Around additional output 22 APR sparked controversy: can not pay

Paid day off on 22 April approved by the decree of the President of the Russian Federation. By law, employers in the public sector or commercial, to circumvent the decree can’t. Trade Union leader Mikhail Shmakov declared that the “legal point of view,” this day will be paid, and employers do not force employees to register it as an unpaid leave. We are talking about employees receiving salaries.

the First Sered of the Federation Council Committee on social policy Valery Ryazan said: according to the Labour code, any employer must pay its employees the day off, if the decision was taken by Federal law or presidential decree. The Senator gave another important clarification: the Russians engaged in piece work will also pay for that day. “They will receive the calculated average salary. Days without work stilistov are paid at the normal rate,” – said the Ryazan.

Thus, payment for this day must be made as for any other long familiar to us “red letter day”. Of course, it may happen that the employer will ask the employee to come to work. In this case, labour law, working (or working hours) in the output is to be paid in double size.

in reality, However, the legitimate output workers can not get. “We have labor laws is generally not very respected. Therefore, even the decree of the President of the organization may be neglected, warns ex-Deputy Minister of labour and employment Paul Kudyukin, Workers of sphere of services and meals, most likely, will kindly ask to leave on schedule, shops and cafes has to work. Another option is the bypass of the decree can be: exciting, you will find a way not to pay. Employees of this might even not notice. In Russia in most organizations, the salary is composed of salary, bonuses and allowances. So pay is not fixed, and their size is different month to month. This also applies to the budget. For example, in the structure of wages in education, the accountant part of the OSconsists of approximately 20%, the rest — all sorts of bonuses. Go figure it out — considered this sudden output or no!”.

Member of Association of lawyers of Russia Dmitry lesniak says that if you want employees who aren’t given a legal holiday or is not paid it can attract the employer to liability. “Can I report an employer in the labor dispute Committee or court. But for those who are doing the usual five days. If the employee works in shifts, it is necessary to see the conditions of the employment contract,” – said the lawyer.

However, the Commission should not be unfounded. The employee must present evidence of, and this can cause problems. If the case goes to court, the investigation may require surveillance cameras, financial documents, payroll. But in reality, before the trial of employment cases go rare. Employers in the Arsenal is usually a lot of mechanisms of influence on employees, ranging from fines to termination, the invalidity of which can prove units.

“the authorities do not intend to close the day hospitals, shops and to drive to the polls everyone. They need to ensure the turnout, and that’s enough for those employees who instead of working go to vote,” said lesniak. According to lawyers, the task to punish those employers who ignore the decree of the President, the authorities have no.