Holidays include public holidays. Transfer of holidays and weekends on vacation

The provision of annual paid leave while maintaining the employee's place of work and his average earnings is the responsibility of the employer. The duration of such leave is 28 calendar days.

In accordance with Art. 120 of the Labor Code of the Russian Federation ( hereinafter referred to as the Labor Code of the Russian Federation)aboutbeforeThe duration of the annual basic and additional paid holidays of employees is calculated in calendar days, consisting of both working days and days off. The only exception to this rule is non-working holidays, which are not included in the number of calendar days of vacation.

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The duration of the annual basic and additional paid holidays of employees is calculated in calendar days, consisting of both working days and days off

According to part 3 of Art. 14 of the Labor Code of the Russian Federation, non-working days are also included in the period calculated in calendar weeks or days. Consequently, when determining the period of time granted to the employee in calendar days, the law does not separate working and non-working calendar days.

In accordance with Part 1 of Art. 125 of the Labor Code of the Russian Federation, the division of annual paid leave is possible only by agreement between the employee and the employer. And this means that the vacation schedule cannot provide for the division of vacation into parts, since according to Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is approved by the employer. While the agreement with the employees of this document is not provided for by law. The law requires the employer, when approving the vacation schedule, only to take into account the opinion of the elected body of the primary trade union organization (unless, of course, there is one in the organization), but this rule cannot be considered as an agreement between the parties to the employment contract, the requirement of which is mandatory when dividing the vacation into parts.

Suppose that, having planned in the vacation schedule good rest, sides labor relations later they reached an agreement on dividing the vacation into parts, and, having taken off the part of the vacation prescribed by law in the amount of 14 calendar days, the employee applies to the employer with a statement on the provision of the remaining parts of the vacation on weekends, that is, 2 days during a certain sides of time.

Indeed, the legislator did not provide for the minimum number of calendar days of the remaining parts of the vacation, as well as the number of these parts, leaving this to the discretion of the parties to the employment contract. Moreover, the legislation does not contain a ban on the provision of vacation on days that are days off (the exception is, as already mentioned above, non-working holidays). However, the employer should take into account that the vacation should not be excessively split, even if the employee himself insists on it, since in such cases the employee will not be able to fully rest and recuperate in a short time, which will certainly affect his future work. But this is only one side of the issue.

Giving leave to an employee on weekends is, to put it mildly, not a safe action for the employer. Why?

Holidays on weekends can be regarded by the inspection authorities as a veiled form of providing monetary compensation for unused vacation(since weekends are usually - and so are days of rest).

KEEP IN MIND

Holidays on weekends can be regarded by the inspection authorities as a veiled form of providing monetary compensation for unused vacation.

As established by law, it is not allowed to replace the annual basic paid leave with monetary compensation, i.e. only that part of the vacation that exceeds 28 calendar days can be replaced by compensation ( Part 1 Art. 126 of the Labor Code of the Russian Federation). And in this case, compensation is actually paid for the part of the vacation that exceeds only 14 calendar days.

Therefore, when checking, the labor inspectorate is likely to pay attention to such leave, and, most likely, consider it as a hidden form of compensation to the employee, especially if such leave is not an isolated case in the organization. And this is a violation of labor legislation, for which administrative responsibility is provided in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

AND WHAT WILL IT BE?

The provision by the employer of a part of the vacation exceeding 14 calendar days on weekends may entail liability for violation of labor legislation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Summary

Despite the fact that a direct ban on the provision of part of the leave on weekends labor law does not contain, using such a technique, the employer takes a certain risk. To prove the fact that by providing such leave you do not violate the law, most likely, you will have to go to court.

Can an employee who works five days a week take a vacation during his legal days off, the experts of the Legal Consulting Service GARANT decided A lexander TO stonemasons and P avel WITH utulin.

The worker's working hours are a five-day work week with two days off. Is it possible to provide an employee with another paid vacation for 2 days (on Saturday and Sunday)?

In accordance with Art. 115 of the Labor Code of the Russian Federation, an employee must be provided with an annual basic paid leave of 28 calendar days. According to the first part of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. Regarding other parts of the vacation, no restrictions have been established by the Labor Code of the Russian Federation. This means that at least 14 vacation days must be granted in a row, and the remaining days - in parts of any duration, including 2 days each, if the employee and the employer have reached an agreement on this issue (see also the letter of the Federal Service for Labor and Employment dated 17.07. 2009 N 2143-6-1).

As follows from the first part of Art. 120 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is calculated in calendar days. Article 14 of the Labor Code of the Russian Federation provides that non-working days are included in the period calculated in calendar days. Non-working holidays falling within the period of the annual basic or annual additional paid leave shall not be included in the number of calendar days of leave. There is no such rule in relation to holidays. Consequently, weekends, just like working days, are included in the number of calendar days of vacation.

The law does not establish how many calendar days of vacation should fall on weekends, and how many on workdays. Therefore, vacation days exceeding 14 days can be granted to the employee in parts in such a way that they will fall only on working days or only on weekends, or on both in any ratio. Since the division of vacation into parts is possible only by agreement of the parties, the employer has the right to disagree with the option for breaking down the vacation, which is indicated by the employee in the application. At the same time, he does not have the right to divide the employee's vacation into parts at his discretion.

Vacations must be granted to employees in accordance with the schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year (part one of article 123 of the Labor Code of the Russian Federation). In accordance with the second part of Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for both the employer and the employee. However, the Labor Code of the Russian Federation does not contain a ban on postponing vacation during the working year, if the parties reach an appropriate agreement.

Thus, by agreement of the parties, the employer has the right to provide the employee with two days of annual paid leave on Saturday and Sunday, provided that at least one of the other parts of the employee's vacation is at least 14 calendar days. This conclusion is supported by Rostrud specialists (see the answer from information portal Rostrud "Onlineinspektsiya.RF" to the question "Is it possible to take part of the next vacation of 2 days on Saturday and Sunday, which, according to the schedule for the employee, are days off? ..", September 2015).

To get acquainted with the texts of the documents mentioned in the experts' answer, without spending a lot of time on an independent analysis, the GARANT system will help you.

The question of whether weekends are included in vacation requires additional clarification: what kind of weekend does the questioning subject mean? The labor code allows Russians not to work at least 42 hours a week, calling given period"weekly uninterrupted rest." The law granted working citizens several holidays, which are also non-working. Whether the employee's vacation will be extended depends on what days of rest fell on his period.

Weekends and official holidays falling on vacation

Employees wondering if weekends are considered holidays should look at Article 115 of the Labor Code. The law says: annual leave employees are provided not in working days, but in calendar days. Article 120 of the Labor Code also informs about this. The same rule applies to additional holidays. Regular (weekly) days off are included in the vacation period and are taken into account when calculating its duration. Rest time does not increase by the number of days off.

A different rule is established for official holidays. It is contained in the aforementioned Article 120, which warns employees and employers: holidays during vacation do not become part of it. Vacation increases by the number of holidays included.

There are a lot of non-working official holidays in Russia - about a dozen (Article 112 of the Labor Code). Most holidays fall in the first half of the year.

A special rule applies when two New Year and Christmas holidays are postponed if they fall on a weekend. The government has the right to transfer them to another time, for example, by adding them to May Day. However, if the vacation falls on May holidays, including additional days off, the employee's rest is not extended by a single day. A postponed holiday during a vacation does not affect its duration.

Regional holidays during the holiday period

The above are public holidays observed throughout the territory Russian Federation. However, the Federal Law "On Freedom of Conscience and Religious Associations" (Article 4) allows at the level of subjects of the Russian Federation to declare certain religious holidays as non-working days. Mostly, given right used in regions where the majority of the population is Muslim or Buddhist. As for how the rest time is calculated, if the vacation falls on holidays of regional significance, a dispute broke out between the ministries.

The Ministry of Finance of Russia (Letter dated January 27, 2014 N 03-02-07 / 1/2783) considers: since the Labor Code does not mention regional holidays among non-working days, their celebration does not give the right to postpone the deadline for paying taxes. By analogy, some personnel officers believe that if local holidays fall on a vacation period, its duration remains the same. However, Rostrud's explanations run counter to this opinion.

June 2, 2014 federal Service for Labor and Employment approved its own Recommendations on the provision of non-working holidays to subordinates. The document explains how rest time is calculated if an employee's annual leave falls on a regional holiday. Rostrud does not distinguish between official and local holidays, referring to the fact that in Labor Code the special status of regional holidays is not stipulated. According to officials, they are equated to non-working days listed in Article 112. The authors of the Recommendations believe that regional holidays on vacation are not taken into account when calculating it. The time to return to work after such a vacation is transferred to the number of such days.

What happens to holidays

Having found out whether the holidays are included in the vacation, you should deal with the payment of an extended vacation. General and regional holidays that fall on vacation time extend it, but are not paid. This should be taken into account for those wishing to go on vacation in early January. Holidays will indeed increase significantly, but a person will lose money.

If an employee goes on a two-week vacation from January 1 and includes holidays in its duration, the day of going to work will be not the 15th, but the 23rd (14 vacation days + 8 holidays). However, vacation pay will accrue for the period from January 1 to January 14.

The organization is obliged to pay for the upcoming vacation of the employee at least 3 days before it starts. If the employee decided to rest, for example, from January 5, the time for paying vacation pay falls on December - no later than last day work in the past year.

What to write in the application

Accounting for holidays that fall during the employee's vacation is the business of accounting and personnel services. It is enough for the subordinate to submit an application drawn up in the usual manner. In the text of the document, you do not need to ask for either an extension of the rest or the transfer of holidays that fall during the vacation period to its end.

If the holiday falls on a vacation, the employee writes a statement indicating:

• type of planned vacation (unpaid, paid annual, additional);
• its start date;
• the number of days of rest that he asks to provide.

Any other information will be superfluous, and sometimes contradicting what the employee wanted to say in the application. For example, one holiday falls on vacation - the Holiday of National Unity (November 4). Rest begins on November 1st and lasts 21 days. Taking into account the holiday, the worker must start work on November 23rd instead of November 22nd. But in his statement given fact lowers it, and writes like this: “I ask you to provide me with annual paid leave from 11/01/2017 to 21 calendar days.” Nothing else needs to be written. But taking into account the holiday that has fallen, the employee leaves for work one day later.

Sometimes employees, implying the holidays that are included in the vacation, mistakenly write in the application: “I ask you to give me a vacation from 11/01/2017 for 22 calendar days” (21 days + 1 holiday). However, in accounting this will be regarded differently: one more day will be deducted from the rest of the vacation time. That is, with a 28-day vacation, the employee will have to rest not 7 days, but 6. And the employer will expect his release only on November 24th.

Holidays that are included in the vacation are not always unambiguously beneficial for employees. Especially when we are talking about several holidays. It is believed that resorting to such an extended rest is only for those who, due to personal circumstances, are forced to spend as much time as possible at home. For other employees, such a trick will result in material losses.