Анастасия Мазова
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Минтруд Росии подготовил проект Постановления Правительства РФ «О переносе выходных дней в 2022 году». Так, всего в 2022 году нас ожидает 247 рабочих и 118 выходных и праздничных дней. За счет переноса выходных дней с субботы 1 января и воскресенья 2 января на два дня будут продлены майские праздники (дополнительными выходными станут 3 мая и 10 мая), с субботы 5 марта будет перенесен день на понедельник 7 марта. Напомним, при совпадении выходного и нерабочего праздничного дней выходной день переносится на следующий после праздничного рабочий день (ст. 112 ТК РФ).
Таким образом, в следующем году на празднование Нового года будет отведено 9 дней (1-9 января), по три дня будут длиться праздники, приуроченные к Международному женскому дню (с 6 по 8 марта), ко Дню народного единства (с 4 по 6 ноября) и ко Дню России (с 11 по 13 июня). На День защитника Отечества россияне будут отдыхать один день (только 23 февраля, среда). Майские праздники будут разделены на две части – первая продлится с 1 по 3 мая, а вторая – с 7 по 10 мая. 31 декабря выпадает на субботу.
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Перенос дней отдыха Правительство РФ утверждает ежегодно. Он требуется для рационального планирования рабочего времени и учета интересов граждан при организации полноценного отдыха не только в зимнее время, но и в весенне-летний период. Как ранее разъяснял Роструд, отдых в праздничные дни не влечет уменьшения заработной платы, что является дополнительной гарантией для работников. Однако оплата таких дней различается в зависимости от действующей у работодателя системы оплаты труда. Для работников, получающих оклад, наличие в календарном месяце нерабочих праздничных дней не является основанием для снижения им зарплаты. В свою очередь, работники, которым установлены часовые (дневные) ставки либо труд которых оплачивается сдельно, за нерабочие праздничные дни, в которые они не привлекались к работе, должны получать дополнительное вознаграждение (с целью недопущения существенного снижения размера зарплаты из-за уменьшения количества рабочих дней в тех календарных месяцах, в которых имеются нерабочие праздничные дни) (Рекомендации Роструда по вопросам соблюдения норм трудового законодательства, регулирующих порядок предоставления работникам нерабочих праздничных дней). Проект документа размещен на федеральном портале проектов нормативных правовых актов представлен на общественное обсуждение и независимую антикоррупционную экспертизу 4 июня.
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