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Published: 05/28/2016
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In the case when the employees of the enterprise themselves take part in choosing the date of vacation, many of them already keep in mind the holidays declared by law as days off. There is nothing reprehensible in this natural desire to extend vacation by one day, if this fact does not greatly affect the work process.
To understand why employees are officially approved to increase their rest time, it is necessary to consider the relevant legislative framework on this issue.
- Legislation
- Examples of postponing holidays while on vacation An employee indicated specific dates in his vacation application
- A holiday during a vacation falls on a day off
- Holidays fall on the vacation of an employee working in shifts
- Example 1
Legislation
Article 112 of the Labor Code of the Russian Federation contains a list of specific dates officially declared as non-working days. If such a day falls within vacation time, the vacation is automatically extended by one day, which is the first working day after the vacation. Examples will be discussed below
, now it’s enough to simply understand the rule:
“a holiday during a vacation = plus one day for vacation.”
Management is well aware of such subtleties of labor legislation and prepares for them in advance. If possible, such time periods are simply excluded from the vacation schedule, since it is much easier to reduce the procedure for granting vacations to a simple formula “from Monday to Monday”, and not be put in a difficult situation in which one employee has not yet left, finishing the last day, and the other has already gone on vacation since Monday.
Regular attempts by the same employee to figure out vacation time for holidays will never go unnoticed by the manager, and one can only guess what conclusions he can draw regarding such a legally prepared subordinate.
How to calculate vacation pay?
Vacation pay is accrued only for days of annual paid leave. Since non-working holidays are not included at this time, vacation pay is not accrued for them.
For Saturday and Sunday weekends, vacation pay is accrued according to the same scheme as for weekdays.
Each vacation day is paid in the amount of average earnings calculated based on income for the last 12 calendar months preceding the month the next vacation begins.
Examples of postponing holidays while on vacation
The employee indicated specific dates in the vacation application
When an employee writes an application for leave, he has the right to indicate in it specific dates for both the start and end of the leave. If he indicates, for example, that he is asking for “vacation from June 1 to June 14,” then the holiday on June 12 (see the Labor Code of the Russian Federation) will not be postponed, and he is obliged to go to work strictly on June 14.
The employee indicates in the application the start date of the vacation and its duration. The application says something like this: “I ask you to provide me with annual paid leave for a period of 2 (two) weeks from June 1.” The employee’s return date from vacation is automatically transferred to the first working day after the expiration of the two-week interval. To avoid unnecessary confusion with release dates, this type of statement is almost always used by the HR department.
A holiday during a vacation falls on a day off
The interpretation of weekends is contained in Art. 111 Labor Code of the Russian Federation. If they fall on holidays, the latter are transferred by a separate order of the Government of the Russian Federation to other working days. These days usually follow either directly before or immediately after the coincidences, but in any case it is necessary to monitor the relevant documents, which are necessarily published in the press. The legitimacy of such actions is noted in Art. 112 of the Labor Code of the Russian Federation and in the Decree of the Government of the Russian Federation of August 5, 2010 No. 600.
In the case of a vacation being imposed on this event, the employee’s first working day begins on the second official working day after the vacation.
Example.
In 2021, the holiday June 12 falls on Sunday. Therefore, Monday, June 13th is declared a holiday. The first working day of the new week will be June 14, and the employee returning from vacation will begin work on the 15th.
In all of the above cases, dates are entered into the vacation schedule without taking into account holidays, that is, strictly in the “14 (or 7) days” format.
Holidays fall on the vacation of an employee working in shifts
This situation has two fundamentally different options.
- The employee performs work that requires mandatory presence at the workplace, regardless of the calendar status of the day (for example, security, cash collectors, etc.). These employees go to work strictly within the time limits specified in the vacation schedule.
- The employee works on a shift schedule, but the company has declared holidays as days off.
To avoid confusion in the shift schedule, the employee also goes to work on the dates specified in the vacation schedule. However, in this case, he has unused days for vacation, to which he subsequently has the right in the prescribed manner .
Are you satisfied with the length of your vacation?
Quite satisfied, but I won’t refuse if my vacation is increased No, I’m not satisfied: my vacation is very short
Is it worth taking a vacation in May?
Many people think about vacation in May, especially workers who have dachas or houses with land in nearby villages, since there are many holidays during this period that cause an extension of vacation.
But it is precisely because of the large number of applicants that controversial situations often arise, both within the team and between employees and management. Directors are reluctant to sign such statements, since the long absence of several employees at once can complicate the work process.
That is why you need to warn your manager about your desire to take another vacation in May in advance, back in December of the current year, when the schedule for the next year is being formed and approved.
However, there are categories of citizens who have the opportunity to take leave at a time convenient for them, for example, minors or husbands whose wives are on maternity leave.
Calculating the length of vacation time in May raises controversial issues regarding the correct extension, since this month has a large number of public holidays.
There are two holidays in May - May 1 and May 9, but additional days off are often added due to various postponements. As a result of the extension, the duration of the vacation may increase significantly.
Important! If the application indicates the start date of the vacation and its duration, then it is subject to extension.
Extension example for May 2021:
The employee wrote a request for leave from May 1 for 14 calendar days.
In 2021, according to the law, citizens have a rest from April 29 to May 2 (from Sunday to Monday) and May 9. At the same time, May 1 and May 9 are holidays, and May 2 is a rescheduled day off, which included the January 7 holiday.
Since vacation is extended only for holidays, the moment of going back to work will be postponed only by 2 days, since only May 1 and May 9 are officially holidays, and May 2 is a rescheduled day off. The return to work will take place on May 17th.
If the application is written with specific dates, for example, vacation from May 1 to May 14 inclusive, then return to work, regardless of holidays, will be carried out on May 15. This will be 12 vacation days; extensions cannot be issued here.
Vacation start days
The vast majority of people sincerely believe that vacation should begin exclusively on Monday and end on Friday. Moreover, many HR employees also think so. This is not entirely true, but the apparent contradiction inherent in the Labor Code serves as a reason for doubt. Upon closer examination of Articles 110 and 120 of the Labor Code of the Russian Federation, it becomes clear that they do not contain any contradictions.
- Art. 110 states that every employee has the right to an uninterrupted 42 hours of rest. The mistake is that personnel officers automatically consider Saturday a day off, while only Sunday has such status in the Labor Code (Article 111). Some companies may practice the so-called. "floating day off" And it falls either on Saturday or Monday. Consequently, there are no obstacles to granting leave from Tuesday.
- Art. 120 finally establishes the obligation of the employer, if a subordinate wishes to provide him with leave in calendar (this is the key word) working days. There is no prohibition on determining the date of vacation on specific days, since the employer does not have the right to dispose of the days off of its employees. However, any disputes regarding the start of vacations can be easily avoided by drawing up a vacation schedule in which the start of vacation will always be Monday. Subordinates, as a rule, never argue with this.
Only disabled family members can receive a state survivor's pension. What is an urgent pension payment and how can I get it? Detailed information on this issue is in our article.
You can read about a possible increase in the retirement age in the Russian Federation here.
Are they included in the Labor Code of the Russian Federation?
Article 120 of the Labor Code gives a clear answer: non-working holidays are not included in the regular annual leave period.
This rule applies to both the main part of the working holiday and the additional one.
In general, the duration of such a period is calculated in calendar days. It includes calendar weekends (Saturday, Sunday), weekdays (Monday - Friday).
Calculation of vacation payments in case of holidays falling on holidays
Art.
It is not for nothing that Article 115 of the Labor Code of the Russian Federation uses the phrase “28 calendar days,” which is key. The employee has the right to rest for exactly this amount of time. Holidays during vacation are not paid, only the duration of the vacation increases. At the same time, there is a subtlety that without proper understanding of the processes involved. When calculating vacation pay, the main role is played by the “cost” of a working day of the month.
This cost varies for some months. The most “expensive” is January due to the small number of working days, so every January day is more expensive, for example, than a February one. Nevertheless, the amount of payments depends not only on the average cost of a working day, but also on the duration of the vacation.
A few specific examples:
Example 1
The employee writes a conditional statement “from June 1 to June 14.”
In this case, vacation pay will be calculated in 13 calendar days, although the vacation itself will last 14.
Example 2
The employee goes on vacation “for 14 calendar days.”
Vacation pay will be paid on the basis of 14 days, since in this case the working day that he will miss in lieu of a holiday taken on vacation will be calculated.
Useful video
How to calculate the duration of vacation if it includes holidays that are official days off, how many days to indicate in the order and how to issue it taking into account holiday events - answers to questions can be found in this video:
All principles for granting leave, extending it, calculating vacation payments and transferring holidays apply to all official holidays specified in the Labor Code.
In addition, in different regions of the country, decisions may be made on additional holidays during religious celebrations. For example, in Tatarstan or Bashkiria, during the main Muslim holidays, many enterprises have holiday weekends. In this case, the duration of the vacation will also be increased, but only in this specific region.
