There are situations when an employee takes a vacation that includes workers or holidays. The question arises: if vacation falls on holidays or weekends, are these days included in the vacation period? After all, the employee could rest without vacation, and in the legislation, vacation days and holidays are listed separately. From a logical point of view, holidays and weekends should not be included in the vacation period. Let's see what the labor legislation says about this.
Unfortunately for the employee, days off are part of the vacation. This means that they will not be deducted from the holiday period. But there is good news - days off on annual leave are paid in the manner prescribed for vacation days.
Do public holidays count as vacation?
A positive point for the employee is that non-working holidays are not included in vacation. If there are holidays during the vacation period, the vacation is extended by this number of days. The negative point here is the opposite of the previous point - non-working days are not paid by the employer.
According to the law, holidays include:
- New Year holidays
- Christmas
- Defenders of the Fatherland Day
- International Women's Day
- Labour Day
- Victory Day
- Russia Day
- National Unity Day
- Holidays of the constituent entities of the Russian Federation that are religious.
So, holidays are not included in the vacation period. It is important that this rule applies to annual (main, additional) vacations.
Employees may have a question: if a holiday falls on vacation, and it is the first in the vacation period, will the employer provide the opportunity to take such a vacation? Employees should be reassured - the employer will not be able to refuse leave on this basis. The first day of such leave for an employee is counted from the day following the holiday.
Let's take a situation as an example. An employee wants to take 12 days off from June 12. Whether he takes it from June 12th or June 13th, his end will be on June 24th, since the 12 days are counted from June 13th.
Do days off count as unpaid leave?
As already mentioned, when an employee is granted annual leave, weekends are included in it, but holidays are not. But often employees take other types of leave - leave at their own expense is widespread. How are weekends and holidays counted?
Bad news for employees: neither holidays nor weekends affect the duration of unpaid leave. Obviously, the legislator proceeds from the fact that provision is the responsibility of the employer, and he must provide the employee with a number of vacation days no less than those provided for by law. All employees should be treated equally in receiving leave. If one has holidays on vacation, but the other does not, and the latter’s holidays are included in the vacation period, then the first employee will celebrate the holiday, since this is his legal reason not to work, and the second - on the basis of vacation. It turns out that the latter would be deprived of the right to rest on a non-working holiday.
In a different situation. The employee takes leave for personal reasons, and in situations not directly provided for by law, the employer is not even obliged to provide it. An employee has the right to ask for leave without pay during the period that suits him, and whether it includes weekends or holidays is not important. Therefore, the rule about excluding holidays if the leave falls on a public holiday is not valid for unpaid leave.
Is it possible to divide the vacation in such a way that weekends are not included in it?
Employees may be interested in the question of whether it is possible to divide the vacation period in such a way that weekends do not fall into it, thus increasing vacation due to weekends. This can actually be done, since labor legislation allows you to divide vacation into parts. You just need to follow the rule that one part of the vacation must be at least 14 days.
Let's give an example. The employee wants to take a week off from work from August 22 to 28, 2016. Provided that the other part of his vacation was greater than or equal to two weeks, he can proceed in two ways. Knowing that August 27 and 28 in 2016 fall on Saturday and Sunday, the employee asks to be given leave in the period from August 22 to 26. In fact, he rests until the end of the week. Maybe he can take vacation for the whole week, including weekends.
The last option may seem unreasonable, but we must understand that these two situations are not equivalent. If an employee wants to extend his vacation by taking days off, he has the right to do so. But in this case, weekends are not paid as vacation days, which is unprofitable for the employee. If a full working week is included in the vacation period, the employee will be paid vacation pay for 7 days.
An employee can divide his vacation into intervals of two or three days. But this point is subject to agreement with the employer. This means that the employer may not approve of the employee’s attempt to extend vacation by taking days off. However, there is a positive side to the rule on mandatory coordination of vacation days: the law obliges the employer not to force the employee to include weekends in vacation days in order to reduce his vacation.
Can problems arise if the vacation falls on holidays?
Annual leave, as is known, is provided in accordance with the vacation schedule approved by the employer. If the employer is an individual, then the vacation period is determined by agreement with the employee. Employees try to negotiate with the employer to provide them with a vacation period that is convenient for them. As a rule, they try to take vacations in warm spring or summer days. It is not uncommon for several employees to apply for vacation at the beginning of May, which falls on two holidays - May 1 and May 9.
But the work process does not stop, so the employer often cannot allow employees to go on vacation at the same time. If an employee wants to agree on a vacation in May so that he can have additional rest after the holidays, he may not be able to do this. It is necessary to plan your vacation in advance.
If the employer an individual is not, taking leave in addition to holidays becomes even more difficult since there is a holiday schedule. It should be remembered, however, that certain categories of workers have the right to be granted leave at a time convenient for them. These include minor workers, pregnant women (before and after maternity leave, after parental leave), women with two children under 12 years old, etc. They do not depend on the will of the employer and can take leave at any time. the time that suits them.
The approach of a long-awaited, well-deserved rest from work makes any worker happy. In anticipation of it, especially if this is the first experience of official work, several reasonable questions arise:
- Are weekends (Saturday and Sunday) included in vacation days?
- Are they included? official holidays Russia on vacation days?
Special Examples
You can go on vacation for a short period of time, when there are no days off in between. Then the worker is interested in whether adjacent weekends will be added to the amount of vacation? After all, it depends on how many days of vacation the employee used out of all allotted. Answer: no, weekends will not be added to vacation automatically.
Some special employees (clause 2 of article 19 of the Law of June 26, 1992 No. 3132-1; article 295 of the Labor Code of the Russian Federation), such as seasonal workers or judges, are granted leave in working days, based on a six-day working week. So, Saturday is included in vacation, but Sunday is not included and moves the final date of vacation (Part 5 of Article 139 of the Labor Code of the Russian Federation).
Advice: To avoid calculations, which can get confusing, take a calendar. Count, starting from the first day when the rest provided to you begins, mark each day, including Saturday and Sunday, and “jump over” holidays. This way you can easily decide on the date you will go back to work while planning a convenient time that you can devote to yourself.
All these norms apply only to those workers who are officially employed. Otherwise, no one guarantees compliance with legal norms, since where there is no official employee on staff, there is no responsibility before the law in relation to the worker. The social package belongs to the full-time employees of the enterprise and in case of non-compliance with one of the norms, you can appeal this issue to the relevant authorities.
Many workers, even knowing the standard length of their vacation, strive to extend it by using the same days off. If the vacation also coincides with holidays, a number of questions arise - how do they affect the duration of the vacation and do they increase it?
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Meanwhile, this aspect is regulated by law and quite clearly, given that citizens have the right to rest both on and on holidays.
Concepts
Of course, citizens have the right to work, which consists in the freedom to choose professional activity and employer. But here's to implementing labor activity infinitely impossible due to the same increased load on the body and, as a consequence, the development of many diseases.
That is why employees received the right to rest for a length no less than that established by law in the form of the same basic leave, which is issued annually, along with rest between shifts and lunch breaks on a weekly or daily basis.
The law also approved another type of recreation, which can be classified as social benefit, - we are talking about holidays, during which workers can also rest.
Normative base
The procedure for granting basic leave is regulated by the norms of the Labor Code of the Russian Federation - Chapter 19 of the Labor Code of the Russian Federation. She was approved both the standard length of rest, and the right to due to special conditions of employment, and the same.
Contains Chapter 19 and the procedure for recording holidays, which of course from time to time coincide with the vacations of ordinary workers, as well as their order in order to provide vacationers with the opportunity to rest on both grounds within the framework.
But the list of celebrations during which employees are officially relieved of their duties is already fixed in, where 6 are approved public holidays, not counting the rather long Christmas holidays.
Why do you need a production calendar?
Of course, all citizens already know about the same days off, namely Saturday and Sunday. But many people cannot say offhand what day of the week a particular holiday will fall on, especially if they don’t have a calendar at hand.
But work activity consists not only of everyday work, but also of working hours, to which these days are directly related.
Moreover, these indicators are important not only for ordinary workers, but also for accountants, as well as personnel workers, who calculate the duration of rest and accrue the same wages and vacation pay.
However, it is not always convenient to calculate the same standard of working hours monthly, taking into account all days of rest, which is why it is provided production calendar.
It contains not only all the days during which workers rest, but also the norm of labor time per month.
Are public holidays included in vacation in 2020?
Ordinary citizens know that the coincidence of holidays with the main vacation entails an increase in the duration of rest.
But many are not familiar with the process of determining their number, not to mention such nuances as transfers and other aspects of using holidays throughout the year.
What holidays are we talking about?
As a rule, all workers are aware of the holidays established at the state level, given that we are talking not only about the very fact of upcoming fun, but also relaxation.
Article 112 of the Labor Code of the Russian Federation defines the following days during which employees can legally be relieved of their duties:
- Christmas holidays from the first to the eighth of January;
- February Men's Day;
- March Women's Day;
- May holidays are set on 1 and 9;
- June Day of Russia;
- November Unity Day.
Namely:
- To begin with, all accruals made to the worker over the last 12 months are taken into account based on the period actually worked.
- Then the resulting amount is divided by 12 and 29.3 (the coefficient of the number of days in the month).
- The resulting total, which is daily earnings, is multiplied by the number of days of future rest and thus vacation payments are calculated.
Impact on calculating average earnings
Within the framework of Resolution No. 922, when calculating the average wage, two factors are used:
- earnings;
- billing period equal to a year.
Moreover, if over the past 12 months an employee has already been paid for any period at an average amount, he is excluded from both the period and the total amount.
That is, the same days of illness, as well as the previous vacation, are not included in the total number of specified factors when calculating payments.
Additional payments to piece workers
Holidays are good. What if they were caught on time? non-working days, and if they were also moved, how to deal with it, where to go for advice? Sometimes you want to get more vacation pay, and sometimes you want to go out longer.
Let's try to understand these intricacies using examples. It will be easier to navigate the situation, which won’t hurt at all these days.
How are holidays and weekends taken into account?
Let's start with the fact that not everyone's vacation time is distributed equally, don't be alarmed, there are simply categories of citizens who have additional, so to speak extended vacation. These include:
- Teachers' rest periods are prescribed by the Government of the Russian Federation (Article 334 of the Labor Code of the Russian Federation);
- Doctors of sciences and researchers (RF Decree No. 949);
- People in chemical production;
- People working with chemical weapons (under federal law);
- Doctors and honey. personnel working with HIV patients and HIV materials (Article 350 of the Labor Code of the Russian Federation);
- Employees of government agencies (under federal law);
- Workers performing hazardous work (Article , Labor Code of the Russian Federation);
- People with a work schedule without a schedule (irregular) (Article 118 of the Labor Code of the Russian Federation);
- For workers who have not yet turned 18 years old, they go on vacation for 31 days (Article 267 of the Labor Code of the Russian Federation);
- People with physical impairments (disabled people).
The rest are calculated according to a simple scheme, 28 days according to the calendar () - this is minimum amount of time for official rest, that is, if you go on vacation for 14 days on the 1st of the month, then the end of your vacation will be on the 14th.
For some professions, the previous scheme for calculating rest time on weekdays has been retained - these are seasonal workers, judges.
For example: a judge takes a working holiday from December 1, 2015 for 14 days, he will return to work on the 16th, his vacation hours will include 2 special days on December 6 and 13.
We will pay attention to the calculation option according to the usual scheme of 28 days according to the calendar.
So, some of the above celebrations fall during the work holidays.
The number of days increases, but money is not awarded for an additional period of time (holiday).
Let's look at an example: If you go on vacation on February 12 for 14 days. It includes the holiday of February 23rd. It means that you go to work on February 27 (1 holiday day is added to the main vacation of 14 days), in reality you have a rest of 15 days, and payment will be made for 14 days.
We've sorted out one issue, let's move on to the next confusing calculation scheme.
Vacation with weekends and holidays
Let’s imagine: our rest, earned through sweat and blood, has begun, and naturally it includes days such as Saturday and Sunday. As we understand, they will be calculated simply: Saturday and Sunday are included in working holidays and are paid accordingly.
Another situation arises with the time of celebrations: they are not included in the paid period of time, but the rest itself actually increases by the number of festive days that are included in the number of days of rest. We are talking about both standard and extended rest.
Simple example:
If you go on vacation for 14 days from March 2, 2016, then the end day will be March 16. His time falls:
- 4 days off (March 5, 6, 12 and 13), which are included in working holidays and are paid in accordance with Art. 139, part 3 ch. 19 Labor Code of the Russian Federation;
- One solemn day on March 8 adds 1 day of siesta to you, but is not included in vacation pay and is not paid.
Vacation with rescheduled days off
There are situations when weekends coincide with holidays. In this case, our government postpones the day off to another day (Part 2 of Article 112 of the Labor Code of the Russian Federation). Having warned the population in advance, they inform about the postponement a month in advance.
In a normal situation, rest is postponed to the next weekday.
There are exceptions when they are transferred for some reason to other numbers. As was the case in 2015, January 4 was moved to May 4, since January 4 falls on a Sunday that falls during the New Year celebrations.
Sometimes the leadership of your organization can make this decision, but this shift is no longer legal. If your organization has made such a decision, then work on such days must be paid at double the rate (Article 113 of the Labor Code of the Russian Federation), or compensated for by another day of break (Article 153 of the Labor Code of the Russian Federation).
Example with transfer: If you go on vacation from April 27, 2015 for 7 days, then you will need to go to work on May 4, since May 1 is a public non-working day (Article 112, Part 1 of the Labor Code of the Russian Federation). Days off from work, which fell on May 2 and 3 and moved to May 4, a day of New Year's celebrations from January 4, 2015, are included in paid non-working time. No money will be credited for May 1st.
Let's consider a different situation: labor holidays begin on the 1st, duration is 28 parts. The day they end, Monday the 28th, is a solemn day, and they work for it on Saturday the 26th.
So, you will need to go to work on Tuesday 29th, you don’t need to work for the 26th (Saturday), payment will be made for 28 installments according to the calendar, in reality you have 29 days off.
Vacation without days off
Standard working holidays are 28 calendar days, including 4 Saturdays and 4 Sundays, which equals 8 public holidays.
Working holidays can be taken in parts, having discussed this possibility with the employer (Article 125, Chapter 19 of the Labor Code of the Russian Federation), one of the parts must be not less than 14 days, the remaining 14 can be divided at your discretion, in the Labor Code of the Russian Federation there are no instructions on the breakdown of the second part of the rest.
You can break the second part according to this scheme: Take 5 days of respite, from Monday to Friday, then you will receive vacation pay in 5 days, in fact you will rest for 7 days (weekends are not added to the vacation).
After a month or two, you can again take 5 days of work holidays. In total, we have 4 days of vacation left. But you can break up your vacation in this way only with the agreement of management, and if you have consent, then due to the weekend you gain 4 days of vacation.
According to labor legislation Russian Federation The minimum vacation must be 28 days. Often this period coincides with holidays. Depending on which holiday falls during the holiday, the duration of the holiday may vary.
What is covered by calendar accounting?
According to Article 120 of the Labor Code of the Russian Federation, the vacation period is calculated in calendar days. These include weekdays and weekends, but non-working holidays they were not included in the number of calendar days, which means they are not included in the vacation period.
Article 120 of the Labor Code of the Russian Federation. Calculation of the duration of annual paid leave
The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.
When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.
List of days off that are included in addition to the due date
The list of such days is established by Article 112 of the Labor Code of the Russian Federation, these include:
- January 1, 2, 3, 4, 5, 6 and 8 – New Year holidays;
- January 7 – Christmas;
- February 23 – Defender of the Fatherland Day;
- March 8 – International Women's Day;
- May 1 – Spring and Labor Day;
- May 9 – Victory Day;
- June 12 – Russia Day;
- November 4 is National Unity Day.
On a note. Regional legislation and local regulations of enterprises may add holidays to the above list.
Is the work release extended and why is the increase not paid?
Extended. A non-working holiday is a statutory holiday, which means a person should be freed from work. This mechanism is also valid for vacation: holidays during the required rest period are, as it were, “not considered,” which means they must be taken into account when establishing the vacation period, thereby extending the rest time initially requested by the employee.
A production calendar can be a good help in calculating vacation, including if there are holidays during the vacation period. This document consolidates all information about holidays that are added to vacation, as well as about the transfer of days off. The use of such a calendar will free employees from the need to make a number of calculations and help avoid common mistakes.
Important! It should also be noted that since holidays are not paid, earnings are not saved during the rest period on which the corresponding holiday falls.
No additional registration of vacation extension taking into account holiday dates not required, because the duration is calculated before the vacationer goes on vacation, and if upcoming holidays fall on vacation, then this must be taken into account in advance. Such days should be added to the vacation, increasing it, and do not require additional registration during the vacation.
An example of calculating vacation time when holidays coincide with the schedule: how to calculate vacation pay and take into account extensions?
The employee applied for leave for 30 days from January 4, 2018. There are 5 holidays during this period: January 4, 5, 6, 7 and 8, which means the employee’s rest will increase by exactly 5 days. The vacation period will thus be 35 days, but do not forget that only 30 will be paid. Let’s say the employee’s average daily earnings are 2,000, which means the amount of vacation pay will be 2,000 * 30 = 60,000 rubles.
From a financial point of view, it doesn't matter whether you take a vacation with or without holidays. After all, if the employee had carried out labor activity during this period, he would also have been released from it without pay.
On a note. But this is beneficial from a practical point of view, because in fact the employee rests continuously for more days than expected, which means he also has more opportunities to resolve his personal issues.
Is it possible to take vacation only on working days?
The law does not provide for any prohibitions regarding the choice of vacation period. You can go on a prescribed vacation at any time, whenever the employee pleases; the main thing is to inform the HR department about this before drawing up a vacation schedule, because then you will have to negotiate an unscheduled vacation with management, which may not always meet halfway.
In addition, it must be remembered that, according to Art. 125 of the Labor Code of the Russian Federation, one of the parts of the vacation must be at least 14 days, therefore, the remaining part can be divided into as many parts as desired and taken at any time, including exclusively on weekdays.
Article 125 of the Labor Code of the Russian Federation. Dividing annual paid leave into parts. Review from vacation
By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.
Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.
There are undoubtedly advantages to this state of affairs, because having gone on vacation, for example, for five working days from Monday to Friday, an employee with a five-day working week actually, due to holidays, receives an extension of rest due to weekends or holidays to a full week. But there is also a minus here: vacation pay will be accrued only for five days of rest.
In the same time, It makes no sense to rest exclusively on holidays, because, as we have already found out, they are not included in the period of required rest, so in fact this will be a vacation at your own expense and there is no reason to pay for them.
As for cases where an employee wishes to take leave only on weekends, the following should be noted. When rest occurs only on Saturday and Sunday, then, on the one hand, the annual allotted time is wasted, which could be used at other times. convenient time, including during working days. But in other way, With this arrangement, Saturday and Sunday will be paid.
Conclusion
If you want to rest longer, you can plan your vacation for the period during which non-working holidays fall, because they will automatically increase the rest days due to legal requirements.
But the financial side will also undergo some changes: payment for additional days is not provided for by law, so whether it is worth increasing your vacation without a salary that would not hurt is up to you to decide.