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bpGusar2018-11-12 22:42:03
Law in IT
bpGusar, 2018-11-12 22:42:03

Can an employer oblige to work on public holidays without paying them?

Need answers from people in the know.
The conditional employer says that "we work here on all holidays, and even on New Year's, on ng you will rest only 2 days and on the 3rd you will go to work."
Is it legal? And is it normal at all? What if I want to work in this company but there are such rules?

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9 answer(s)
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freeExec, 2018-11-12
@freeExec

Labor Code of the Russian Federation Article 113
Yes, this is possible in case of production necessity with the consent of the employee, with the exception of cases of elimination of accidents and cataclysms. To do this, the director issues a special decree indicating who, when and why goes on holidays and overtime.

D
Dimonchik, 2018-11-12
@dimonchik2013

only 2 days

a letter from a farmer from the army:
mom, it's so great here, you can sleep right up to 6 in the morning ...

S
spaceatmoon, 2018-11-13
@spaceatmoon

Read the Labor Code of the Russian Federation a disgrace. Many questions will disappear on their own.

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Artem Voronov, 2018-11-12
@newross

No, not legal.
No, not normal. If there is a need for overtime, a normal employer agrees and compensates either according to the Labor Code or on days off after overtime.
It is worth thinking very carefully about whether it is worth going to work in such a company at all.

M
Moskus, 2018-11-13
@Moskus

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

Thus, if the office does not deal with emergencies, stories about the actual cancellation of several weekends in a row are bullshit.

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Roman Terekhin, 2018-11-13
@RomaZveR

You got into a typical LLC-sharashka, in which the authorities think that for a conditional thousand bucks you are their slave 24/7.
There are 4 triggers at the interview:
1. Official minimum wage or less than 50% of the actual salary, the rest is black.
2. Weekends and holidays in words, for work on legal weekends they do not pay a double rate / do not pay at all.
3. They are silent about the reason for the dismissal of the previous employee of your position.
4. Signs of "effective management": daily kilotons of reports at the end of the working day to the supreme drone; total control over the employee, ideally through a webcam and a remote desk, 5 minutes without poking the code? - fine.
If at least one item worked, avoid such companies, even if they promise to pay good money.

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CityCat4, 2018-11-13
@CityCat4

Is it legal?

No.
Norm is a relative category. In Madagascar, as far as I remember, a “trial marriage” is considered the norm for a month, after which the “spouses” can disperse if it doesn’t take off ...
Wear sweaters with a collar - they will close the collar :) Which one will be put on your neck there :DDD If you want to work on such conditions - work. Pretty soon, the understanding will come that money that there is no time to even spend is just a bunch of pieces of paper ...

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aderes, 2018-11-13
@de-iure

Is it legal? And is it normal at all? What if I want to work in this company but there are such rules?

1) While no one disputed, then taking into account the presumption of innocence - legally;
2) For the employer it may be normal (I don’t know the specifics of the job), for the employee it may not be (I don’t know the circumstances), or maybe vice versa ... everything is relative;
3) Rules are an agreement between two or more parties that can be observed, violated, changed, terminated... so choose the option that you are interested in... probably change - negotiate... failed to comply or violate... do not allow circumstances - stop.
Well, about the existence of the Labor Code of the Russian Federation and some requirements and obligations for employers and employees, I think you can guess ... see the info for yourself.

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