How to correctly take into account holidays, in accordance with Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking into account these days - read the article.
From the article you will learn:
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays. Holidays that are mandatory throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:
- New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
- Christmas - January 7;
- Defender of the Fatherland Day - February 23;
- International Women's Day - March 8;
- Holiday of Spring and Labor - May 1;
- Victory Day - May 9;
- Russia Day - June 12;
- National Unity Day - 4 November.
How holidays are transferred that coincided with a regular weekend
If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, for this rule, legislators have established an exception: weekends that fall on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).
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In order to rationally use non-working days weekend may be transferred to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than one month before the calendar year to which it refers.
If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend other days are also possible. But for this, the condition of their official publication must be observed no later than two months before the calendar date of the day off to be established. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, with an indication of the relevant laws and regulations, can be found in .
Is it necessary to extend the annual leave of employees for a regional holiday
Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the whole country. However, the law grants the right to the subjects of Russia to establish additional non-working holidays, not mentioned in Art. 112 of the Labor Code of the Russian Federation.
Public authorities in a separate subject have the right to declare some regional holidays as non-working days in the event of:
- the holiday has a religious orientation;
- a corresponding request was received from a religious organization;
- the decision was made by the state body of the subject.
For example, in the Chuvash Republic, a separate act declared June 24 a holiday throughout the constituent entity of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 of the Labor Code of the Russian Federation.
As a general rule, in this case it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar explanations are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.
Is it possible to indicate in the local act for the enterprise that only time off is provided for work on a holiday?
Labor Code of the Russian Federation in Art. 112 expressly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays, first of all, additional payment. The amount and procedure for paying the said remuneration is determined by:
- collective agreement;
- employment contract;
- local normative act adopted taking into account the opinion of the elected body of the primary trade union organization;
- agreements of the parties of social partnership.
Note! The cost of paying remuneration for non-working holidays in full is attributed to labor costs.
If the employee himself expresses a desire, work on holidays can be compensated with a day off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked in day off or public holiday.
Thus, the employer does not have the right to prescribe a provision in the local act for the enterprise that only time off is provided to employees for working on a holiday.
How is the granted time off for work on a holiday reflected in the salary of an employee?
In the Labor Code of the Russian Federation, Article 112 establishes the procedure for compensating an employee for work on a holiday in the form of an additional payment. However, the employee, at will, can replace it with a day off.
Instead of increased pay, at the request of the employee, another day of rest may be provided. In this case, work on a non-working day is paid in a single amount, and the day of rest is not payable. This means that an employee who receives a salary, if they use a day of rest as compensation, does not have their salary reduced. At the same time, it is not taken into account whether the employee uses the day of rest in the current month or in subsequent ones.
Thus, time off provided for work on a holiday should be excluded from the norm of accounting for working time. IN report card this day is designated as a day off by the code "B" or the digital "26" when using unified forms No. T-12 or No. T-13.
Important! Employees working on piecework pay need to be paid extra for non-working holidays when they were not involved in the work.
On what date to dismiss an employee if the dismissal coincided with the holidays
Receiving a letter of resignation from an employee on the eve of holidays often becomes a problem for a personnel officer. After all, the date of dismissal may fall on holidays according to the Labor Code of the Russian Federation, and the employee may in principle not want to transfer it.
If the last day of any period falls on a non-working day, then its end is postponed to the next business day (Article 14 of the Labor Code of the Russian Federation). You can move the date of dismissal, which fell on a holiday or weekend, only if this day is not a working day for the employee. In practice, this situation is solved as follows. If the day of dismissal is non-working for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in the event of dismissal under a fixed-term contract and for downsizing. This rule can be extended to dismissal of one's own free will.
At the same time, the day of dismissal is the last day of work. As a result, it may turn out that you need to fire an employee on a day off for the personnel officer. At the same time, this day will be a working day for the employee. This often happens when an employee works on a rotating or shift schedule. If the day for the dismissed worker, then in order to formalize the dismissal, an employee of the personnel department is involved in work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.
HIs it necessary to pay sick leave if an employee falls ill on holidays?
In general, sick leave benefits are paid for all calendar days of sickness. At the same time, non-working holidays, according to Article 112 of the Labor Code, do not need to be excluded from the calendar days of illness, since they do not belong to excluded periods for which benefits are not paid.
Important! If the days of illness coincided with non-working days, then the sick leave benefit must be paid on them in the general manner. This provision follows from part 8 of article 6, part 1 of article 9 of the Law of December 29, 2006 No. 255-FZ.
It is important for a personnel officer to take into account that labor legislation in the general case guarantees the preservation of the level of remuneration of personnel who are not working on holidays. Any exceptions to the general rule must be legally justified.
In accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are: January 1-5 - New Year holidays;
If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.
At the same time, wages in connection with non-working holidays for persons receiving official salaries are not reduced. For other categories of employees, additional remuneration is provided, the amount of which is established by local regulations of the organization or an employment contract.
As a general rule, work on weekends and non-working holidays is prohibited, with the exception of cases provided for by the Labor Code of the Russian Federation.
Engaging employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.
The law establishes that the involvement of employees to work on weekends and non-working holidays without their consent is allowed only in the following cases:
1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;
3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.
Engagement to work on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, professional athletes in accordance with the lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local regulatory act, labor contract.
In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.
Engagement to work on weekends and non-working holidays of disabled people, women with children under the age of 3 years is allowed only if this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of 3 years, must be familiarized with their right to refuse to work on a weekend or non-working holiday.
Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.
The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing work modes and shift schedules. The duration of the weekly uninterrupted rest is calculated from the end of work on the eve of the day off and until the start of work on the next day after the day off. The calculation of the duration depends on the mode of working time: the type of working week, shift schedules. With a five-day working week, two days off are provided, with a six-day working week - one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Weekends are usually given consecutively.
Weekend
Weekends are a form of rest time. Their distinguishing feature is that they are provided to employees for uninterrupted rest between working days.
The concept of "rest" in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.
The International Labor Organization (ILO) drew the attention of employers already in its early years to the fact that the well-directed use of leisure time, by enabling workers to pursue more diverse interests and by providing a break from the stress of everyday work, can increase productivity and thus can contribute to getting the most out of the working day.
It is this scientific and social approach to the establishment of rest time that currently prevails in developed countries, where the length of working time is limited by law or otherwise, i.e., obligatory uninterrupted rest time is established.
In Russian legislation, Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest for all employees.
The duration of the working week is provided for by the working time regime, five days with two days off, six days with one day off, a working week with days off according to a staggered schedule, and is established by a collective agreement or internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.
Part 2 of Art. 111 of the Labor Code of the Russian Federation, Sunday is declared a general day off. Moreover, the second day off with a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.
In accordance with the generally accepted ILO principle of providing workers with uninterrupted leisure time as far as possible, employers are left with the choice of establishing days off, taking into account the requirements of various sectors of the economy, local customs and the differing abilities and skills of various groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week in turn for each group of employees in accordance with the internal labor regulations of the organization.
According to Art. 110 of the Labor Code of the Russian Federation, the duration of a weekly uninterrupted rest cannot be less than 42 hours. Legislative consolidation of the lower limit of this period of time reflects the seriousness of the state's attitude to the complex of various aspects of the physical, mental and social well-being of workers. After all, the lack of free time may ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activity of the state.
In addition, the very size of the minimum period of uninterrupted free time reflects not only the social side of labor activity, but also the level of economic development of society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.
The beginning of the specified in Art. 110 of the Labor Code of the Russian Federation of the period is calculated from the moment the employee finishes work on the last day of the calendar or working week, when working according to the shift schedule, and the end, respectively, from the moment he enters work on the first day of the new calendar or working week. The specific duration of the weekly uninterrupted rest depends on the operating mode established in the organization, i.e. on the type of week: 5-day, 6-day or shift schedule, and on the employer's calculations.
By the way, it is precisely for the purpose of complying with the established standard of time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of days off with a 6-day working week - no more than 5 hours.
Non-working holidays
Every country in the world has its own official holidays, when the population is not involved in work, but rests.
Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called "On Holidays" or "On Holidays", in others - holidays are introduced and canceled by separate acts for each specific day, in others - Holidays are established by general regulatory legal acts regulating public administration.
In the Russian Federation, the list of public holidays is determined by Art. 112 of the Labor Code of the Russian Federation. After amendments to it by the Federal Law of December 29, 2004 No. 201-FZ, non-working holidays in the Russian Federation are:
- January 1, 2, 3, 4 and 5 - New Year holidays;
- January 7 - Christmas;
- February 23 - Defender of the Fatherland Day;
- March 8 - International Women's Day;
- May 1 - Spring and Labor Day;
- May 9 - Victory Day;
- June 12 - Day of Russia;
- November 4 is National Unity Day.
If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.
Most workers are aware that there are days on the calendar that extend the period of temporary retirement. A festive day during a vacation is an opportunity to take a longer walk. Therefore, workers tend to choose a time for rest that falls on the official red date. However, not everyone knows how periods are taken into account in the calculation of vacation pay.
We will analyze if the vacation falls on a holiday, how this affects payment. Is it profitable to "extend" the holidays at the expense of red dates. How these magical days are defined, giving the right to take a longer walk.
Rules for granting annual leave
The list of holidays is defined in Art. 112 article of the Labor Code (LC) of the Russian Federation. They never change. However, the Government of the country may postpone the weekend for a different time. This fact is also taken into account when calculating the vacation.
In Art. 114 of the Labor Code, a rule is prescribed, according to which the employer is obliged to release the worker from service to recuperate and rest. According to the law, for this period, the employee retains:
- average earnings (vacation);
- work place.
Such a privilege is provided on a mandatory basis to all employees, regardless of the form of employment:
- permanent;
- temporary;
- pieceworkers;
- seasonal and others.
In addition, according to the law the employer is obliged to approve the vacation schedule no later than 14 days before the end of the reporting year. That is, periods of departure from business are planned in advance. The personnel department is responsible for compiling the document. As a rule, an experienced specialist takes into account all the nuances of the next year (the presence of holidays and weekends).
The schedule is allowed to be drawn up in different versions. There are two forms that have taken root in practice:
- with affixing the dates of the beginning of the vacation period;
- with the inclusion in the calendar of only the month of rest of the employee.
Holidays
Special dates that affect the length of vacation time are listed in Art. 112 TK. They are:
Non-working holidays in the Russian Federation are:
- January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
- January 7 - Christmas;
- February 23 - Defender of the Fatherland Day;
- March 8 - International Women's Day;
- May 1 - Spring and Labor Day;
- May 9 - Victory Day;
- June 12 - Day of Russia;
- November 4 - National Unity Day.
The rule for taking them into account in calculating the retirement period is simple - they are skipped. For example, if a worker decides to take an annual basic leave (EOO) from 12/31/17 for 14 days, then the days from January 1 to January 8 are simply skipped. Counting continues from 01/09/18:
- 12/31/17 - the first day;
- 01/09/18 - the second and so on.
In this paragraph, there is another important norm for vacationers. She talks about the transfer of a holiday that falls on a weekend to the next day. This rule does not apply to New Year and Christmas holidays.
Hint: A holiday is a day of rest, just like EOO time. Therefore, no extension is made. Holidays are excluded from the calculations.
An important subtlety of counting
Despite the fairly precise wording of the legislation, there is a lot of confusion with the holidays. It's all about the correctness of the application for the EOO. In the Russian Federation, it is customary to indicate in the document the start and end dates of the vacation period. That way:
- releases the employer from postponing holidays to the next day;
- does not give the worker the right to walk longer.
For example, if the application contains a request to provide an EEO from 12/31/17 to 01/14/18, then the date of entering the service is 01/15/18. The same application can be made differently. That is, ask to be released from work from 12/31/17 for 15 days. Then, according to the norms of the legislation, the employer is obliged:
- exclude New Year holidays and Christmas from the entire period;
- to extend the period of temporary withdrawal from business;
- You will need to leave the service on 01/23/18.
- official holidays are excluded;
- weekends are taken into account.
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Is it possible to start a vacation from the red day of the calendar
There are no prohibitions in the TC on this matter. A person has the right to start rest from any day, at his discretion. At the same time, it is up to the accountant and personnel officer to conduct the correct calculation of the period and vacation pay.
The concept of a production calendar
Specialists involved in personnel records management and accounting have come up with an auxiliary tool - a production calendar. Such an informal document is drawn up at the beginning of the calendar year. It specifies the days:
- workers;
- weekends, including postponed;
- holiday.
The form of the directory is chosen independently, taking into account the specifics of production. The data is given in days and hours. The tool helps to take into account all the nuances of the current calendar in the calculations.
Vacation pay calculation
The rules for determining the amount of payment are given in Art. 139 of the Labor Code, and also explained in the Regulations approved by Decree of the Government of the Russian Federation No. 922 of 12/24/07. The amount is determined on the basis of the average daily earnings calculated for the previous year of work.
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When calculating, the question arises of inclusion in the period of red days. The confusion here is introduced by subparagraph "a" of the fifth paragraph of the Regulations. According to its text, the time of the previous EGS (and funds for it) is excluded from the period for calculating the cash benefit.
The Ministry of Labor of the Russian Federation has dealt with this complex topic. In a letter dated December 15, 2016 No. 14-1 / B-351, the department explained to employers the following:
- holidays are not excluded when determining the average daily salary;
- they should be taken into account in general.
Additional leave
Calculation of periods and payment of additional leave is carried out according to the same rules as the EOO. The days specified in Art. 112 of the Labor Code are excluded, and other days off are taken into account. Payment is made based on the indicator of the average daily wage of the worker for the previous year.
At your own expense
Another requirement to provide a period of retirement to resolve personal problems. Such "simple" is not paid. Its definition is given in Art. 128 TK. In particular, the text states that the purpose of such non-participation in labor activity is not rest. Based on the logic of the legislator, holidays are not excluded from the period of leave without pay.
Download for viewing and printing: Tip for workers: it is unprofitable to write a statement at your own expense before the red days of the calendar. It is necessary to indicate the exact dates of departure and return to service, which do not coincide with those specified in Art. 112.
Educational and maternity
These types of official absence from the workplace are associated with the performance of certain duties:
- training;
- taking care of the baby.
Due to the fact that both terms are not related to rest, holidays are not taken into account when calculating them. That is, these types of vacations are provided for a period specified in the application.
sick leave
In Art. 183 of the Labor Code, a rule was written on maintaining the maintenance of sick employees. The rules for calculating such are given in Art. 7 of Law No. 255-FZ. At the same time, the rest period is increased by the number of days of sick leave. In addition, if a public holiday falls at the same time, it is rescheduled. That is, in general, the period of absence of a person in the service increases by the number of such days:
- temporary disability;
- official holidays listed in Art. 112.
For example, Ivanova S. took EOO from 06/11/18 for 14 days. On the same date, she fell ill and issued a disability certificate for 4 days. By order, Ivanova S. was supposed to go to work on 06/26/18. (06/12/18 is skipped). She provided the administration with a certificate of incapacity for work. The employee's period was recalculated. Ivanova S. began her official duties on 07/02/18 (since 06/30/18 is Saturday, and 07/01/18 is Sunday).
Hint: in the time sheet, it is necessary to really reflect the reason for the absence of the worker at work. For example, days of absence at one's own expense are marked with the symbol "НВ" or the code "28". Download for viewing and printing:
Vacation pay example
Prokofiev V. decided to take a break at the beginning of the year. He turned to the personnel officer with a request to explain how best to draw up a statement and not miscalculate. The specialist made an approximate calculation of the vacation pay due. Starting conditions:
- the beginning of the holiday from 01.01.18;
- term - 14 days;
- average daily earnings - 1,800.0 rubles.
If Prokofiev V. indicates the end date of the holiday on 01/14/18, then he will go to work on 01/15/18. Get your hands on:
- 6 days (from 1 to 8 are excluded) x 1,800.0 rubles. = 10,800.0 rubles
If he indicates in the application that he wants to receive an EOO for 14 days, he will enter the service on 01/23/18. The benefit will be:
- 14 days x 1,800.0 rubles = 25,200.0 rubles
Rules for replacing EOO with money
The norms of the Labor Code are based on the text of the Constitution of the Russian Federation. The Basic Law guarantees people the right to rest. Therefore, employers are prohibited from replacing the established minimum EWL with cash. Besides, Every year, the employee must take at least 14 days off in a row. The rest can be transferred to another time.
Pieces of basic and additional holidays tend to accumulate. Employees are asking for compensation. This operation should be done with extreme caution. It should be borne in mind that annually, the employee must actually recuperate for 28 days. It is strictly forbidden to replace this time with cash. For violation of this rule, the head faces a fine.
If a person is entitled to any type of paid additional allowance, then it is allowed to compensate him. An exception is the additional days provided for work in harmful and dangerous conditions.
ST 112 of the Labor Code of the Russian Federation.
Non-working holidays in the Russian Federation are:
- 1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
- Jan. 7- Nativity;
- February 23- Defender of the Fatherland Day;
- March 8- International Women's Day;
- 1st of May- Labour Day;
- 9th May- Victory Day;
- 12 June- Russia Day;
- November 4- National Unity Day.
If a weekend and a non-working holiday coincide, the day off is transferred to
the next working day after a public holiday, except for weekends coinciding with
non-working holidays specified in paragraphs two and three of part one of this
articles. The Government of the Russian Federation transfers two days off from the number of days off,
coinciding with the non-working holidays specified in the second and third paragraphs of the part
the first of this article, on other days in the next calendar year in the manner prescribed
part five of this article.
Employees, with the exception of employees receiving a salary (official salary),
for non-working holidays on which they were not involved in work, paid
additional reward. Amount and procedure for payment of said remuneration
determined by the collective agreement, agreements, local regulations,
adopted taking into account the opinion of the elected body of the primary trade union organization,
labor contract. The amount of expenses for the payment of additional remuneration for non-working
Holidays are included in labor costs in full.
The presence of non-working holidays in a calendar month is not a basis for
reduction of wages for employees receiving a salary (official salary).
For the purpose of rational use by employees of weekends and non-working holidays
days weekends may be transferred to other days by federal law or regulatory
legal act of the Government of the Russian Federation. At the same time, the legal act
of the Government of the Russian Federation on the transfer of days off to other days in the next
calendar year is subject to official publication no later than one month before the onset of
the corresponding calendar year. Adoption of normative legal acts of the Government
of the Russian Federation on the transfer of days off to other days during the calendar year
allowed subject to the official publication of these acts no later than two
months before the calendar date of the holiday being set.
Commentary on Art. 112 of the Labor Code of the Russian Federation
1. Part 1 of the commented article establishes all-Russian non-working holidays. Taking into account the delimitation of powers between the federal state authorities and the state authorities of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them, the constituent entities of the Russian Federation have the right to establish additional non-working holidays, in addition to those established by part 1 of the commented article 112 of the Labor Code of the Russian Federation. This is of particular importance in a multinational and multi-confessional state, which is the Russian Federation. Replacing individual non-working holidays provided for by federal law with other days would be contrary to the Labor Code of the Russian Federation (see also the commentary to it).
2. In accordance with parts 3 and 4 of the commented article, non-working holidays are payable. Employees whose remuneration system provides for the monthly payment of a salary (official salary), if there are non-working holidays in a calendar month, the amount of wages for this month is not reduced. Under other systems of remuneration for non-working holidays, on which employees were not involved in work, they are paid additional remuneration. The procedure for establishing the amount of remuneration is specified in part 4 of the commented article 112 of the Labor Code of the Russian Federation.
