When weekend work is not contrary to labor law

In labor law previously applied, the need for production was defined as work outside normal working hours or with transfer to another job, from which depended the normal operation of the enterprise or its separate divisions. In case of such need the company's management had the right to transfer employees for the work that was not stipulated in their official duties or employment contract. The refusal of the employee without good reason for such a translation was considered a violation of labor discipline.

In the current article 113 of the labour code contains direct prohibition to attract employees to work on weekends and holidays. This article provides a list of exceptional cases where this is possible. For example, the execution of works related to the prevention of accidents, industrial accidents, accidents, and damage and destruction of property and material values. Allow the execution of overtime work and work not stipulated duties, and in cases of emergency or of martial law, emergency, disaster, or other danger to life or normal conditions for the entire population or only part of it.

In cases where urgent execution of the works, depends on the normal operation of enterprises the involvement of employees is possible only with their written consent. This is not to attract to this work of persons with disabilities and women who have young children under 3 years of age. Even if these categories of staff agreed to participate in such works, they must be familiar with the position of the law granting the right to refuse them.

How to avoid litigation

When hiring employees to work on weekends and holidays, in accordance with article 72.1 and 72.2 of the LC RF, should be guided by the Resolution of the Plenum of the Supreme Court of the RF No. 2 dated March 17, 2004 "On application by courts of the Russian Federation Labor code of the Russian Federation". It States that the duties of the employer to prove the existence of circumstances that allow employees outside of school time. Such work should not be contraindicated to the employee for health reasons and should be performed only under the condition of meet safety requirements and labour. In the case where the employee has to perform work involving lower qualification requirements, your consent to their implementation he should confirm in writing. Only at observance of all requirements of the law absence from work or refusal of employee to comply is considered a truancy, or violation of labor discipline.