Is a holiday added to the vacation? Vacation days fall on public holidays: are they transferred? Holidays that are officially recognized as non-working days are not included in the number of vacation days and are not paid

23.08.2019

The vacation period, which is due to each employee conducting his professional activities in the organization, is provided to him on the basis of Article 114 of the Labor Code of the Russian Federation.

Unlike calendar holidays holidays, according to Art. 120 of the Labor Code of the Russian Federation are not included in the regular paid leave.

If holidays fall within the vacation period, the rest period is extended.

How are they paid?

In accordance with Art. 114 of the Labor Code of the Russian Federation, after a specialist goes on vacation, his place of work and salary are retained.

Important! Money intended to pay for the period of absence from the workplace is accrued not only for weekdays, but also for weekends that a person spends not being in the organization.

The payment calculation scheme for a given period is determined taking into account the time actually worked by the citizen and the average monthly salary received. It includes the tariff rate, salary, incentive and bonus payments, and regional coefficients.

If a person worked for twelve months before the vacation, the accrual of vacation pay will be calculated as follows. First you need to calculate how much the average salary for the previous year is.

To do this, the amount of total earnings is divided by 12, and then by 29.3. The result obtained must be multiplied by the number of days of rest, then the amount of payment for the vacation will become known.

For a day off, just like for a regular weekday, the average daily wage is assigned.

Can rest begin with non-working days?

The legislation does not define provisions for starting vacation from non-working days, therefore the question of whether it is possible to take annual paid vacation from calendar weekends is decided taking into account their inclusion in the vacation period.

Thus, Article 120 of the Labor Code of the Russian Federation stipulates that weekends are included in vacation, therefore, it can start on any day at the request of the employee (if a vacation plan for the calendar year is drawn up in advance).

The situation with going on vacation, starting from a day off, does not depend on the number of working days in the week and the work schedule.

It should be noted that holidays are not included in the vacation period, so a person cannot go on vacation from a non-working holiday.

What is annual leave and vacation schedule

Labor legislation guarantees all working citizens a certain period of rest from everyday work. The total duration of leave is 28 days, which can be used in parts throughout the year. In addition, some categories of workers have the right to additional days rest, and for them the vacation period may be longer than for most workers (for example, 54 days of vacation for teachers).

The order in which employees alternately go on vacation is determined in advance by agreeing between the employees and the employer on the dates of rest in the vacation schedule. The vacation schedule is drawn up and approved no later than 14 days before the start of the year discussed in it.

The vacation period is paid by the employer in the amount of the employee’s average salary for the past year. Payment must be paid in full no later than 3 days before the start of the vacation period.

When to go to work if your vacation falls on a holiday

Based on Art. 120 of the Labor Code of the Russian Federation, the length of vacation is calculated in calendar days, while non-working days of public holidays that coincide with the vacation period are not counted among the number of vacation days. This means that if the vacation coincides with a public holiday, when the entire population of the country is also on vacation, then in order to comply with labor guarantees, the vacation is extended by the number of days of the holiday.

Non-working holidays are listed in Art. 112 of the Labor Code of the Russian Federation and include:

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New Year holidays - from January 1 to 6 and 8;
Christmas - January 7;
March 8;
1st of May;
Victory Day - May 9;
Russia Day - June 12;
Day national unity- November 4.

In addition, if a legally established non-working holiday coincides with a day off (Saturday or Sunday), then the legal day of rest is shifted to the next day after the holiday. Deviations from this rule are days off between New Year holidays and Merry Christmas. These Saturday and Sundays by decision of the Government of the Russian Federation are transferred to other days of the year. Regulatory document on the postponement of days off must be presented to citizens no later than December 1 of the previous year.

Example: An employee decided to take a vacation from April 20, 2019 for 2 weeks. The total rest time will increase by 1 day (due to May 1); The day of return to work will be May 5, 2019.

What is a production calendar

A document that includes all working days, holidays and weekends, including the offset of weekends, is production calendar. In addition, the production calendar contains a calculation of working time standards for the year in days and hours.

When drawing up vacation schedules and calculating the day the vacation ends, it is advisable to use this undoubtedly useful document, since it highlights non-working holidays (that is, those days that are not counted as vacation), which greatly facilitates the calculation.

How is vacation that includes a holiday paid?

Due to the fact that annual leave is not only mandatory, but also paid, the question usually arises: how will leave be paid for, including holidays and extended by their number.

Since a holiday that falls during a vacation period is still not a vacation, only those days of rest that the employee is entitled to according to the law and the vacation schedule are subject to payment.

This means, for example, that, despite the fact that vacation from April 20, 2019 will be extended by 1 day due to a holiday and its duration will actually be 15 days, vacation pay will be calculated and paid for 14 calendar days.

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 freedom of choice professional activity and employer. But it is infinitely impossible to carry out work activities 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 rest, which can be classified as a social benefit - we are talking about holidays, during which employees 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 public holidays are approved, 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 calculate the same wages and vacation payments.

However, it is not always convenient to calculate the same standard of working hours every month, taking into account all days of rest, which is why a production calendar is provided.

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 be legally 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, two factors are used when calculating the average wage:

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 when calculating payments in total number these factors are not included.

Additional payments to piece workers

Vacation is calculated in calendar days; the duration of basic annual leave is 28 days, but this period often includes holidays. These days are indicated in Art. 112 Labor Code of the Russian Federation. There are a total of 15 non-working holidays a year. Let's consider how profitable it is to take vacation during the holidays and whether it is possible to take vacation from the weekend.

The procedure for granting regular leave.

The start date of the next vacation is approved in the vacation schedule. A schedule is developed and agreed upon in December, 14 days before the start of the new year. The employee must be notified by signature no later than two weeks in advance of the start of the vacation. The vacation schedule is mandatory for both the employer and the employee.

In accordance with Art. 120 of the Labor Code of the Russian Federation, vacation time is calculated in calendar days, which includes regular weekends (Saturday and Sunday, with a five-day working week), but does not include non-working holidays.

Features of calculating the duration of the next vacation

To correctly count the days of your next vacation, you should pay attention to a number of nuances:

A holiday approved by the legislation of the Russian Federation that falls during the regular vacation period is not included in the number of paid days, but the vacation is extended.
Regional holidays, which are considered days off in the constituent entities of the Russian Federation, are also not included in the number of vacation days; accordingly, the vacation is extended.
Weekends are taken into account when calculating the duration of rest, since vacation is granted in calendar days.

Let's start our vacation with a holiday

The vacation schedule is sometimes drawn up in such a way that the start date annual holiday falls on a non-working holiday or weekend. It should be remembered that non-working holidays are not included in the counted number of calendar days, so the choice of the start date of the vacation will not be entirely rational. Let's find out whether vacation can start on a day off. It is possible to provide an employee with leave from a holiday or weekend; the legislator does not prohibit this.

Let's consider two situations arising from this:

Vacation starts on a holiday. In the order we write the date from which the vacation begins according to the vacation schedule. In fact, the vacation will begin the next day after the holiday.
The start of the vacation fell on a day off. In the order, we also indicate the start date of the vacation according to the schedule. Vacation begins in accordance with the order. The day off from which the vacation begins is included in the days of rest and is taken into account when calculating its duration.

It should be noted that rest for a holiday that coincides with a Saturday or Sunday weekend is transferred by order of the Government of the Russian Federation to the next working day. If the vacation begins with the usual days off according to the work schedule, then you may get the feeling that these days are “lost,” but this is not entirely true. The actual duration of rest is reduced, but vacation pay is accrued, and the days are considered part of the paid rest time.

Accrual of vacation pay for holidays and weekends

Regular days off included in calendar vacation days are paid in accordance with the employee’s average earnings. At the same time, although federal non-working holidays increase the vacation period, no payment is made for them.

In a specific example it looks like this.
The employee's vacation begins on March 4 and lasts 20 days. Since this interval includes Public Holiday On March 8, which is a non-working day, you will have to go to work not on March 24, but on March 25. But only if this year March 8 falls on a weekday. If it is Saturday or Sunday, then the holiday is moved to Monday, and the employee starts working again on the 24th. And regardless of what day of the week the holiday is, vacation pay will be paid for 20 days, since a holiday non-working day is not included in the calculation of vacation pay.

Holidays, vacations and financial gain

The vacation schedule is not always drawn up taking into account the employee’s opinion. Therefore, you can go on your next vacation in January or May, when there are many holidays. Employees often worry whether they will lose wages when holidays fall on vacation and whether they can take time off from a day off. Holidays, although not paid, must still be provided to the employee. Therefore, the number of holidays falling during the vacation period automatically extends it. Payment for vacation is also accrued in full. In this sense, the employee does not receive any benefit.

How to issue an order if holidays fall within the vacation period?

There are several nuances that some smart workers take advantage of. They plan to start their vacation on the weekend. It turns out that 28 days begin on Saturday, counting down 4 weeks. It turns out that the vacation ended on Friday, so there are still 2 days off ahead, so we get a continuous 30 days of rest.

According to the Labor Code, vacation can be divided into parts. Required condition is the fact that one of such parts must not be less than fourteen days. The rest can be distributed at your own discretion, including one day at a time. If an employee has accumulated a significant number of unused vacation days, then they can be issued for Saturdays and Sundays, if, for example, the employee himself wishes. This is financially beneficial, since vacation pay is paid and wages are calculated in full.

The lawyer will answer your questions in the comments to the article

Last modified: January 2020

Often, employees who are going to take a break from their job responsibilities have questions: are holidays included in vacation, as they are considered when paying? The article will provide answers to the questions posed.

HR specialists are guided by the provisions of Art. 112 Labor Code of the Russian Federation. IN Russian Federation Holidays are celebrated: January 1-8, February 23, March 8, May 1, May 9, June 12, November 4.

According to Art. 120 of the Labor Code of the Russian Federation, if holidays fall within the main or additional leave provided to the worker every year, they are not included during rest.

The accountant will calculate the amount of vacation pay due to the employee by multiplying the average daily earnings for the last 12 calendar months by the number of days provided. The amount of the accrued amount, if the holiday falls on vacation, remains unchanged.

Do holidays count as holidays that are not annual?

If the worker is provided with any of the periods: maternity, student? Are holiday days added to them? The provisions of Article 120 of the Labor Code of the Russian Federation do not affect the listed intervals.

These days are taken into account as usual, vacation time is provided for a set period: session, pregnancy, childbirth, until the child reaches 1.5, three years of age, for a certain number of days requested by the employee from the administration, therefore they are paid like others.

The amount paid to an employee called for a session is calculated as follows: the average daily earnings for the last 12 months are multiplied by the number of all days of the period.

Roofer, Antonov S.Yu., summoned to educational institution from 05.10.2017 to 18.10.2017. Accruals for the period from October 1, 2017 to September 30, 2017 amounted to RUB 364,960.8. Average daily earnings will be:

364960.8:12:29.3 = 1038 rubles, where 29.3 is the average number of calendar days in a month.

The amount of vacation pay due will be, all days are taken into account:

1038*14 = 14532 rub.

Is vacation extended for public holidays?

Based on the provisions of Article 120 of the Labor Code of the Russian Federation, the date of the worker’s appearance at the workplace is transferred to the number of such days. HR employees use a production calendar to make calculations.

The mechanic, Ivanov P.V., can take 28 calendar days off annually, paid by the employer. If the start falls on November 1, Ivanov should go to workplace November 29: does not turn on November 4.

The situation is convenient for workers: if vacation falls on holidays, they are added. The period when a worker rests continuously increases.

Labor legislation does not prohibit the start date of the vacation period from being a holiday, for example, June 12, 2018. When determining the release date, the HR specialist will exclude the day that is not taken into account. If an employee is given an annual paid period when he can rest for two weeks, the date of return to work will be June 27, 2018.

How are holidays counted on vacation without pay?

The HR specialist needs to take into account some features. This is due to the fact that the sum of days of such a period, in excess of 14 in a working year, is not included in the period of rest (established by Article 121 of the Labor Code of the Russian Federation).

Holidays and weekends that fall during unpaid rest are included in its duration. To avoid this situation, you need to divide the interval into parts excluding these days.

Let's say Sevastyanov F.A. you need to leave your workplace for family reasons from March 5 to March 16. He must submit an application asking for two unpaid periods: from March 5 to 7, from March 12 to 16. Instead of 12 days, he uses 8.

How are they paid?

Payment is made as per working days. If the worker receives a salary, his salary will remain unchanged. For piece workers, the enterprise administration establishes compensation.

To summarize what has been said, it should be noted: an employee does not need to know all the nuances. As a rule, an employee turns to a specialist responsible for maintaining time records at the enterprise, in a division, or to a personnel service employee who has information on how to correctly draw up documents. They will help the employee write the application correctly, prepare an order, and clarify unclear points.

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