Holiday day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation

01/30/2020 We have a seasonal recession, we cannot provide workers with work "to the fullest". Employees agree to temporarily switch to part-time working time. Those. not in accordance with Art. 74 of the Labor Code of the Russian Federation, namely by agreement of the parties. What is important to consider when applying for our situation?

01/27/2020 “On Monday, an employee reported that he had signed up for Wednesday with a gastroenterologist and asked to document his absence. The director refused to release the employee on Wednesday (allowed on Friday). What to do? Does the director have the right not to let the employee go to the doctor if the employee does not have a certificate of incapacity for work and this is not a medical examination, not a medical examination, but only a personal initiative of the employee to go to the doctor? Will it be possible to punish an employee for unauthorized visits to the doctor?

01/15/2020 A fixed-term employment contract for one month was concluded with a pensioner. Is it possible to bring him to work on a holiday?

12/23/2019 The media are full of reports that one or another governor has moved a day off in the region from December 28 to December 31 for everyone. And allegedly employers listen, and the people rejoice.
But the Labor Code of the Russian Federation allows only the Government of the Russian Federation to postpone holidays, but not private employers (we wrote about this). As if the enterprises that believed the journalists and postponed the day off incorrectly, after the holidays, the State Labor Inspectorate did not come with an inspection of compliance with labor laws, in particular, in the field of working hours and rest time.

12/19/2019 Can we employ part-time employees to work overtime? If yes, how much?

12/02/2019 An employee can work 120 hours a year. Does it include public holidays as well? Can it be argued that overtime work and work on non-working holidays are independent types of labor in conditions that deviate from normal, therefore the restrictions provided for in Art. 99 of the Labor Code of the Russian Federation for the duration of overtime work (no more than 4 hours for 2 days in a row and 120 hours a year), do not apply to work on weekends and non-working holidays?

11/28/2019 The employer has the right to involve employees to work outside the working hours - for overtime work.
For such processing, the Labor Code of the Russian Federation provides for its own rules, which employers periodically violate.

10/29/2019 If an employee is allowed 2 days for medical examination, and he passed it in 1 day, should the employee return to work on the second day?

10/16/2019 We plan to hire a part-time job for a position that involves working in irregular working hours. Is it possible to do so?

10/14/2019 According to the shift schedule, an employee's shift begins on October 20 at 22.00 and ends on October 21 at 6.00. According to the vacation schedule, the employee's annual leave begins on October 21. How to be? Can an employee go on vacation at midnight?
A similar situation occurs when an employee falls ill. For example, he worked his shift until 6 am. Went from work to the clinic and opened a sick leave. What to put in the report card on this day, how to pay?

09.10.2019 We are a small company. We are frightened by the idea of the authorities to introduce a mandatory four-day work week. If this happens, then on Friday (and this is a reception day for the company) we will have to hire more employees ... We are already barely making ends meet, such a crisis, and then there will be extra expenses ... Surely we will have to liquidate the company and go look for work.

09/30/2019 Today we will think about the question of whether it is possible to engage in work on weekends and holidays not for some emergency reasons, but simply by agreement of the parties.

On 09/09/2019, the Supreme Court of the Russian Federation recently considered a case in which a disabled employee did not ask the employer to establish a reduced working time for her, did not bring an individual rehabilitation program, on the contrary, she signed an agreement with the employer on establishing a 40-hour working week for her. And after 5 years of such work, she demanded to pay her overtime hours for all these years.

09/04/2019 It happens that an employee with a summarized accounting of working hours (SURV) leaves before the end of the accounting period. Perhaps, in the worked period, the employee worked more than the normal number of working hours (normal for this period). Then the question arises of the need to determine overtime hours in the period worked (in order to pay them). Among experts, this issue is controversial.

09/02/2019 The company decided to reduce the working day on Friday from 8 to 7 hours. To do this, it was proposed to reduce lunches from 1 hour to 45 minutes from Monday to Thursday and, accordingly, increase the working hours on these days by 15 minutes (from 8 hours to 8 hours 15 minutes). This situation was considered on the information portal of Rostrud Onlineinspektsiya.rf.

08/29/2019 The worker came out of the decree, the child was placed in a kindergarten. But according to the work schedule, she does not have time to pick up the child from kindergarten on time. Therefore, she needs to change her work schedule or reduce her working hours by an hour so that she can leave work 1 hour earlier. Is the employer obligated to comply with her request?

08/26/2019 According to Art. 95 of the Labor Code of the Russian Federation on the eve of holidays, the duration of work with a six-day working week cannot exceed five hours.
Does this rule apply only to the traditional six-day work week with one day off, or does it apply to the work week with staggered days off?

08/21/2019 According to Art. 96 of the Labor Code of the Russian Federation, mothers and fathers raising children under the age of five without a spouse (wife) and guardians of children of this age may be involved in night work ...

08/19/2019 In practice, it often becomes necessary to change the normal working hours of an employee to a shorter one, for example, in the case when an employee receives a disability group.

08/15/2019 An employee with one year old baby, was involved in work on a holiday with her written consent, but she was not familiarized with her right to refuse such work against signature. Can she write on the order to engage in work on a holiday that she was acquainted with her right to refuse this work?

07/25/2019 Often, female employees fall into the category of “pregnant women” when they have already established an irregular working day (NWP) and work in this mode. And then the question arises: is it possible to attract a pregnant woman to work outside the established working hours for her within the framework of an irregular working day? But sometimes a pregnant worker just gets a job, and the question arises of the admissibility of establishing a clause on NSD in her employment contract.

07/25/2019 Found that employees change shifts without informing management. Can they be punished?

07/18/2019 Practical advice for cases of introducing part-time work by agreement of the parties and at the initiative of the employee

06/27/2019 Employees with their written consent were involved in work on a holiday. With the right to refuse such work, employees were acquainted under the signature. The order of the employer was issued about bringing to work on a holiday. However, workers were not asked what compensation they want for working on a holiday: double pay or time off and single pay. So what's now?

06/27/2019 How long can a part-time worker work under each contract?
How many part-time employment contracts can an employee conclude?
What is the salary for a part-time worker?
How can an employer find out that an employee has a primary job?
Is it possible to conclude a fixed-term employment contract with part-time workers, regardless of the work they perform?
Is it possible to dismiss a part-time job with whom a fixed-term employment contract has been concluded if an employee is hired for a position for whom this work will be the main one?
How to make an entry in the work book if part-time work has become the main job?

06/25/2019 Too hot at work. The employer therefore reduced working hours. Will wages decrease in this case?

06/17/2019 The employee brings sick leave after the "closing" of the time sheet. Accordingly, in the report card he has marks about the absence for unknown reasons. They need to be corrected for marks of absence due to temporary disability. How to do it?
We have a simple organization, not budgetary, no departmental acts apply to us.

05/29/2019 What should I do if, at the end of the parental leave, a child of an employee is not provided with a place in a kindergarten? How to maintain an employment relationship with her if she does not want to quit, wants to stay at work? What are the legal options available to the employer? Can she be fired for absenteeism?

04/29/2019 “Is it possible to work full time during parental leave remotely, and not “at home”, while maintaining the childcare allowance?”

15.04.2019

04/11/2019 If an employee at the main job works 0.25 wages, can he work part-time at 0.75 wages?

04/09/2019 Today we will consider two related questions that often arise in practice for beginners:
Is it possible to establish an irregular working day for workers engaged in hazardous work, but at the same time, it is harmful not all the working day, but less than half a day?
And is it possible to set an irregular working day for builders who work outside at any temperature?

04/01/2019 Our organization abandoned one of the activities. We are reducing the number of employees in this area (notices have already been issued). Is it possible to declare idle time for them, because no job right now?

03/21/2019 Today we will consider several "ideologically close" questions about the procedure for "timesheet" of employees' working time.
“I was instructed to record the working hours of all employees. How can I schedule the working hours of employees if I am not at the enterprise when they have a shift? No way! GIT will come and fine! He will say that I could not make a report card like that. How to formally and competently make such timesheets?”
“How to record the working hours of remote workers? We don't see them..."
“Can the head of a structural unit keep track of the working hours of all employees of the unit, including himself?”

02/04/2019 I am a single mother, my daughter is 4 years old. I work as a waitress in a cafe. Previously, the cafe was open until 21.00, and more recently - until 23.00. Accordingly, now I have a schedule until 23.30. Are there legal ways to change my schedule? The point is that I have Small child and his grandmother stayed with him. Now I need to leave early, but the director refused to change my schedule.

01/29/2019 In all likelihood, we will have to declare a downtime. But one employee is on sick leave. Can it be declared idle?

01/29/2019 Can employees who have an irregular working day be involved in work on their days off and non-working holidays without their consent?

01/24/2019 The employee was asked to stay and work overtime for 2 hours. There are reasons. Prior to that, he worked 8 hours (4 hours before lunch and 4 hours after). If before working overtime at the end of the working day, he leaves for 15 minutes to eat, will subsequent work be considered overtime? Or should overtime work closely "snuggle up" to the work shift? And, maybe, it is even obligatory to let him go to eat, and not for 15 minutes, but for 30 before overtime work, in order to provide a break for meals every 4 hours?

11/14/2018 The employee wants to transfer to part-time work. There is his statement, concluded an agreement. The previous personnel officer also printed a transfer order (based on form N T-5), but this is not a transfer. What should be the order?

On 10/29/2018, a relative of the worker was admitted to the hospital. Today we let her go for the whole day at our own expense. Later, she said by phone that she would probably have to help and care for the patient in the evenings and leave early two hours before the end of the working day (at 16:00 instead of 18:00). How long this will all last is still unknown, but 2-3 weeks for sure. The worker is ready to come early and work an hour in the morning and another hour instead of lunch. How to arrange all this? Should working hours be treated as overtime?

10/04/2018 Guard A. was late for work (stuck in traffic). He was supposed to take over from B.'s other guard from the night. We (the employer) asked B. to stay until A. arrived for an hour and a half. But B. replied that he had been working as a security guard for more than a dozen years and knew that working two shifts in a row was prohibited. And left at the end of the shift. Please tell me is he right? Does waiting for a shift for an hour and a half equate to working for two shifts in a row?

09/20/2018 Can a remote worker (programmer) come to work in the office? He has an employment contract for remote work. Previously, he worked from home (in the summer from the dacha). Now relatives have come to live with him, and now he wants to come and work quietly. It is possible in the office. Moreover, he wants to come not only during the usual working hours of the office, but also in the evenings, at night (he is a "night owl") and on Saturday. He has the key. So it is possible? How is it possible?

12.09.2018 Legal regulation of RTS
RMS in general
Shift duration at SURV
Compliance with individual legal norms in RTS
Where is RMS applied?
Accounting period for RMS
What is the accounting period?
The duration of the accounting period. General rule
Increase in the accounting period for "wreckers"
Accounting period of "shift workers"
Variety of accounting periods for one employer
Accounting period and work schedule
Vacation and sick leave for SURV
The procedure for the introduction of RMS
Changing the conditions of RTS
Overtime at ERW
Determining Overtime Hours for RTS
Overtime upon dismissal before the end of the accounting period
Topical Issues in the Practice of RMS Application

09/12/2018 Consider a typical situation from practice. A donor worker donates blood. Perhaps this happens suddenly for the employer. You never know what happened ... In order not to let down colleagues, the employee is ready to go to work on the same day. The employer, of course, does not mind. How can I do this without breaking the law? Can I go to work on the day of blood donation? What documents should be used to formalize the consent of the parties? Is it necessary to issue an order? What is the opinion of the GIT?

09/07/2018 An employee wants to work only until lunch. But not forever, but within 2 weeks. Is it possible? If yes, how to arrange it correctly? And is it necessary to make such changes, because the period is very short?

09/05/2018 It happens that an employee goes to work on the day of blood donation “silently”, i.e. without informing the employer that he donated blood. For example, at 8 am he donates blood, and his working day starts at 10 am or 4 pm. And then, having worked a shift (working day), the donor worker asks the employer for appropriate guarantees and compensation. How to deal with it?
And should the employer compensate the employee for work on the day of blood donation with an additional day of rest if the employee did not notify the employer about blood donation? Can an employee be punished for not notifying the employer about blood donation and going to work?

04/23/2018 An employee who worked several hours of overtime and did not receive payment for this, after dismissal, decided to go to court with a demand to recover payment. Involvement in overtime work was not formalized in any way. What can an employer expect from the court?

03/19/2018 The employee has accumulated 24 overtime hours in the accounting period. The employee asks instead of increased pay to provide him with additional rest time for these hours. Is it possible to give an employee not 3 full days of rest (24 hours \u003d 8 hours * 3), but let him go 6 days after lunch, i.e. so that he still appears at work for 6 days and does the most necessary for his position?

02/19/2018 Unified forms of the time sheet - forms T-12, T-13, approved by Decree of 01/05/2004 N 1 of the State Statistics Committee of the Russian Federation, have been tested by practice. And today, many employers continue to use the State Statistics Committee form of the time sheet in their work, having approved it for themselves by order.

02/09/2018 Many employers in the countryside do not even know the rule on reducing the working time of women in the countryside by one hour, or they think that it is outdated, contradicts the current Labor Code of the Russian Federation and is not applied. Meanwhile, state labor inspectorates regularly check its implementation and fine violators, and the courts support them and consider the rule to be still valid and not contradicting the Labor Code of the Russian Federation.

03/09/2017 The company employs workers with part-time and reduced working hours. And so on the eve of the holiday they work less than all the other workers who have normal full-time work. Do they need to reduce their working hours by an hour on the eve of the holiday?

11/30/2016 Till general rule, the employee’s working day ends at 20.00, but since the employment contract sets an irregular working day for him, and the employer has a need to involve him in work outside this norm with the “seizure” of the night hour (once so far), the question arose: is it possible involve a worker with an irregular working day for night work? If possible, should these hours be reflected in the time sheet and paid?

Where should employees be during downtime, if this issue is not specified in local regulations?

01/30/2014 We have a few part-time employees from 9.00 to 13.00, and all other employees work from 9.00 to 18.00 (one hour for lunch). On the pre-holiday day, employees who are full-time, we release an hour earlier - at 17.00. And workers who are on part-time work also need to be released an hour earlier, i.e. at 12.00 or can they work as usual until 13.00?

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

There can be no double interpretations here, everything is very clear. This provision applies to all employees, without exception, including those working part-time, part-time or on an already reduced time (for example, disabled people or teenagers 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 treated as recycling and is compensated accordingly by the provision at another time or, with the consent of the employee, by an additional payment, like overtime.

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

Holiday pay according to the Labor Code

As for sick leave, vacation pay, etc., the shortened hour in question 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 time-sheeting employees working part-time part-time, for which, according to Art. 285 of the Labor Code, payment should be made in proportion to the hours worked. Usually, in such a situation, it is assumed that the shortened pre-holiday day is still considered a working day, and wages for this day must be full. Therefore, despite the working day reduced by one hour, it is recommended to set the usual time sheet for this employee norm of hours (Zarplata magazine, No. 5, 2008).

Work on holiday days according to the Labor Code

Who doesn't love holidays? Everyone loves. If only because the majority of Russians do not work on officially established holidays. And work on the eve of 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 holidays, etc. are not official holidays and cannot be non-working days in accordance with labor legislation.

Work on holiday

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

reduced working hours

Labor legislation establishes certain privileges for working citizens. One of them is the reduction of the pre-holiday day. There is no law on the pre-holiday day an hour shorter. This privilege is regulated by the Labor Code, Article ninety-fifth.

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

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

Why an hour shorter?

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

The employer extends the shortened day - what to do?

In some cases, the employer cannot shorten the pre-holiday day for his employees. This may be due to the continuous cycle of production or the type of activity of the company. In order to find out how compensation for overtime is processed on holiday days, you need to refer to the provisions of the Labor Code on the holiday day one hour shorter:

Work without shortening the pre-holiday day will be overtime work. In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. Also, there is an option with monetary compensation. However, this option can only be used with the written consent of the employee.
A working citizen can take advantage of additional rest for processing on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main vacation.
The employer has the full 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.
The Labor Code does not establish any restrictions on the periods when extra work can be provided. relaxation. In this regard, each organization must independently establish these periods in internal regulatory papers.
If directors of 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.
Compensation is made with the consent of the employee, but not at his will. He cannot independently choose what compensation to receive - in the form of additional. rest or in the form of payment. The employer takes the initiative, and the employee decides whether to agree with him or not.
A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary that the employee draw up a written application addressed to the management of the organization.

Questions about working time regimes are defined in the Labor Code. The working regime on the pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day must be reduced by one hour.

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

That working day that goes before the public holidays of Russia.
It should be understood that only those holidays that are prescribed 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 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
The first of May is Labor Day;
May 9 - Victory Day;
June 12 - Independence Day of Russia;
The fourth of November is National Unity Day.

Rules for reducing pre-holiday days

Work on the eve of the holiday according to the Labor Code is reduced in accordance with the following rules:

The pre-holiday working day to be reduced must go right before the public holiday. If the holiday fell on a Monday, then Friday is not recognized as a pre-holiday day, and, therefore, will not be shortened.
The work shift on the pre-holiday working day is reduced for absolutely all employees: 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.
If before a holiday, working and non-working days are replaced (for example, any day of the working week and Saturday are replaced), then the working 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 immediately precede a 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:

Not in all organizations, employers have the opportunity to shorten the duration of the pre-holiday working day for their employees. 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 to be able not to shorten the working day, the directors of such companies must correctly draw up all the necessary papers.
There are cases 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 obligations he performs. All directors of companies must draw up a list of positions in which the duration of the pre-holiday working day is not reduced, and approve it. When hiring employees for these positions, they are required to familiarize all candidates with this list.
All employers who have not reduced the length of the pre-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 the provision of additional. rest on other days.

It is not uncommon when an accountant, paying this or that amount to an employee, asks the question: is this payment subject to personal income tax and insurance premiums? Does it count for tax purposes?

Pre-holiday one hour shorter

Everyone knows that the pre-holiday day is an hour shorter. Legislators fixed 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 of no more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation), and those who have reduced or part-time working hours. After all, the Labor Code of the Russian Federation does not provide for any exceptions for such categories of workers.

The norm of working hours in the week on which the pre-holiday day fell must be adjusted (due to the reduction of the pre-holiday day by 1 hour). And 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 the fact 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 August 13, 2009 N 588n), this does not lead to a decrease in wages for employees.

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

In turn, an organization conducting activities 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 does not have the right to force his employees to work on this day. He can involve workers in work under such circumstances only in exceptional cases (

All organizations in the territory Russian Federation Since February 1, 2002, the Labor Code (Labor Code of the Russian Federation) has been in force. The laws prescribed in it regulate labor interactions between employers and employees. The Code is mandatory for all forms of organizations and individual entrepreneurs using hired labor. It consists of 6 parts and 13 sections. In particular, the Code defines and regulates wages, working hours and work on holiday days.

What does the Labor Code of the Russian Federation say

Article 95 of the Labor Code specifies the length of working hours (shifts) on the days preceding public non-working holidays.

Working hours on the eve of the holiday are reduced by 1 hour without reducing payment. If an enterprise (organization) cannot reduce working hours, the production process is continuous, and a sliding work schedule is used in some areas, then according to the Labor Code of the Russian Federation, the employer must compensate for processing with additional paid rest time or (with the written consent of the employee) with increased pay (as overtime) for one hour.

Holiday calendar

In Russia, the Labor Code defines public holidays. They are official holidays:

New Year holidays - from 01.01 to 06.01 and 08.01 (according to the changes made to Article 112 of the Labor Code of the Federal Law No. 35-FZ of 04.23.2012);
Christmas - 07.01;
International Women's Day - 08.03;
Holiday of Spring and Labor - 01.05;
Victory Day - 09.05;
Day of Russia - 12.06;

Pre-holiday days are working hours that immediately precede holidays. If there is a Saturday or Sunday before the holiday, then working Friday is not a shortened pre-holiday day.

Working days, the duration of which is reduced by one hour:

2017: November 3, March 7 and February 22;
2018: February 22, March 7, April 28, May 8, June 9, December 29.

Please note: if the working day (Saturday or Sunday) turned out due to the postponement of the pre-holiday day, then the duration of work at this time is reduced by one hour, because. it is considered a shortened pre-holiday day.

For example, in April 2018, the working day April 30 (which precedes the holiday) will be moved to Saturday 28. The pre-holiday day in this case is April 28, not April 30.

Features of the work of part-timers

The reduced pre-holiday working day according to the Labor Code of the Russian Federation is established for all categories of workers. If an employee works part-time - less than an hour (for example, a part-time job for 0.1 rates) or part-time - four working days (instead of five), then he has the right to reduce working hours before the holiday. In this case, the employee does not go to work (since his working day is one hour), in the time sheet he is marked with 0 working hours. Monthly payment is due in full.

Payment for "shortened" time

A shortened pre-holiday day is not a reason for reducing wages.

There are some nuances:

if the employee is paid according to the employment contract according to the salary or at the daily tariff rate, then the shortened pre-holiday day is paid in full (excluding the shortened hour);
if the employee's work is paid at an hourly rate, then for the pre-holiday day payment will be made for the time actually worked, the "reduced" hour is not paid;
if the employee is paid on a piece-rate basis, then regardless of the day of work, payment is made for the actual amount of work;
if an employee under an employment contract works a shortened working day, then the payment for the shortened day is made according to the general rules and depends on the type of payment (salary, daily rate, hourly rate or piecework wages).

If the working day cannot be shortened

Not all enterprises can provide a shortened working day for all employees. If employees continue to work, then in this case they will have to pay one hour of overtime work.

According to the Labor Code, overtime work is paid for the first two hours no less than one and a half times, for the next - no less than double. Payment for overtime hours at a particular enterprise should be prescribed by local regulations.

Example: locksmith Ivanov I.I., according to an employment contract, has an 11-hour shift (working time). His hourly wage is 150 rubles per hour.

The work shift of Ivanov I.I. fell on 02/22/2017. It is not possible to provide him with a reduced work shift. The production process must not be interrupted.

For ten hours of work, Ivanov I.I. was paid 1,500 rubles. (150 rubles/hour x 10 hours).

Payment for one hour of overtime work - 225 rubles. (1 hour x 150 rubles/hour x 1.5).

Conclusion

When reducing working hours on a pre-holiday day, the accountant should be guided by the Labor Code of the Russian Federation to pay for it. It is necessary to remember:

features of payment depend on the system of remuneration, individually prescribed in each employment contract;
All categories of workers are entitled to a pre-holiday shortened working day.

Good luck to everyone working!

(click to open)

Everyone loves holidays, because an extra day of rest does not hurt anyone. Moreover, work on the pre-holiday day according to the Labor Code of the Russian Federation is reduced. However, a reduction in the total length of the working day is not always required. When and in what cases labor legislation allows you to go home early - our article is devoted to this topic.

Holiday day according to the Labor Code: concept

In accordance with the norms of the Labor Code, the pre-holiday working day is the day immediately preceding the official holiday. The duration of such a day (shift), in accordance with the norms, is legally reduced by 1 hour. When reducing the time of employment, it is necessary to take into account the following features of the nature of the work:

If the enterprise works continuously by necessity or the position of a specialist does not allow reducing the duration of employment, such a stay is recognized as overtime and is subject to compensation in the form of an additional day off. Or the employee may be paid overtime (with the consent of the specialist).
If an employee works for 6 days, the duration of the day of employment on the eve of official holidays can be a maximum of 5 hours.
If the pre-holiday date falls not on a working day, but on a weekend (Sunday or Saturday), no reduction occurs on the previous date.

To understand what a short pre-holiday day is, let's turn to the provisions of article 91 of the Labor Code, which regulates the usual length of the working day. It says here that the weekly duration of normal work time is 40 hours maximum. And if an employee works under special conditions, for example, reduced time (Article 92) or part-time work (Article 93), or is a part-time worker, this in no way limits his right to go home an hour earlier on the eve of the holidays.

Of course, not all holidays are recognized as official. For example, corporate parties, employee birthdays or professional dates cannot be considered public holidays according to government regulations. The pre-holiday working day is determined by the Labor Code only in relation to those dates that precede those established in Art. 112 of the Labor Code of the Russian Federation. In particular, in Russia, the following days are non-working days:

New Year holidays - from 1 to 6 January and 8;
Christmas holiday - January 7;
Feast of the Defenders of our Fatherland - February 23;
International Women's Day - March 8;
Labor and Spring Day - May 1;
General Victory Day - May 9;
RF Day - June 12;
National Unity Day - 4 November.

All existing official holidays are marked in red on production calendars, and the pre-holiday day is indicated with an asterisk *, so that it is clear to personnel officers when exactly concessions are due to employees.

What to consider when introducing pre-holiday days

When conducting personnel records management on holidays and the days preceding them, keep in mind that:

If an officially approved holiday coincides with a day off, Saturday or Sunday should be moved to the next day of work immediately after the holiday. The exceptions are the days of the New Year holidays and Christmas, for which the government of the Russian Federation has provided a special transfer procedure.
If employees are not paid according to the salary system, such specialists are entitled to additional remuneration for non-working holidays. The mechanism for calculating and issuing payments is established in the LNA of the enterprise, for example, in a collective agreement.
If the employee's salary is paid according to the salary system, the employer is not entitled to reduce the total amount of remuneration if there are public holidays in the current period.
By decision of the federal authorities, some holidays may be rescheduled in a different order in order to increase overall labor productivity.

For example, January 1, 2019 is generally recognized as a holiday. The pre-holiday day is December 31, but in 2018 it falls on a day off, that is, Sunday. Since everyone does not work on Sunday, the closest pre-holiday day will be Friday. But the duration of employment on Friday will be, as usual, 8 hours and is not subject to reduction according to the norms of the Labor Code.

Key points related to payment:

With an hourly wage system - in this case, the employee receives earnings based on the actual time of production. Consequently, short hour will not be paid, and this is not considered a violation by the employer.
According to the salary system of remuneration - a short day before the holiday is subject to calculation in full, without any reduction in the amount of earnings.
With a piecework wage system - as well as an hourly system, this technique involves the calculation of earnings based on the actual volume of work or products produced. This means that the reduction of working hours on the pre-holiday day does not affect the amount of payment of remuneration to piecework workers.
When employed on reduced terms or on a part-time basis, the amount of salary for a short pre-holiday day is not subject to reduction.

Note! If the organization functions continuously, and employees work as usual, that is, without shortening the pre-holiday days, such employment time is recognized as overtime and is payable at least twice. The exact procedure for calculating compensation and the list of positions of persons who cannot be provided with shortened days before the holidays are approved by the head in the internal document flow of the enterprise.

Pre-holiday day in continuously operating organizations

Not all enterprises can provide a shortened working day for all employees. If employees continue to work, then in this case they will have to pay one hour of overtime work.

Example: locksmith Ivanov I.I., according to an employment contract, has an 11-hour shift (working time). His hourly wage is 150 rubles per hour. The work shift of Ivanov I.I. fell on 02/22/2017. It is not possible to provide him with a reduced work shift. The production process must not be interrupted.

For ten hours of work, Ivanov I.I. was paid 1,500 rubles. (150 rubles/hour x 10 hours). Payment for one hour of overtime work - 225 rubles. (1 hour x 150 rubles/hour x 1.5). In total, 1,725 rubles were credited to Ivanov I.I. for the work shift on February 22.

The pre-holiday working day provided according to the Labor Code is noted in the report card according to special rules. But many personnel workers do not know about this and continue to put down the usual numbers 8 on such days. However, on such dates, employees work less than the prescribed employment time. For example, an employee on a 40-hour working week on the day before the holiday is only 7 hours busy. Therefore, if this fact is not indicated in the report card, the inspectors from the labor inspectorate may come to the conclusion that the person has overworked, and the employer has violated the requirements of the law.

To draw up or not an order to reduce the time of work in the enterprise? In principle, since this requirement is governed by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

The duration of the working day or shift immediately preceding the non-working holiday, by virtue of Part 1 of Art. 95 of the Labor Code of the Russian Federation is reduced by one hour. Non-working holidays in the Russian Federation in accordance with Art. 112 of the Labor Code of the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
- January 7 - Christmas;
- 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 - Day of Russia;
- November 4 - National Unity Day.

Based on this, seven days become pre-holiday: December 31, February 22, March 7, April 30, May 8, June 11 and November 3. AT current year April 30, June 11 and December 31 fall on a day off Saturday, and May 8 - on Sunday. By Decree of the Government of the Russian Federation of September 24, 2015 N 1017, the day off from Sunday, January 3, was postponed to Monday, March 7. On the working days preceding the corresponding holidays on Friday, March 4, April 29, May 6, June 10 and December 30, their duration does not decrease.
By the aforementioned Decree of the Government of the Russian Federation N 1017, the day off from Saturday, February 20, was moved to Monday, February 22. In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day to which the day off is transferred (part 4, clause 1 of the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n). Thus, the pre-holiday day of February 22, on which, as a general rule, the duration of work is reduced by one hour, after the transfer became a day off, and the day off on February 20 became a working day. Consequently, the working time on February 20 was reduced by one hour.
The duration of the working day and the remaining pre-holiday day on November 3 is also reduced by one hour.
Thus, in 2016, only on the two indicated pre-holiday days, there is a decrease by one hour in the duration of the working day or shift.
The rule on reducing by 1 hour the length of the working day (shift) immediately preceding a non-working holiday applies regardless of whether the length of the working week is 5-day or 6-day. With regard to the 6-day working week, Part 3 of Art. 95 of the Labor Code of the Russian Federation also provides for the maximum working hours on the eve of the weekend. It cannot exceed 5 hours.

Reduction for all employees

Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). Therefore, with a five-day working week, the duration of a normal working day is 8 hours (40 hours: 5 days x 1 day), on the pre-holiday day its duration will be 7 hours (8 - 1).
The above reduction provision applies to all employees, regardless of the length of their working time and its mode. The Ministry of Labor of Russia indicated that the length of the working day immediately preceding a non-working holiday is reduced by one hour, regardless of the duration of weekly or daily work, almost immediately after the entry into force of the Labor Code of the Russian Federation and, accordingly, the mentioned Art. 95 of the Code in the Letter of 12.03.2002 N 1362-VYa.
In the middle of the 2000s, the state unitary enterprise applied to the Supreme Court of the Russian Federation with an application to invalidate clause 2 of the Clarification "On some issues arising in connection with the postponement of weekends coinciding with holidays" (approved by the Decree of the Ministry of Labor of Russia dated December 29, 1992 N 65).
The aforementioned paragraph 2 of the Clarification established the procedure for calculating the norm of working hours for certain periods of time. The specified norm of working time according to this paragraph was proposed to be calculated according to the estimated schedule of a five-day working week with two days off Saturday and Sunday, based on the following duration of daily work (shift):
- with a 40-hour working week - 8 hours, on holidays - 7 hours;
- if the duration of the working week is less than 40 hours - the number of hours obtained by dividing the established duration of the working week by five days.
At the same time, the last provision clarified that on the eve of holidays, the reduction of working hours is not carried out (the reference was to the current Article 47 of the Labor Code of the RSFSR at that time).
In the applicant's opinion, the norm of clause 2 of the Clarification contradicted the Labor Code of the Russian Federation and violated the rights of organizations with a continuously operating nature of work. The Applicant considered that the legislator had not provided for in continuously operating organizations to reduce the duration of the shift by one hour on the eve of non-working holidays. The higher judges thought otherwise.
Part 1 Art. 95 of the Labor Code of the Russian Federation, in their opinion, established general rule on the reduction of the length of the working day or shift immediately preceding a non-working holiday, which applies to all employees and is mandatory for employers.
In part 2 of Art. 95 of the Labor Code of the Russian Federation, the legislator settled the issue of the duration of work on the eve of non-working holidays in continuously operating organizations where it is impossible to reduce the duration of work (shift). The decrease in the duration of work (shift) by one hour provided for by law in this case is called processing and is subject to compensation in the form of additional rest time or payment according to the norms established for overtime work.
Paragraph 3, clause 2 of the Clarification provides for the calculation of the norm of working hours for employees who have a reduced working time. However, in connection with the entry into force of the Labor Code of the Russian Federation, the Code of Labor Laws of the RSFSR (including Article 47) became invalid. The provisions of par. 3 p. 2 Explanations really contradicted the requirements of Part 1 of Art. 95 of the Labor Code of the Russian Federation, in accordance with which the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
This benefit applies to all employees, including those who have already established reduced working hours (Article 92 of the Labor Code of the Russian Federation), in particular:
- employees under the age of 18;
- disabled people of I and II groups;
- persons employed in work with harmful and dangerous working conditions.
At the same time, the supreme judges concluded that, enshrined in Part 1 of Art. 95 of the Labor Code of the Russian Federation, the benefit applies to all employees.
The statement of the State Unitary Enterprise was partially satisfied, only par. 3, paragraph 2 was declared invalid, the rest of the stated requirements of the RF Armed Forces were left without satisfaction (Decision of the Supreme Court of the Russian Federation of September 29, 2006 N GKPI06-963).
Part 1 Art. 93 of the Labor Code of the Russian Federation allows you to establish, by agreement between the employee and the employer, both when hiring, and subsequently, part-time work (shift) or part-time work week. The reduction by one hour of the duration of the working day immediately preceding the non-working holiday also applies to the specified mode of operation, since part-time work by virtue of Part 3 of Art. 93 of the Labor Code of the Russian Federation does not entail any restrictions for employees on the duration of the annual basic paid leave, calculation seniority and other labor rights. And the abbreviation in question belongs to those.
As you can see, part-time work is no exception. Consequently, working hours on the eve of the holiday for all employees working in this mode will be reduced by one hour. This also applies to employees whose working day is only one hour.
Reduced by one hour on the eve of the holiday and the working time of a remote worker. After all, in accordance with part 3 of Art. 312.1 of the Labor Code of the Russian Federation, such employees are subject to labor legislation and other acts containing labor law norms.
Guarantees and compensations for persons working part-time are defined by Art. 287 of the Labor Code of the Russian Federation. According to this norm, guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, are provided to persons working part-time, in full, with the exception of guarantees and compensations to persons:
- combining work with education;
- working in the regions of the Far North and equivalent areas.
These guarantees are provided to employees only at their main place of work.
Based on this, the duration of the working day for a part-time worker on the pre-holiday day should also be reduced by one hour. Internal part-timers the working day is reduced by one hour both at the main place of work and part-time.
The duration of work on the pre-holiday day is recorded in the time sheet, which is maintained in a form developed independently by the employer, or according to unified forms N T-12 or N T-13 (approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). The number of working hours on such a day will accordingly be one hour less than a normal working day.

Payment amount

Holiday pay depends on the order of accounting for working hours.
In accruals, employees who have a fixed salary do not lose anything when the working day is reduced by one hour. They receive wages for the month in which there is a pre-holiday day in full, regardless of the fact that on the indicated day they worked an hour less. After all, the reduction in the duration of the day in question, provided for by the Labor Code of the Russian Federation, is the norm of working time. So, the norm of working time according to clause 1 of the mentioned Procedure for calculating the norm of working time is:
- in February - 159 hours ((8 hours / day x 20 days - 1 hour), where 20 is the number of working days in February with a five-day working week with days off on Saturday and Sunday);
- in November - 167 hours ((8 hours / day x 21 days - 1 hour), where 21 is the number of working days in November, again with a five-day working week with days off Saturday and Sunday).
With time-based accounting of working hours:
- in working days - a shortened pre-holiday day is paid as a full working day;
- hourly - for hours actually worked, that is, in this case, the unworked hour is not paid.

Example 1. The operating mode of the organization is a five-day working week with days off on Saturday and Sunday. On the pre-holiday day postponed to February 20, its duration was 7 hours. When concluding labor contracts with employees, various conditions of remuneration were used: Befusu Ya.S. the salary is set at 35,000 rubles. per month, Tsisar O.K. - daily tariff rate of 1750 rubles / day, Khvornum I.R. - hourly tariff rate 220 rub/h. In February, these employees worked all the working days of the month. According to the production calendar in February, 20 working days, the norm of working time with a five-day working week is 159 hours.
The working day on February 20, Befus and Tsisar is paid in full, since the reduction of working hours by one hour on this day is established by the Labor Code of the Russian Federation. For February, employees will be credited with 35,000 rubles. (35,000 rubles : 20 days x 20 days) Befusu and 35,000 rubles. (1750 rub/day x 20 days) To Tsisar.
Since Hvornum is paid on the basis of an hourly wage rate, the unworked one hour due to the reduction of the working day on February 20 is not paid. This month, accruals are made to him for 159 hours worked, the required amount will be 34,980 rubles. (220 rub/h x 159 h).

Pieceworkers are paid according to the amount of work done, not the number of hours they put into it.

Example 2. Pieceworkers Kraichik L.N. work in the organization. and Allison M.V. Employment contracts with employees indicate that one standard hour of work (output of 15 units of production) is paid at a piece rate of 250 rubles. On February 20, Krajczyk fulfilled the labor norm, in seven hours he produced 105 units of products, while Allison specified time produced only 95 units.
For the specified pre-holiday day (reduced by one hour), Kraichik is charged 1,750 rubles. (250 rubles x 7 hours).
Ellison on that day fulfilled the plan by 90.48% (95 units: 105 units x 100%), in connection with this, his accruals will amount to 1583.33 rubles. (250 rubles x 7 hours x 90.48%).

In the above Decision of the Armed Forces of the Russian Federation N GKPI06-963, the provision of Part 2 of Art. 95 of the Labor Code of the Russian Federation. According to this norm, in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, one hour of processing is compensated:
- providing the employee with additional rest time;
- with the consent of the employee, payment according to the norms established for overtime work.
Article 152 of the Labor Code of the Russian Federation, which regulates payment for overtime work, expressly stipulates that, at the request of the employee, overtime work instead of increased pay can be compensated by providing additional rest time, but not less than the time worked overtime.
One of the basic principles of legal regulation of labor relations and other relations directly related to them in accordance with par. 5 st. 2 of the Labor Code of the Russian Federation recognizes the provision of the right of each employee to fair working conditions. According to the norm of this paragraph, the duration of additional rest time during processing, which is not less than the time of this processing, corresponds to the principle of ensuring the right of every employee to fair working conditions.
Based on this, an employee who has worked on the pre-holiday day, which is generally reduced by one hour, is entitled to at least one hour of additional rest. The procedure for its provision should be determined by the employer's documents regulating labor relations.
The list of industries or positions in which, due to the nature of work, employees cannot be reduced the duration of work (shift) on the holidays, and the procedure for compensation for overtime work of the organization is quite logical to provide for in a collective or labor agreement, as well as in a local regulatory act.
In the collective agreement, the employer may prescribe various forms compensation. In addition to the procedure for accounting for processing, the document can stipulate the possibility of summing up processing, which will subsequently allow the employee to get a full day of rest. When determining the conditions for providing compensation for processing on the holiday day, it is also necessary to establish the procedure for paying for such work (for example, describe the procedure for requesting employees to choose the type of compensation, etc.).
Note that in order to apply the norms provided for by the collective agreement, all employees of the organization must be familiar with them.
The provision of additional rest time can be provided for in the shift schedule (for shift work with a summarized accounting of working time). In this case, the schedule takes into account shifts of employees minus hours worked overtime. So, for persons who worked a full shift on the pre-holiday day (without a reduction by one hour), the schedule provides for shifts minus the overworked hour. To prevent this from happening simultaneously for all the indicated persons, such a shift is established for each of them in turn. At the same time, the employee is given the right to decide when he uses this hour for personal purposes - at the first hour of the start of the shift or at the last. Moreover, the employee must make a decision in advance. This option can be applied if the organization has employees who can replace those who come to work later (leave work earlier) due to the provision of additional rest time. Otherwise, to replace the vacationer, you will have to involve another employee to work overtime or work on a day off.
Including such days in the shift schedule makes it somewhat difficult to compile it. After all, according to part 4 of Art. 103 of the Labor Code of the Russian Federation, the shift schedule must be brought to the attention of employees at least a month before its entry into force.
The issuance of an order (instruction) of the employer on compensation to the employee eliminates this shortcoming. If a local regulatory act establishes a list of works in which, in accordance with Part 2 of Art. 95 of the Labor Code of the Russian Federation, working time on the holiday does not decrease, then after the day on which the processing took place, an order is issued. It indicates the last name, first name, patronymic and position of the employee who is entitled to additional rest, the day when the processing took place, its reason and the period of time for which the rest is provided. As the basis for such an order, there may be a statement from the employee in which he indicated the desired type of compensation. With the order of the employee must be familiarized under the signature.
The Labor Code of the Russian Federation does not establish a period during which an employee is provided with additional rest time as compensation for processing on holidays. Therefore, in the local regulatory act of the organization, it is desirable to establish the rules for providing additional rest time. At the same time, it is necessary to keep a record of the processing time in such a way that compensation is necessarily made. Otherwise, it is possible to bring the employer to administrative responsibility for violating the law governing working hours and rest time for employees.
In return for providing additional rest time, processing on the pre-holiday day, with the consent of the employee, may be paid. The decision on this type of compensation can be made by the employee both before and after work on the eve of the holiday. The employee shall be notified verbally or in writing of the possibility of receiving monetary compensation for hours worked.
If the employee is notified of the possibility of receiving monetary compensation by the employer in writing before the start of work and agrees to payment, then the document in which the employee confirmed in writing the desire for the type of compensation in question is indicated on the basis of the order for payment of overtime. Such a document may be an offer signed by the employer, in which the employee is given the right to choose the type of compensation.
An employee can write a personal statement addressed to the employer for payment of an overtime hour on a pre-holiday day, which is calculated according to the norms for overtime pay.
To pay compensation, the employer issues an order on the basis of a document that sets out the wishes of the employee by type of compensation. The employee is familiarized with the order under the signature.
As you can see, the replacement of an employee with additional rest time by paying compensation to him can be carried out only with the consent of the employee himself. The presence of a condition in a collective or labor agreement, according to which processing on holidays in all cases is compensated to employees exclusively by payment according to the norms established for overtime work, infringes on the rights of the employee.
Regulation of labor relations and other directly related relations in accordance with Part 1 of Art. 9 of the Labor Code of the Russian Federation can be carried out by concluding, amending, supplementing labor contracts by employees and employers. On the basis of part 2 of this article, collective and labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the specified contracts, they are not subject to application.
When using the unified form N T-13 to record working time, in the upper lines of column 4, opposite the employee's last name, when working during the daytime, the letter code I or digital 01 is affixed, and the duration of work is indicated in the lower lines in hours, minutes. When processing on a holiday day, lines can be added to the timesheet form opposite the last name of the overworked employee and the letter code C or digital 04 must be entered in them, and below - the time worked by the employee in excess of the established norm of 1 hour.
Processing for one hour in continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, in our opinion, is not overtime work referred to in Art. 99 of the Labor Code of the Russian Federation.
Recall that overtime work in accordance with Part 1 of Art. 99 of the Labor Code of the Russian Federation is work performed by an employee at the initiative of the employer outside the established working time for him - daily work (shift), and with the summarized accounting of working hours - in excess of the normal number of working hours for the accounting period.
In the case provided for by Part 2 of Art. 95 of the Labor Code of the Russian Federation, there is no reduction in the working day or shift, therefore, work is not performed outside the working hours established for the employee.
If we assume that work for one hour in this case is overtime work, then all the provisions of Art. 99 of the Labor Code of the Russian Federation. As a general rule, the involvement of an employee in work requires his written consent and consideration of the opinion of the elected body of the primary trade union organization. And this, in turn, would make the work of continuously operating organizations impossible if workers refused to work overtime. Such an approach would not correspond to the task of optimal coordination of the interests of the parties to labor relations (part 1, article 1 of the Labor Code of the Russian Federation).
Since work for an hour in the case provided for by Part 2 of Art. 95 of the Labor Code of the Russian Federation, is not overtime work under Art. 99 of the Labor Code of the Russian Federation, in order to involve an employee in such work, compliance with the requirements of the specified article is not required. 99 of the Labor Code of the Russian Federation, including:
- obtaining the written consent of the employee;
- taking into account the opinion of the elected body of the primary trade union organization;
- registration of the employer's order on attraction to overtime work.
All in the same part 2 of Art. 95 of the Labor Code of the Russian Federation states that processing is compensated by payment according to the norms established for overtime work. Overtime work is paid at an increased rate: for the first two hours - at least one and a half times, for the next hours - at least double the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulatory act or an employment contract (Article 152 of the Labor Code of the Russian Federation).
As you can see, for the one hour worked, which is subject to reduction on the holiday day, the employee is supposed to accrue a one and a half hourly wage rate, unless the collective or labor agreement or local act of the organization provides for a larger amount of such payment.

Example 3. Employee Bolelli V.V. a 12-hour work shift was established, according to the schedule, one of them fell on February 20, 2016 from 8:00 to 20:00. The employee has an hourly rate of 220 rubles per hour.
Due to the continuous technological process, the employee's working hours on the pre-holiday working day cannot be reduced. According to the regulation on remuneration of workers employed in continuous production, on pre-holiday working days, working time is not reduced by one hour. One hour of overtime is paid according to the norms established for overtime work by the collective agreement: all hours of overtime are paid double.
Payment for the time actually worked on February 20 is 2420 rubles. (220 rubles / h x 11 hours), payment for one hour worked overtime is 440 rubles. (220 rubles / h x 1 h x 2), in total for the specified working pre-holiday day Bolelli was charged 2860 rubles. (2420 + 440).