Educational program: can an employer refuse to let you go an hour earlier on a holiday?

CrimeaPRESS reports:

Alexander Yuzhalin, head of the legal practice at SuperJob, says.

The right to shorten the working day on a pre-holiday day applies to all employees working under an employment contract, with some exceptions.

In accordance with Article 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour. It does not matter what mode the employee works under — this rule applies to everyone. Even if an employee works part-time or on a part-time basis (for example, several hours a day), his pre-holiday working day is still reduced by an hour.

However, in some organizations that cannot suspend work, shortening the pre-holiday working day by an hour is simply impossible for production reasons. In such organizations, employees who have worked a full pre-holiday day are compensated for overtime by providing additional rest time or, with the consent of the employee, payment according to the standards established for overtime work.

The employer has the right not to leave an hour earlier on the day before a holiday, if we are talking about continuously operating organizations where a break in work cannot be allowed. In other cases (for example, if the organization operates on a standard five-day workweek schedule), the employer does not have the right not to reduce the length of the working day on the eve of a non-working holiday.

It is important to understand that we are talking only about pre-holiday days that precede the official non-working holidays established in the Russian Federation. The list of such non-working holidays is established in Art. 112 Labor Code of the Russian Federation. In other words, the employer is not obliged to shorten the working day by an hour on the eve of a regular day off or a holiday that does not have the status of a non-working holiday.

If the employer does not let go, but the employee left earlier, as expected, and then he was subject to disciplinary action, how to challenge the punishment?

First of all, it is recommended to contact the employer with written demands to cancel the order of disciplinary action. To substantiate your demands, you must refer to Article 95 of the Labor Code of the Russian Federation.

If the employer does not voluntarily comply with the employee’s demands, the employee has the right to appeal the order of disciplinary action by contacting the state labor inspectorate and (or) the court. This right is granted to employees by Article 193 of the Labor Code of the Russian Federation. The most effective option is to immediately apply to the court with a request to cancel the order of disciplinary action. It should be remembered that the employee has three months after becoming familiar with the order for collection, during which he can go to court. This can be done either at the location of the employer or at the place of residence.

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