Based on the meaning of Article 93 of the Labor Code of the Russian Federation, one of the parents of a child under the age of fourteen has the right to count on the establishment of part-time work. Based on the foregoing, we believe that in order to establish the fact that the second parent of a child under the age of fourteen does not use the right to work part-time (a week), on the same basis, the employer has the right to request a certificate of his mode of work. Wage indexation is the fourth point that employers should pay attention to. As Article 134 of the Labor Code of the Russian Federation tells us, ensuring an increase in the level of the real content of wages includes the indexation of wages in connection with an increase in consumer prices for goods and services.

Article 153 of the Labor Code of the Russian Federation. wages on weekends and non-working holidays

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.
Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of three years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

153 tk rf changes 2018

N 90-FZ) (see the text in the previous edition) Work on a day off or a non-working holiday is paid at least twice the amount: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.

Article 153. Remuneration for work on weekends and non-working holidays

Attention

State bodies, local self-government bodies, state and municipal institutions index wages in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms, other employers - in the manner established by a collective agreement, agreements, local regulations. As published on the website of Rostrud, the employer is obliged to index wages in connection with an increase in consumer prices for goods and services (Art.

134 of the Labor Code of the Russian Federation). At the legislative level, the procedure for such indexation is not defined, but this does not relieve the employer from the obligation to index. The procedure for indexation of wages is determined in the collective agreement, agreement, local regulatory act.

Changes in the labor code from January 1, 2018

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract. Another commentary on Art. 153 of the Labor Code of the Russian Federation 1.

On the procedure for engaging in work on weekends and non-working holidays, see Art. 113 of the Labor Code of the Russian Federation and commentary to it. 2.

Changes in the Labor Code of the Russian Federation from July 1, 2018

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the following cases: 1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; 2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property; 3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

Labor Code of the Russian Federation (TC RF)

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract. Commentary on Article 153 of the Labor Code of the Russian Federation Performance of work on weekends and non-working holidays in accordance with applicable law also applies to work in conditions that deviate from normal.

Article 153 of the Labor Code of the Russian Federation provides that the specific amounts of remuneration for work on weekends and non-working holidays are established in a collective agreement, a local regulatory act, and an employment contract. This provision emphasizes that the dimensions established by the commented article are minimal.

They can be increased by agreement of the parties to the social partnership or the parties to the employment contract. This can also be done in a local regulatory act, which in this case should be adopted taking into account the opinion of the representative body of workers. 2. Work on a weekend or non-working holiday (see commentary to article 113) must be compensated.

In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

(as amended by the Federal Law of February 28, 2008 N 13-FZ) (see.

153 nr rf changes 2018

The procedure for determining the amount of payment depends on the system of remuneration: - with a piecework system of payment, piecework rates are applied, increased by at least two times; - with a time-based payment system using hourly or daily tariff rates, the corresponding rates increase at least twice; - with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, an additional payment in the amount of at least an hourly or daily tariff rate is established to the official salary; - with a time-based wage system using monthly salaries, if work on a weekend or non-working holiday was carried out in excess of the monthly norm of working time, an additional payment in the amount of at least double the hourly or daily wage rate is established to the official salary.

Article 153 of the Labor Code of the Russian Federation with amendments for 2018 with comments

Important

Article 153 of the Labor Code of the Russian Federation establishes two types of compensation for work on weekends and non-working holidays: increased pay and the provision of another day of rest. The right to choose the type of compensation belongs to the employee.

Info

Since involvement in work on weekends and non-working holidays is possible only with the written consent of the employee, it is advisable to determine the type of compensation in it. In the absence of a written application by the employee to provide him with another day of rest as compensation for work on weekends or non-working holidays, an increased payment is made.

3. When an employee chooses an increased payment, it is made at least in double the amount.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

2015 has not undergone any changes. The norm defines the procedure for calculating salaries for employees on weekends and holidays. Let's take a look at the rules article 153 of the Labor Code of the Russian Federation of 2016.

Calculation procedure

Article 153 of the Labor Code of the Russian Federation establishes that work on a holiday and day off is paid at least double the amount. The norm defines specific rules for certain categories of employees. In particular, payment is made:

Specific wages may be provided for in a collective agreement, a local act, which is approved taking into account the opinion of the trade union or an employment contract. Part 3 of Article 153 of the Labor Code of the Russian Federation establishes that at the request of an employee who carried out professional activities on a holiday or day off, he may be given another day to rest. In this case, the salary is calculated in a single amount. Leave is not paid.

Additionally

Article 153 of the Labor Code of the Russian Federation classifies workers in the media, video and television crews, concert, theater institutions, circuses, cinematographic organizations, as well as other persons involved in the performance / creation of works, into a separate category. Payment for their work on holidays and weekends may be determined on the basis of a labor or collective agreement.

Comments on Article 153 of the Labor Code of the Russian Federation

The implementation of professional activities on holidays and weekends, the legislation refers to work in conditions that deviate from normal. As a general rule, this situation is not allowed. The involvement of citizens in activities on holidays and weekends is carried out with their consent, drawn up in writing, if it is necessary to perform unforeseen tasks, the urgent implementation of which subsequently determines the normal functioning of the enterprise as a whole or its individual divisions. Article 153 of the Labor Code of the Russian Federation, allowing the employment of employees in excess of time limits, establishes a number of guarantees for them.

Exceptions

As mentioned above, the involvement of persons in overtime activities is carried out with their consent. However, the legislation provides for cases where it is not required. In particular, it is allowed to involve citizens in activities on a weekend or holiday for:

In all other situations, in order to involve workers, their consent must be obtained. As compensation for the use of leisure time a 153 article of the Labor Code of the Russian Federation provides for higher pay.

Nuances

On holidays / non-working days, it is allowed to perform professional tasks, the suspension of which is impossible due to production and technical circumstances. In particular, this is typical for continuously functioning enterprises. In addition, work is allowed, caused by the need to provide services to the population, associated with urgent repairs, loading and unloading. Engaging women with dependents under three years of age, disabled people to perform professional duties on weekends and holidays is permitted provided that this is not contraindicated for them in accordance with the conclusion issued by a medical institution in the manner determined by federal law or other regulatory documents. These persons must be familiarized under the signature with the right to refuse from activities on rest days. Attracting persons on weekends and holidays is carried out by order of the employer.

Calculation specifics

An employment or collective agreement may provide for higher remuneration for professional activities, in comparison with the established Art. 153. If the work was partially carried out on a holiday, then only those hours that were included in the overtime day are compensated. The legislation allows the replacement of payment for the day off.

In this case, the employee will not receive an increased salary. In this case, leave will not be paid.

Conclusion

In the course of the enterprise's activities, various situations may arise in which overtime involvement of employees may be required. The tenant must comply with the rules established by law. In particular, it is necessary to obtain the consent of citizens (in writing) for their implementation. In addition, employees must be compensated for unused hours / days of rest with cash payments. The law prescribes the calculation of wages for work on weekends or holidays at a double rate. This requirement is aimed at realizing the right of citizens to receive decent wages for their work. Art. 153 is dispositive in nature, providing for the employee's ability to refuse compensation in exchange for another day of rest. At the same time, a citizen must understand the consequences of their actions. Receiving a different day of rest, he loses the increased payment for his professional activities carried out on a weekend or holiday.

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.

Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

The provisions of Article 153 of the Labor Code of the Russian Federation are used in the following articles:

• Overtime pay

  Work performed in excess of the norm of working time on weekends and non-working holidays and paid in an increased amount or compensated for by providing another day of rest in accordance with Article 153 of the Labor Code of the Russian Federation is not taken into account when determining the duration of overtime work payable in an increased amount in accordance with part one of this article.

• Regulation of the labor of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works

  Peculiarities of regulating the labor of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in particular, the peculiarities of regulating working hours and rest time (including breaks of a technological and (or) organizational nature, the duration of daily work (shift), work at night, weekends and non-working holidays), wages, in accordance with Article 252 of the Labor Code of the Russian Federation are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and in cases provided for in Articles 94, 96, 113, 153, 157 and 268 of the Labor Code of the Russian Federation, also labor contracts.

New edition Art. 153 of the Criminal Code of the Russian Federation

Substitution of a child, committed for selfish or other base motives, -

shall be punishable by deprivation of liberty for a term of up to five years, with a fine in the amount of up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 18 months.

Commentary on Article 153 of the Criminal Code of the Russian Federation

1. The public danger of the crime lies in the fact that the discovery of a child substitution is a tragedy, a moral blow for parents and, as a result, can lead to serious consequences for the family and its members.

1.1. The commented article consists of one part, fixing the main corpus delicti. The act under Art. 153, belongs to the category of crimes of medium gravity.

2. The object of criminal encroachment is public relations that guarantee the inadmissibility of arbitrary interference by anyone in family affairs, the right of a child to know his parents, the right to their care, to live together with them, to be brought up by his parents (part 1 of article 1, part 2 article 54 UK).

3. The objective side of the corpus delicti is expressed in the substitution of a child.

3.1. Child substitution means that the perpetrator replaces someone else's child with his own or another someone else's child. The meaning of the comment article, substituting the child, the perpetrator expects that the fact of substitution will not be detected. The child can be replaced in the first days after childbirth, when the mother, for various reasons (loss of consciousness, fainting, mental disorder, etc.), did not see the child (for example, before the first feeding) or did not remember him. The child can be replaced not only in the maternity hospital, but also on the way home from the maternity hospital, on the street, in a store, at the place of residence, etc. At the same time, the perpetrator counts on the fact that the child was not remembered by his parents and other persons.

4. The crime is considered completed at the time of the replacement of the child.

5. From the subjective side, the crime is characterized by guilt in the form of direct intent.

6. An obligatory sign of the subjective side is the motive - self-interest or other vile motives.

6.1. A crime is committed out of self-interest, if the perpetrator performs the substitution of a child, wishing to receive in return money, other valuables, services of a property nature, or to avoid material costs.

6.2. Under other base motives is understood the substitution of a child out of revenge, jealousy, hatred, the desire to get a physically healthy child, to raise your child in someone else's prosperous family, etc.

7. The subject of the criminal encroachment is a physical sane person who has reached the age of 16. At the same time, most often the replacement of the child is carried out by employees of maternity hospitals.

Another commentary on Art. 153 of the Criminal Code of the Russian Federation

1. The objective side of the crime is expressed in the substitution of a child, which means the unlawful removal of a child and replacing it with another. In the event that a child is removed without replacement, criminal liability arises not for the replacement of the child, but for kidnapping (clause "d" part 2 of article 126 of the Criminal Code of the Russian Federation).

2. The crime has a formal composition and is considered completed from the moment of the actual substitution of the child.

3. An obligatory sign of the subjective side is the motive - selfish or other vile motives. Selfish motives suggest the desire of the guilty person to extract some material benefit.