defend. There is nothing to lose, so you can uphold your rights without risk.
• You were fired, but did not pay or did not charge the lost salary. In this case, it is necessary to contact the tax inspection and return your money.

Labor inspection has great powers. For example, it can suspend the company’s work or apply to the court to eliminate the firm. Therefore, do not think about «Big» connections of the head and shortcomings of our legislative system. Following the above not cunning actions, You can protect yourself and help your colleagues.