It is important for both the employee and those who keep personnel and accounting to understand whether holidays are included in holidays, because incorrect calculation of holidays can reveal problems during inspection by inspection bodies. We will deal with this issue.
Holidays are not included in the vacation period
According to the provisions of Article 120 of the Labor Code of the Russian Federation (part one), holidays cannot affect the duration of the holidays.
The list of holidays is given in the 112th article of the Labor Code of the Russian Federation and is well known to all personnel officers, and employees know that days of rest necessarily fall on New Year's holidays and Christmas, male and female days, May weekends and one holiday in summer and autumn.
How to write a vacation application
An employee very often asks whether holidays are part of another vacation and, planning to write a statement in such a situation, does not know how many days to indicate. It should be understood here: the total duration of the vacation will not be increased, only the employee’s absence will last for the number of holidays that the annual vacation “captures”.
Let's try to explain with an example. The employee wrote a vacation application, asking to rest 14 calendar days from the first of May. Question: Are May Holidays on vacation? Answer: no, not included. However, the employee will have the last day of rest on May 16, and not 14. This design will meet the requirements of the law and will not raise questions from the inspecting authorities.
Many employees take advantage of this and write a statement, for example, for 7 calendar days from January 9, thereby ensuring themselves a good rest, without losing the days of their vacation. This circumstance causes dissatisfaction of employers, but such actions on the part of the employee are not prohibited by law, and the manager cannot clearly argue why he refuses the employee in such a request, especially if in the summer the employee walked off for only 2 weeks.
On paperwork for vacation
Quite often on the forums you can see questions about whether holidays are on vacation. Trying to give clarifications, it’s worth talking about the whole algorithm for arranging annual vacations.
About two weeks before the end of the calendar year, HR specialists draw up a vacation schedule taking into account the wishes of employees. In practice, if the company is large, the heads of departments, senior specialists, workshop masters compile lists that display the preferences of employees, and then transfer information to the personnel department. The clerk carefully enters the data into the schedule, comparing it with the balances on vacations (for the employer it is important that the debt does not accumulate, but the employee should not walk “forward”). Further, the vacation schedule is signed and approved by order of the Director General.
2 weeks (no later) before the start of a well-deserved rest, the employee must receive a notice. It is compiled by a personnel officer, where he notifies the employee that he is entitled to leave. The employee writes a statement or, if he does not want to go on vacation, in writing asks to transfer it. Everything looks quite complicated, but according to the rules of the KDP, a notification and a statement of transfer should be.
Also, an order for annual leave is drawn up in 2 weeks. It is signed by the Director General, after which the employee puts a signature on it to familiarize themselves. The procedure for processing documents remains the same whether the holiday falls on a holiday or not.
How to correctly determine the last day of rest
It is very important for novice HR specialists to absorb this information. If you have already received for yourself the answer to the question of whether holidays are included in the holidays, then you can immediately go to the payment item. However, if you are engaged in the preparation of personnel documentation, then you may appreciate the following rule: every holiday postpones the release date by one day. It is very easy to remember and put into practice. It turns out that holidays on holidays are postponed, prolonging the employee's rest.
About payment
Very often, employees starting work and preparing to take their first vacation, get illusions that if the annual holiday captures holidays, then vacation money will be received more. This is absolutely untrue.
It must be remembered that, according to article 120 of the TKRF, holidays not only cannot be included in the vacation period, but also are not subject to payment. Therefore, no matter how much we would like, no additional money will be received in such a situation. Regardless of whether holidays are included in the holidays, if the application is drawn up for 14 calendar days, then we will receive money for these holidays.
However, it should be noted that the more holidays in the calendar month, the more expensive the working day will be. It turns out that if a significant part of the vacation falls on working days, for money it may be unprofitable.
Having a vacation for the holidays, on the contrary, you can benefit a little, while losing days that you could relax in any case.
Therefore, if the organization’s system is not too rigid and does not require complying with the vacation schedule, then having established friendly relations with the payroll accountant, it is quite possible to “estimate” how many holidays should be included in the vacation in order to lose money at a minimum .
Start holiday with holiday
Here it is immediately worth mentioning the advisability of such an action. Writing a statement from a public holiday is not prohibited by law, but there is no point in this, since the employee must rest on this day anyway, and this will not affect the amount that he will receive three days before the start of the vacation.
Holidays on vacation are carried over according to the same principle as described above: one day will be added to the total duration of the vacation, for example, for 14 calendar days. This rule applies to this case.
If the vacation schedule indicates that the start date of the vacation is the first of January, then the employee can write a statement from that date. In this case, if he expresses a desire to go on vacation for 14 days, then the release date will be January 23. It is worth noting that in most companies vacation management is flexible: on the initiative of an employee, it can be transferred legally.
Holiday "at your own expense"
Surely someone at least once wondered whether the holidays included in the expense of leave "without maintenance"? The need to issue it arises from the employee quite often. For example, in a situation where you need to solve any housing issues. Here the statement can be made in two ways.
In the first case, if, for example, we plan to be absent from the workplace from February 22 to 26, then we simply draw up an application for five days “without saving wages”. In this case there will be no transfer, on the 27th the employee must appear at the duty station.
In the second case, in order to avoid confusion during the inspection, the employee is asked to draw up an application for absence on business days.
Do holidays go on study leave?
Those employees who combine work and study are entitled to additional rest. They write an application for study leave at the main place of work legally. The organization where the employee works part-time is not obliged to provide this type of rest, if this is not specified in the labor / collective agreement.
This type of vacation is also calculated in calendar days, but holidays are included in its duration and, which is nice, are payable. This type of vacation cannot be extended, even if the employee takes sick leave. Sickness benefit is accrued only if the employee continues to be ill after completing a school break.
On holidays in the constituent entities of the Russian Federation and the Republic of Belarus
Now we will examine the question of whether holidays are included in holidays in the subjects of the Russian Federation. It is known that government representatives in the regions can determine additional days off based on regulatory enactments. On the basis of paragraph 7 of Article 4 of Federal Law No. 125 in the constituent entities of the Russian Federation, religious holidays may be declared non-working, and the employer must comply with both the requirements of the Federal Law and the requirements of regional authorities. It is worth noting that, according to the first part of Article 112 of the Labor Code of the Russian Federation, the list does not indicate non-working holidays of such republics as Bashkortostan and Tatarstan.
Now, separately about the Republic of Belarus, whether holidays are included in the holidays. Belarus in the Labor Code (Articles 151 and 171) states otherwise. Holidays are not included in the holidays and are not subject to payment. The duration of rest itself also does not extend. The only condition for changing the situation may be the inclusion of this clause in the collective agreement (Article 171).
Nevertheless, an organization whose activities are conducted on the territory of a constituent entity of the Russian Federation that defines additional non-working days in regulatory enactments is required to postpone the vacation for one day, determining the employee’s departure date on the principle of “plus one day to the release date”. That is, the employee’s rest period is increased by a day. It is important to remember that this does not affect the number of vacation days, nor does the amount of vacation funds increase. This position is fixed in paragraph two of the letter of Rostrud No. 697-6-1 of September 12, 2013, No. 697-6-1. This is the answer to the question of whether the holiday is a postponed holiday in the subjects of the Russian Federation.
Based on the foregoing, we can draw the following conclusions:
- If the vacation falls on holidays, this does not affect its duration and the amount of vacation pay.
- It is unambiguous to say how profitable it is to take a vacation on holidays, you can only consider a specific case.
When deciding to start a vacation, it is best to get a preliminary consultation in accounting.