Annual vacations are considered employees ’right to vacation. Some people choose numbers before the holidays to relax over a longer period. The law has some nuances about this. If vacation days fall on holidays, can they be carried forward? This is described in the article.
Legislation
In Art. 112 of the Labor Code of the Russian Federation indicate dates that are considered weekends. Are vacation days carried over if they fall on holidays? Yes, it is approved by law. For example, if during the holiday there was 1 holiday, then the vacation is automatically extended for 1 day. It is important for managers and employees to know.
But this does not always work in practice. Often, leave is set from one date to another so that there is no confusion. Moreover, not everyone can know about such subtleties of the law. In order to avoid disagreements, it is necessary to stipulate the period of your vacation in advance. If any vacation days fall on holidays, then it is better to talk to your superiors about this right away.
Annual vacation
By law, all employees are given a specific rest period. Its total duration is 28 days, which can be divided during the year. Some categories of employees are given additional dates, so their absence from work may be longer. For example, educators are given 54 days.
The procedure for going on vacation is preliminarily established using a schedule. Everything must be agreed between the staff and the employer. The schedule is drawn up and approved no later than 14 days before the negotiated year. Even if vacation days fall on holidays, the rest period is paid based on the average employee salary for the past year. Payment is paid 3 days before the holiday.
Legitimate Holidays
If vacation days fall on holidays, they are carried forward on the basis of the law. In Art. 112 of the Labor Code of the Russian Federation indicate holidays that are considered over the weekend in Russia:
- New Year.
- Christmas.
- March 8.
- The 1 of May.
- 9th May.
- 12 June.
- November 4th.
According to the law, if the holiday coincides with Saturday or Sunday, then the next working day will be the weekend. The exceptions are New Year and Christmas holidays. Therefore, if the vacation falls on holidays in January, the rest period is not extended.
By order of the Government of the Russian Federation, weekends can be postponed to specific dates. This is notified in the regulatory document, which is provided until December 1. If the vacation falls on holidays in March, for example, on the 8th, then the rest will be increased by 1 day.
What is said about rest in law?
The law says that annual paid leave is the time period that should be used to rest the employee from his activities. In this case, the position and salary are saved. It does not depend on the type of payment, shift and other factors. All employees are entitled to rest, including:
- Workers in combination.
- Part-time.
- Performing work at home.
- Remote workers.
The conditions for providing leisure are indicated in the collective agreement or other documents of the institution. They necessarily agree with the opinion of the union. Continuous rest is provided to employees annually. By law, it is laid after six months of work, but by agreement it can be provided earlier.
The absence of rest for more than 2 years is not allowed by the Labor Code of the Russian Federation. Some workers can take it at any time. It refers to:
- Parents of a disabled child.
- Pregnant and giving birth to employees.
- Employees whose spouse is on maternity leave.
- Persons under 18 years old.
- Employees combining work.
Rest without a schedule is provided to an employee of the Far North who needs to leave with a child for admission to an educational institution. There is also an additional rest, which is provided to employees whose work is dangerous, performed in a difficult climate and not standardized. Its duration is 7 days.
The composition of the production calendar
A production calendar is a document where weekends, working days, holidays, including their shift by different dates, are indicated. It indicates the norms of working time based on the specifics of the organization. The calculation is performed in days and hours.
The production calendar is considered an indispensable tool for scheduling rest and calculating financial payments. If holidays fall on holidays, how to arrange it? The employee does not need to draw up anything additionally, he only needs to write a preliminary application for the provision of annual rest.
If the application indicates specific dates
When workers write a vacation application, they can indicate specific dates. For example, if it is indicated that the vacation lasts from June 1 to June 14, then the holiday on June 12 will not be postponed, so the employee should leave on June 14.
The employee shall indicate in the application the number of the beginning of the rest and its duration. Automatically, the release date is postponed to 1 business day after the end of the holiday. So that there are no difficulties with calculations, this is exactly the option used in human resources departments.
If the holiday is considered a day off
The nuances of the weekend are present in Art. 111 of the Labor Code of the Russian Federation. If holidays fall on them, the latter are transferred with the help of the Government of the Russian Federation to the remaining working days. Usually followed before or after matches, but still you need to follow the documentation, which must be published. The legitimacy of this is canceled by Art. 112 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation No. 600 of 08/05/2010.
If the holiday came on a weekend, then the first working date will fall on the second post-holiday working day. For example, in 2016, June 12th was Sunday. It turns out that June 13th will be a day off. Everyone starts work on June 14, and those who leave vacation on the 15th.
Shift work
And if vacation days fall on holidays at the employee working in shifts? This situation is different from the rest. An employee performs work in which you must be present in your place, no matter what the period. These people begin their duties at the time indicated in the schedule.
If a person works in shifts, then holidays are considered days off. To avoid confusion with the charts, you need to go on the dates indicated. But if unused vacation time appears, then subsequently the employee will be able to use it.
The beginning of rest
Most people believe that rest should begin on Monday and end on Friday. And so many employees of the personnel department think so. This is not entirely true, the contradiction indicated in the Labor Code of the Russian Federation introduces doubt. Therefore, it is necessary to deal with the rules of law in more detail.
In Art. 110 it is said that each employee has the right to uninterrupted rest in the amount of 42 hours. The mistake is that personnel officers attribute Saturday to the weekend, and only Sunday has this status (Article 111 of the Labor Code of the Russian Federation). Some organizations have a “floating weekend”. They can fall on Saturday and Monday. It turns out that vacation can be provided from Tuesday.
Art. 120 states the obligation of the employer, if the employee wishes, to provide him with leave in calendar working days. There is no ban on specific dates of rest, since the employer does not have the right to dispose of weekend employees. Various disputes regarding rest are resolved by drawing up a schedule in which rest always starts on Monday.
Payout calculation
Even if the vacation falls on holidays, the calculation of payments is the same. In Art. 115 of the Labor Code of the Russian Federation it is said that rest lasts 28 calendar days. Holidays are not paid, only the vacation itself is extended. But still there is a subtlety related to this area.
With the calculation of vacation pay an important role is played by the "cost" of the working day. In each month, it can be different. Relating to the most “expensive” in January due to the small number of working dates. For example, January day will be more expensive than February.
Therefore, whether dates are postponed during the holidays, rely on the rule of law. It is necessary to first stipulate everything with the management, so that in the future there would be no disagreement.