Planning Motivation Control

Part-time pre-holiday day. Are pre-holiday days reduced for part-time workers? Part-time work

decreases by one hour».

like overtime.

Time tracking and timesheet

  • reduced working hours (

Why is it an hour shorter?

  1. Shorter working day. Shortened pre-holiday working day in the shopping mall of the Russian Federation

  • January 7th - Christmas;
  • May 1st - Labor Day;
  • May 9 - Victory Day;


  1. If before a holiday, work and non-work days are replaced (for example, any day of the work week and Saturday are replaced with places), then the work Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself.

    If the newly formed working day does not stand directly before the holiday, then the working time will not be reduced.

It is not uncommon when an accountant, when paying a certain amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Is it taken into account for tax purposes?

New edition of Art. 95 of the Labor Code of the Russian Federation

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

In continuously operating organizations and on certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

On the eve of weekends, the duration of work in a six-day working week cannot exceed five hours.

Commentary on Article 95 of the Labor Code of the Russian Federation

The duration of a working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).

Non-working holidays in the Russian Federation are:

Existing professional holidays, such as the Day of the Medical Worker, the Day of the Trade Worker, etc., do not apply to non-working holidays, and the rules of Article 95 of the Labor Code of the Russian Federation are not applicable in these cases.

On the eve of holidays and weekends, the length of the working day (shift) is reduced by one hour, both with a 5-day and 6-day working week.

Moreover, such a reduction is made not only for workers with normal working hours, but also for workers with reduced working hours.

Due to the fact that the duration of work with a 40-hour working week is subject to reduction by one hour, on the eve of holidays (non-working) days, the pre-weekend day is not reduced if the holiday is preceded by one or two days off.

For example, if a holiday falls on Sunday, and the organization has a 5-day working week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.

In cases where, in accordance with the decision of the Government of the Russian Federation, the day off is postponed to a working day, the duration of work on that day (former day off) must correspond to the length of the working day to which the day off is postponed (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 4 ).

With a 5-day work week, the weekly time rate is distributed over the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of weekends, as it is provided for a 6-day work week.

In the event that in continuously operating organizations and for certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime should be compensated by providing the employee with additional rest time or, with the employee's consent, by paying overtime.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for payment of overtime work.

Another commentary on Art. 95 of the Labor Code of the Russian Federation

1. Non-working holidays are determined by Art. 112 of the Labor Code of the Russian Federation.

2. According to Part 1 of Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour both for workers with normal working hours and for those who work on reduced working hours, regardless of the reason for its reduction.

3. If a non-working holiday follows the day off, then the working day preceding this day off shall not be shortened.

How to shorten the pre-holiday day when working in shift work?

If the week falls on a pre-holiday day, the working hours for that week are adjusted accordingly. This rule applies to both five-day and six-day workweeks.

5. The main form of compensation for overworking on the pre-holiday day in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift), is to provide the employee with additional rest time. Replacing it with payment according to the norms established for overtime work is allowed only with the consent of the employee.

6. Having established in Part 2 of Art. 95 of the Labor Code of the Russian Federation, the conditions for compensation for overwork caused by the impossibility in continuously operating organizations and on certain types of work to reduce the duration of work (shift) on the pre-holiday day, the law does not determine how long compensation should be provided in the form of additional rest time. As a rule, compensation for such overwork should be provided for in the shift schedule. If in the organization this issue is not regulated by the shift schedule or collective agreement, then additional rest time is provided by agreement of the parties.

Issues of working hours on pre-holiday days are governed by Art. 95 of the Labor Code of the Russian Federation, the main provision of which sounds very simple: “The duration of a working day or shift immediately preceding a non-working holiday, decreases by one hour».

There can be no double interpretations here, everything is extremely clear. This provision applies to all employees, without exception, including those who work part-time, part-time or for an already reduced time (for example, people with disabilities or adolescents under the age of 18).

Article 95 of the Labor Code also contains a clarification regarding continuous production, where work is performed constantly, including on holidays. In such cases, this hour viewed as processing and is compensated accordingly by provision at another time or, with the consent of the employee, by additional payment, like overtime.

Based on the above provisions, the issue is also resolved in various specific cases, for example, on a watch, where the summarized accounting of working hours is applied. If production is not continuous, then the work shift on the day before the holiday should be reduced by one hour. Otherwise, the shift on the pre-holiday days continues as usual, and the prescribed hour of rest is added to the inter-shift rest, or is additionally paid.

As for sick leave, vacation pay, etc., the considered reduced hour does not affect them at all, since, for example, sick leave is calculated based on earnings for the previous two years, divided by 730, and does not take into account any specific days. The situation is similar with the calculation of vacation pay.

Time tracking and timesheet

Certain difficulties arise when tabulating employees who work part-time part-time, for whom, according to Art. 285 TC, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that a shortened pre-holiday day is still considered a worker, and the wages for this day should be full. Therefore, in spite of the reduced working day by one hour, it is recommended to set the standard hours for a given employee in the time sheet (“Salary” magazine, No. 5 for 2008).

It is not uncommon when an accountant, when paying a certain amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Is it taken into account for tax purposes?

Work on pre-holiday days according to the Labor Code

Who doesn't love the holidays? Everybody loves. If only because on the officially established holidays, most Russians do not work. And work on the pre-holiday day according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a day off, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All public holidays are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Professional, corporate events, etc. are not public holidays and cannot be non-working in accordance with labor law.

Work on the pre-holiday day

There are no exceptions to the standard on the length of the pre-holiday working day in the Labor Code. This means that work on pre-holiday days, according to the Labor Code, should be reduced by an hour, not only for those employees who work 40 hours a week, which forms the normal working time (Article 91 of the Labor Code of the Russian Federation), but also in relation to persons who spend less time to work. Including those who have established:

  • reduced working hours (

Labor legislation establishes certain privileges for working citizens. One of them is the shortening of the pre-holiday day. There is no law on the pre-holiday day one hour shorter. This privilege is regulated by the Labor Code, article ninety-five.

The Labor Code clearly states that the duration of work on all days immediately before the holidays should be reduced by one hour. In some organizations, in which it is not possible to shorten the working day, overwork is compensated by additional rest or monetary compensation.

In organizations where a six-day working week is established, the duration of work on the pre-holiday day should be no more than five hours.

Why is it an hour shorter?

Some citizens are wondering why the pre-holiday day is one hour shorter? The government introduced this privilege so that working citizens could best plan and spend weekends and holidays.

The employer lengthens the shortened day - what to do?

In some cases, the employer may not be able to shorten the pre-holiday day for his employees. This may be due to the continuous production cycle or the type of activity of the company. In order to find out how the compensation for overworking on the pre-holiday days takes place, you need to refer to the provisions of the Labor Code on the pre-holiday day by an hour shorter:

  1. Work without shortening the holiday day will be overtime work.

    Reduction of working hours on the day before the holiday

    In this regard, the employer will have to compensate for this processing. The main compensation option is to provide additional rest time. Also, the option with monetary compensation is possible. However, this option can only be used with the written consent of the employee.

  2. A working citizen can take advantage of additional rest for overworking on the pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
  3. The employer has every right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation should be reflected in the internal acts of the company.
  4. The Labor Code does not establish any restrictions on the periods when additional. rest. In this regard, each organization must independently establish these periods in internal regulatory documents.
  5. If the directors of the companies do not provide their employees with any compensation for not reducing the pre-holiday day by 1 hour, the director may receive administrative responsibility. It is even possible to suspend the activities of the entire organization.
  6. Compensation is made with the consent of the employee, but not at his request. He cannot independently choose which compensation to receive - in the form of additional. rest or in the form of extra. payment. The employer takes the initiative, and the employee decides whether to agree to him or not.
  7. The working citizen needs to know that in case of monetary compensation, the processed time is paid in one and a half amount.
  8. If the employee agreed to receive monetary compensation, this fact will need to be formalized in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

Questions about working hours are defined in the Labor Code. The working schedule on the day before the holiday is established in Article 95. In accordance with it, the duration of the working day on such a day should be reduced by one hour.

According to the legislation, a shortened pre-holiday day is recognized as:

  1. That working day that goes before the public holidays of Russia.
  2. It should be understood that only those holidays that are spelled out in the Labor Code, in article 112 are recognized as public holidays. Such holidays are:
  • From the first to the fifth of January - the celebration of the New Year;
  • January 7th - Christmas;
  • February 23rd - Defender of the Fatherland Day;
  • Eighth March - International Women's Day;
  • May 1st - Labor Day;
  • May 9 - Victory Day;
  • June twelfth - Independence Day of Russia;
  • 4th November - National Unity Day.


Rules for reducing holidays

Work on the pre-holiday day under the Labor Code is reduced in accordance with the following rules:

  1. The pre-holiday work day to be shortened must go right before a public holiday. If the holiday fell on Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
  2. The work shift on the pre-holiday working day is reduced for absolutely all workers: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work part-time or part-time.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

  1. Not all organizations have employers able to shorten their employees' holiday hours. The Labor Code, in this regard, provides that the working day may not decrease. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
  2. There are times when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the responsibilities they perform. All directors of companies must draw up a list of positions in which the length of the pre-holiday working day does not decrease, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
  3. All employers who have not reduced the duration of the holiday day are required to compensate for this. Compensation is carried out in the form of a cash payment for the processed time or in the form of providing additional. rest on other days.

It is not uncommon when an accountant, when paying a certain amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Is it taken into account for tax purposes?

Pre-holiday day is one hour shorter

Everyone knows that the day before the holiday is one hour shorter. Legislators have enshrined this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It is also applicable to those employees who have a normal working time set - no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have a reduced or part-time working time. After all, there are no exceptions for such categories of employees of the Labor Code of the Russian Federation.

The working hours in the week on which the pre-holiday fell should be adjusted (due to the reduction of the pre-holiday day by 1 hour). Moreover, regardless of whether the organization works on a five-day or six-day working week.

Since the norm of working time is determined taking into account that the pre-holiday day is one hour shorter (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation of 13.08.2009 N 588n), this does not lead to a decrease in salaries.

If the holiday is established by the law of the subject of the Russian Federation

In turn, an organization operating in this region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day was established in the region in connection with a religious holiday, then the employer has no right to force his employees to work on that day. Under such circumstances, he can attract employees to work only in exceptional cases (

Issues of working hours on pre-holiday days are governed by Art. 95 of the Labor Code of the Russian Federation, the main provision of which sounds very simple: “The duration of a working day or shift immediately preceding a non-working holiday, decreases by one hour».

There can be no double interpretations here, everything is extremely clear. This provision applies to all employees, without exception, including those who work part-time, part-time or for an already reduced time (for example, people with disabilities or adolescents under the age of 18).

Article 95 of the Labor Code also contains a clarification regarding continuous production, where work is performed constantly, including on holidays. In such cases, this hour viewed as processing and is compensated accordingly by provision at another time or, with the consent of the employee, by additional payment, like overtime.

Based on the above provisions, the issue is also resolved in various specific cases, for example, on a watch, where the summarized accounting of working hours is applied. If production is not continuous, then the work shift on the day before the holiday should be reduced by one hour. Otherwise, the shift on the pre-holiday days continues as usual, and the prescribed hour of rest is added to the inter-shift rest, or is additionally paid.

Payment for pre-holiday days according to the Labor Code

As for sick leave, vacation pay, etc., the considered reduced hour does not affect them at all, since, for example, sick leave is calculated based on earnings for the previous two years, divided by 730, and does not take into account any specific days. The situation is similar with the calculation of vacation pay.

Time tracking and timesheet

Certain difficulties arise when tabulating employees who work part-time part-time, for whom, according to Art. 285 TC, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that a shortened pre-holiday day is still considered a worker, and the wages for this day should be full. Therefore, in spite of the reduced working day by one hour, it is recommended to set the standard hours for a given employee in the time sheet (“Salary” magazine, No. 5 for 2008).

It is not uncommon when an accountant, when paying a certain amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Is it taken into account for tax purposes?

Work on pre-holiday days according to the Labor Code

Who doesn't love the holidays? Everybody loves. If only because on the officially established holidays, most Russians do not work.

Labor Code of the Russian Federation: shortened pre-holiday working day

And work on the day before the holiday according to the Labor Code of the Russian Federation. If the pre-holiday day falls on a day off, then the duration of the working day preceding it does not decrease (Article 95 of the Labor Code of the Russian Federation).

All public holidays are specific calendar dates established by the Labor Code of the Russian Federation (Article 112 of the Labor Code of the Russian Federation). Professional, corporate events, etc. are not public holidays and cannot be non-working in accordance with labor law.

Work on the pre-holiday day

There are no exceptions to the standard on the length of the pre-holiday working day in the Labor Code. This means that work on pre-holiday days, according to the Labor Code, should be reduced by an hour, not only for those employees who work 40 hours a week, which forms the normal working time (Article 91 of the Labor Code of the Russian Federation), but also in relation to persons who spend less time to work. Including those who have established:

  • reduced working hours (

Labor legislation establishes certain privileges for working citizens. One of them is the shortening of the pre-holiday day. There is no law on the pre-holiday day one hour shorter. This privilege is regulated by the Labor Code, article ninety-five.

The Labor Code clearly states that the duration of work on all days immediately before the holidays should be reduced by one hour. In some organizations, in which it is not possible to shorten the working day, overwork is compensated by additional rest or monetary compensation.

In organizations where a six-day working week is established, the duration of work on the pre-holiday day should be no more than five hours.

Why is it an hour shorter?

Some citizens are wondering why the pre-holiday day is one hour shorter? The government introduced this privilege so that working citizens could best plan and spend weekends and holidays.

The employer lengthens the shortened day - what to do?

In some cases, the employer may not be able to shorten the pre-holiday day for his employees. This may be due to the continuous production cycle or the type of activity of the company. In order to find out how the compensation for overworking on the pre-holiday days takes place, you need to refer to the provisions of the Labor Code on the pre-holiday day by an hour shorter:

  1. Work without shortening the holiday day will be overtime work. In this regard, the employer will have to compensate for this processing. The main compensation option is to provide additional rest time. Also, the option with monetary compensation is possible. However, this option can only be used with the written consent of the employee.
  2. A working citizen can take advantage of additional rest for overworking on the pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
  3. The employer has every right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation should be reflected in the internal acts of the company.
  4. The Labor Code does not establish any restrictions on the periods when additional. rest. In this regard, each organization must independently establish these periods in internal regulatory documents.
  5. If the directors of the companies do not provide their employees with any compensation for not reducing the pre-holiday day by 1 hour, the director may receive administrative responsibility. It is even possible to suspend the activities of the entire organization.
  6. Compensation is made with the consent of the employee, but not at his request. He cannot independently choose which compensation to receive - in the form of additional. rest or in the form of extra. payment. The employer takes the initiative, and the employee decides whether to agree to him or not.
  7. The working citizen needs to know that in case of monetary compensation, the processed time is paid in one and a half amount.
  8. If the employee agreed to receive monetary compensation, this fact will need to be formalized in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

Questions about working hours are defined in the Labor Code. The working schedule on the day before the holiday is established in Article 95. In accordance with it, the duration of the working day on such a day should be reduced by one hour.

According to the legislation, a shortened pre-holiday day is recognized as:

  1. That working day that goes before the public holidays of Russia.
  2. It should be understood that only those holidays that are spelled out in the Labor Code, in article 112 are recognized as public holidays. Such holidays are:
  • From the first to the fifth of January - the celebration of the New Year;
  • January 7th - Christmas;
  • February 23rd - Defender of the Fatherland Day;
  • Eighth March - International Women's Day;
  • May 1st - Labor Day;
  • May 9 - Victory Day;
  • June twelfth - Independence Day of Russia;
  • 4th November - National Unity Day.


Rules for reducing holidays

Work on the pre-holiday day under the Labor Code is reduced in accordance with the following rules:

  1. The pre-holiday work day to be shortened must go right before a public holiday. If the holiday fell on Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
  2. The work shift on the pre-holiday working day is reduced for absolutely all workers: for those who work on a five-day or six-day working week; for those who work part-time, and for those who work part-time or part-time.
  3. If before a holiday, work and non-work days are replaced (for example, any day of the work week and Saturday are replaced with places), then the work Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not stand directly before the holiday, then the working time will not be reduced.

An alternative to reducing the length of the work shift

There are the following nuances of reducing pre-holiday days:

  1. Not all organizations have employers able to shorten their employees' holiday hours. The Labor Code, in this regard, provides that the working day may not decrease. This is possible in those companies that have a continuous production process; which provide uninterrupted service to the citizens of the country. In order not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
  2. There are times when in one company some employees have the right to work one hour less on holidays, while others do not. This will depend on the position held by the employee and the responsibilities they perform. All directors of companies must draw up a list of positions in which the length of the pre-holiday working day does not decrease, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
  3. All employers who have not reduced the duration of the holiday day are required to compensate for this.

    Compensation is carried out in the form of a cash payment for the processed time or in the form of providing additional. rest on other days.

It is not uncommon when an accountant, when paying a certain amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Is it taken into account for tax purposes?

Pre-holiday day is one hour shorter

Everyone knows that the day before the holiday is one hour shorter. Legislators have enshrined this rule directly in the Labor Code of the Russian Federation (Article 95 of the Labor Code of the Russian Federation). It is also applicable to those employees who have a normal working time set - no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have a reduced or part-time working time. After all, there are no exceptions for such categories of employees of the Labor Code of the Russian Federation.

The working hours in the week on which the pre-holiday fell should be adjusted (due to the reduction of the pre-holiday day by 1 hour). Moreover, regardless of whether the organization works on a five-day or six-day working week.

Since the norm of working time is determined taking into account that the pre-holiday day is one hour shorter (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation of 13.08.2009 N 588n), this does not lead to a decrease in salaries.

If the holiday is established by the law of the subject of the Russian Federation

In turn, an organization operating in this region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day was established in the region in connection with a religious holiday, then the employer has no right to force his employees to work on that day. Under such circumstances, he can attract employees to work only in exceptional cases (

According to the labor legislation, it is possible to work on a part-time basis. Such relationships are formalized in separate personnel documents. And how is the pre-holiday day shortened with part-time work? Maybe such employees are not entitled to a short day on the eve of official holidays? After all, they, so, work less than ordinary specialists? The answer to the question is in this article.

What is part-time work

Part-time employment is regulated in stat. 93 TC. According to legal requirements, when registering an employee on the staff, he may be assigned an incomplete day of work by mutual agreement of the parties, that is, when such a condition is indicated in the employment contract between the employer and the individual. If a person is accepted into the staff on normal terms, but then there is a need to reduce the hours of employment, for any period, it is possible to make changes to the initial conditions for admitting a specialist. In this case, both the division of the day into parts and the establishment of an incomplete day (shift) are allowed.

It is forbidden to transfer an employee to a part-time day unilaterally. The employer's will alone is not enough. The exception is significant substantiated changes in technological or organizational working conditions (Art. 74 of the Labor Code). At the same time, even one desire on the part of the employee is not enough. It is necessary to have a mutual written consent of the parties to the employment relationship. In some cases, the employer is obliged to transfer the specialist to part-time employment:

    At the request of the expectant mother.

    At the request of a parent (guardian or guardian) with a child under the age of 14 or a minor child with a disability.

    At the request of a person who is caring for a sick relative with a medical certificate under Order No. 441n dated 05/02/12

If an employee works for an employer part-time, the amount of earnings is calculated taking into account the actual time worked (products produced, work performed). However, the calculation of seniority and total vacation time does not change. Is the part-time work and the pre-holiday day somehow connected? More details - below.

How is a shortened pre-holiday day provided for part-time work?

In accordance with stat. 95 the temporary duration of a busy day on the eve of public holidays is reduced by one hour. This article does not contain any mention of the fact that the employee is provided with some special conditions on a part-time basis. Consequently, such employees have full regulatory privileges to leave work an hour earlier before the holiday. Only the officially approved stat days are taken into account. 112 TC. The legality of the position is confirmed by the Supreme Court of the Russian Federation in the decision No. GKPI06-963 dated 09.29.06, the Ministry of Labor in Letter No. 1362-VYa dated 03.12.02

The time of part-time work on the days before holidays is to be reduced by 1 hour. For example, an employee is registered under working conditions for 6 hours, in 2018 the holiday on February 23 is not working, which means that on Thursday, February 22, the specialist must work not 6 hours, but 5. If the employer does not provide a short day, overtime is paid as overtime. the minimum amount of which is charged in the 2nd volume.

Features of staffing with a short day

Personnel workers of the enterprise often ask the question: Is it necessary to draw up special orders to reduce the normal length of the day of work before the holiday date? By and large, from the point of view of compliance with legislative requirements, this is not necessary, because such a legal feature is established at the federal level. However, if the document will be present in the organization, this is not a violation. And informing employees is more effective against signature than verbally.

The situation is different with time sheets of employment. The timesheet forms must contain information about how much the employee actually worked. This will help to avoid labor conflicts with both control authorities and personnel. What designations are used to confirm attendance? This is an indicator of presence in the form of the letter "I" or numbers "01", as well as the number of hours worked. If the working conditions indicate hourly employment, you need to put "0" in the line of hours. Or, in some cases, designations are allowed in the form of coding "LP" or "21" (Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.04).

Note! In accordance with legal requirements, the duration of a pre-holiday day is not reduced if such a day falls on a weekend - Sunday or Saturday.

The pre-holiday working day, if such an opportunity exists, without harm to the production process, is reduced by 1 hour. This applies to all employees who are not in continuous production. The question often arises whether such a benefit is provided to employees who are registered on a part-time basis.

  • the concept and rules of a short working day before the holiday;
  • whether the pre-holiday day is shortened with part-time work;
  • registration of a pre-holiday day with part-time work.

The reduction of the working day immediately before a public holiday is a legally established fact. It is only important that the legal aspects of this benefit are observed.

Don't Miss: Featured Article of the Month by an Expert Practitioner

Part-time work: when an employee does not have the right to dictate their terms.

The concept and rules of a short working day before the holiday

A pre-holiday is the day on the eve of any officially and legally established holiday recognized as a state one in the Russian Federation. The list of public holidays is specified in article 112 of the Labor Code of the Russian Federation. According to part 1 of article 95 of the Labor Code of the Russian Federation, the duration of a worker or shift in the pre-holiday is reduced by 1 hour.

However, this aspect does not apply to workers employed in continuous production processes and lines that cannot be stopped. In this case, the employer can compensate for 1 hour of working time with additional payment or an equivalent amount of rest by agreement with the employee, or according to the rules established by the collective agreement.

The rules governing reduction of work on the day before the holiday, are established by the following factors:

  1. A shortened pre-holiday day is reduced by 1 hour only if it immediately precedes a public holiday. For example, if the day of the holiday falls on Monday, and the last working day before it is Friday, then this day does not apply to the pre-holiday day and cannot be shortened.
  2. If a holiday falls on a day off, then, according to the adopted regulatory enactments, it is postponed to the next working day. In this situation, the next day after the weekend and at the same time the holiday becomes non-working. Exceptions to this rule are weekends during the federal New Year and Christmas holidays. In addition, according to Art. 112 of the Labor Code of the Russian Federation, some days off can be postponed to other dates of the same calendar year. The legal normative act for such a replacement is the Decree of the Government of the Russian Federation on the transfer of days off, published one month before the start of the new calendar year.
  3. Regional religious holidays established in the constituent entity of the Russian Federation at the legislative level (clause 7 of article 4 of Federal Law No. 125-FZ) are equated to public holidays. For the legal approval of regional holidays, the procedure must be followed, the reason for consideration is the appeal to the regional governing bodies of representatives of a religious organization.

Payment for exceeding the duration of work on the pre-holiday day is made at the rate of one and a half rate per hour by which it should be reduced, not less than double the rate for overtime (over the established working day). Details of overtime pay should be indicated in the collective agreement, local regulation or employment contract with the employee (Article 152 of the Labor Code of the Russian Federation).

Is the pre-holiday day shortened with part-time work

The question of whether the pre-holiday day is shortened when part-time, arises due to the fact that employees with this type of registration (established in the employment contract) and so work for a certain number of hours less than others working in the usual way. The answer to this question can be considered part 3 of article 93 of the Labor Code of the Russian Federation. There is an indication that part-time workers can enjoy all the rights and privileges on an equal basis with other employees. In addition, in article 95 of the Labor Code of the Russian Federation, which establishes a reduction in the pre-holiday day, there is no indication of restrictions for workers with reduced, part-time or part-time work.

These rights include the accrual of seniority, the receipt of annual paid leave and all other labor rights of a working citizen. Thus, the reduction of the pre-holiday working day by 1 hour is fully extended to workers with part-time work.

Registration of a pre-holiday day with part-time work

In the time sheet, all employees are assigned a 1 hour reduced working time. That is, with an 8-hour working day - 7 hours. When accounting for the time of part-time workers, do the same. If an employee goes to work at 4 o'clock, then on the day before the holiday he should put 3 o'clock.

The problem can arise only when the employee's working day is greatly reduced and is 1 hour or less than one hour. In this situation, it is necessary to be guided by the Order of the Ministry of Health and Social Development of the Russian Federation dated 08.08.2009 No. 588:

“Thus, the working time of a particular month is calculated as follows: the length of the working week (40, 39, 36, 30, 24, etc. hours) is divided by 5, multiplied by the number of working days in the calendar of the five-day working week of a particular month, and from the received number of hours, the number of hours in the given month is subtracted by which the working time is reduced on the eve of non-working holidays ”.

All employers are well aware that they must reduce their pre-holiday work hours by one hour. But many people have a question, is it necessary to shorten the pre-holiday day with part-time work? The answer to it can be found in the next article.

Should the working day be shortened for part-time workers?

This question arises among employers due to the fact that part-time workers are already working several hours less than everyone else.

The answer to this question is given by the Labor Code, the ninety-third article. It says that citizens who work part-time or shift work have the right to enjoy the same privileges and rights as all other workers. Also, the ninety-fifth article establishes a reduction in the pre-holiday day, but it does not say about any restrictions for part-time workers.

These rights and privileges include: receiving paid leave, accruing work experience, reducing the pre-holiday day, as well as all other labor rights. That is, the time of part-time work on the days before holidays is also reduced by one hour.

Documenting

Personnel workers must fill out a document such as a timesheet. On pre-holiday days, the report card should indicate the reduction in working time. That is, if the working day is eight hours, seven hours are prescribed in the report card.

When taking into account the time of citizens who do not work all day, it is necessary to do the same. For example, if an employee works five hours a day, four hours are put on the report card.

Difficulties can appear only when the employee works only an hour per day or less than an hour. In such a situation, it is necessary to put down the number of hours in the report card - zero.

When the day before the holiday is not shortened

The pre-holiday day for part-time work may not be shortened in only one situation. If after it before a non-working holiday there is a standard day off, the reduction will not be carried out.

Processing on a pre-holiday day by part-time workers

Reducing the length of the working day is impossible in those organizations that carry out important continuous production or are engaged in serving the population.

If it is not possible for a part-time worker to reduce the duration of work on pre-holiday days, overwork can be compensated in two ways:

  • the provision of additional rest time in the amount of at least the time worked overtime;
  • pay for overtime work at an increased rate.

The amount of additional payments for overtime work can be determined in a collective or labor agreement. The main thing is that it should not be less than the minimum size defined in the Labor Code, article one hundred and fifty-two.

Salary

If a part-time worker receives a salary based on the number of hours worked, he will still receive a salary for the reduced hour. Moreover, it will be paid at the same rate as usual.