By the Decree of the President of the Russian Federation of 20.10.2021 No 595 "On the establishment on the territory of the Russian Federation of non-working days in October-November 2021" the days from October 30 to November 7, 2021 inclusive are declared as non-working days.
The decree was published on the official Internet portal of legal information on 20.10.2021.
The non-working days were announced in order to prevent the further spread of the new coronavirus infection (COVID-19), and to improve the health of citizens of the Russian Federation.
Regional authorities, taking into account the sanitary and epidemiological situation in the constituent entity of the Russian Federation, can establish non-working days earlier and extend them after November 7. So, for example, by the Decree of the Mayor of Moscow from 21.10.2021 No. 62-UM in the city of Moscow, the days from 28.10.2021 to 07.11.2021were declared as non-working days.
On these non-working days, the wages of employees who will be excused from work must be retained in full.
We remind you that November 4 is a non-working public holiday, and the days from October 30 to 31 and November 5 to 7 are days off in accordance with the Industrial calendar for 2021 for a five-day working week.
With regard to the approval of this Decree, employers should determine the number of employees who will ensure the functioning of their organizations from October 30 to November 7, 2021 inclusive.
To organize work during non-working days, we recommend issuing an order for the company, in which it is determined which of the employees will work on the days from 30.10.2021 to 07.11.2021. The order must be communicated to all employees according to the procedure established in the company.
Due to the establishment of non-working days, employers should keep in mind the following:
- It is not required to get the consent of employees to work on non-working days from October 30 to November 7, since in this case the employer does not involve employees in work, but, on the contrary, frees them from work.
- We do not recommend attracting employees to work on days off and non-working public holidays, which are such according to the Industrial calendar.
- For employees who will perform job duties in the period from 30.10.2021 to 07.11.2021, the code "Я" is indicated in the timesheet. For employees who will be excused from work during this period, the code approved by the order of the company ("НОД"," НО") is indicated in the timesheet.
- If an employee has a scheduled vacation in the days from 30.10.2021 to 07.11.2021, then the employer is not obliged to postpone it for another period or extend it. Vacation can be postponed to another period by agreement between the employee and the employer.
- If the termination of an employee is planned for the period from 30.10.2021 to 07.11.2021, it is recommended to agree with the employee on another date of termination - the nearest working day or the last working day of October. In each specific case, the issue should be resolved individually. Unicon Outsourcing specialists can give recommendations.
- If a business trip is planned for the period from 30.10.2021 to 07.11.2021, then it is necessary to assess its feasibility, because the company to which the employee is planned to be sent may not work on these days. In addition, given that non-working days were introduced in order to restrict the movement of citizens from one region to another, such official trips would contradict the purpose of the non-working days announced by the President of the Russian Federation.
- The non-working days declared by the President do not belong to the category of days off or non-working holidays, which are established by the Labour Code of the Russian Federation, therefore there are no grounds for postponing the date of payment of wages. However, non-working days also refer to credit institutions, so the date for the transfer of wages should be agreed with the bank.
- The non-working days declared by the President do not belong to the category of days-off or non-working public holidays, which are established by the Labour Code of the Russian Federation, therefore they are not subject to the rules for paying for work on such days at an increased rate. However, if the employer wants to additionally encourage employees who will work on non-working days, then the employer has the right to do this at its own discretion.
- Non-working days from November 1 to 3, 2021 do not reduce the standard working hours for November 2021, established by the Industrial calendar. If the employees do not work these days, their individual working hours are reduced.
- Non-working days and payments for this period are excluded from the calculation of average earnings.
- Legislation on taxes, fees and other payments contains a rule that allows you to postpone the deadline for submitting reports if the last day of such a deadline falls on the day established by an act of the President of the Russian Federation as a non-working day. However, it is recommended that the reporting be submitted within the established deadlines.
