Annual leave is considered the right of employees torelaxation. Some specifically choose numbers before the holidays to rest for a longer period. There are some nuances in the law about this. If vacation days fall on holidays, can they be transferred? This is covered in the article.
In Art.112 of the Labor Code of the Russian Federation indicate dates that are considered non-working days off. Do vacation days transfer if they fall on holidays? Yes, it is approved by law. For example, if during a holiday there was 1 holiday, then the holiday is extended automatically by 1 day. It is important to know the managers and employees.
But this does not always work in practice.Often, vacation is set from one date to another so that there is no confusion. Moreover, not everyone can know about such subtleties of the law. To avoid disagreements, it is necessary to specify in advance the period of your holiday. If any vacation days fall on holidays, then it is better to talk about this with your supervisor right away.
By law, all employees are grantedspecific rest period. Its total duration is 28 days, which can be divided during the year. Some categories of employees are provided with additional dates, so their absence from work may be longer. For example, teachers are given 54 days.
The procedure for going to rest is establishedpre-scheduling. Everything must be agreed between the staff and the employer. The schedule is drawn up and approved no later than 14 days before the onset of the agreed year. Even if vacation days fall on holidays, the rest period is paid based on the average salary of the employee over the past year. Payment is transferred 3 days before the rest.
If vacation days fall on holidays, they are transferred on the basis of the norms of the law. In Art. 112 of the Labor Code of the Russian Federation indicates holidays, which in Russia are considered over the weekend:
By law, if the holiday coincides withSaturday or Sunday, the following working day will be the weekend. The exception is the New Year and Christmas holidays. Therefore, if vacation falls on holidays in January, the rest period is not extended.
By order of the Government of the Russian Federation, weekends canbe postponed to specific dates. This is notified in the regulatory document, which is provided until December 1. If holidays fall on holidays in March, for example, by the 8th day, then the rest will be increased by 1 day.
The law says that the annual paidvacation - the time period that should be used for the rest of the employee from their activities. At the same time the position and salary are saved. It does not depend on the type of payment, shift work and other factors. All employees have the right to rest, including:
Conditions for the provision of recreation are specified incollective agreement or other documents of the institution. They are necessarily consistent with the views of the trade union. Continuous vacation is provided to employees annually. By law, it is supposed to work six months later, but by agreement it may be provided earlier.
The lack of rest for more than 2 years is not allowed under the Labor Code of the Russian Federation. Some employees can take it at any time. It refers to:
Vacation without a schedule is provided by the employeeFar North, who need to leave with a child for admission to school. There is also an additional rest, which is provided to employees whose work is dangerous, is performed in a difficult climate and is not standardized. Its duration is 7 days.
A production calendar is a documentwhere days off, working days, holidays are indicated, including their displacement on different dates. It indicates the time norms of work based on the specifics of the organization. The calculation is performed in days and hours.
The production calendar is considered indispensable.tool for scheduling rest and counting financial payments. If the vacation falls on holidays, how to arrange it? The employee does not need to issue anything extra; he only needs to write an application for the provision of annual rest.
When workers write a vacation application, theymay 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 must go out on June 14.
The worker indicates the start number in the application.rest and its duration. The release date is automatically transferred to 1 business day after the end of the holiday. To avoid difficulties with the calculations, this is the option used in personnel departments.
The nuances of the weekend are present in art.111 of the Labor Code of the Russian Federation. When they fall on holidays, the latter are transferred with the help of the Government of the Russian Federation to the rest of the working days. Usually follow before or after a match, but you still need to follow the documentation, which must be published. The legitimacy of this is repealed by Art. 112 of the Labor Code of the Russian Federation and Government Resolution No. 600 dated August 5, 2010.
If the holiday has come on a day off, thenThe first work date will fall on the second post-holiday day. For example, in 2016, June 12 was on Sunday. It turns out that June 13 will be a day off. Everyone starts work on June 14, and those who leave the holiday - on the 15th.
And if vacation days fall on holidaysemployee working in shifts? This situation is different from the rest. The employee performs work in which it is necessary to be present at his place, whatever the period. These people begin their duties in the time indicated in the schedule.
If a person works in shifts, then the holidaydays are considered holidays. To avoid confusion with the charts, you need to go to the specified dates. But if there are unused vacation time, then the employee will be able to use it.
Most people believe that rest shouldstart on Mondays and end on Friday. And so many employees of the personnel department think so. This is not entirely true; doubt contributes to the contradiction indicated in the Labor Code of the Russian Federation. Therefore, it should be more detailed to understand the norms of the law.
In Art.110 states that each employee has the right to uninterrupted rest in the amount of 42 hours. The mistake is that personnel officers refer to Saturday on days off, and this status only has Sunday (Article 111 of the LC RF). Some organizations have “floating weekends”. They can fall on Saturday and Monday. It turns out that vacation can be provided from Tuesday.
Art.120 states about the obligation of the employer, if the employee wishes, to grant him leave in calendar working days. There is no ban on specific dates of rest, as the employer does not have the right to dispose of employees. Various disputes over the rest are resolved by scheduling, in which the rest always starts on Monday.
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 said that the rest lasts 28 calendar days. Holidays are not paid, only the vacation itself is extended. But still there is a subtlety relating to this area.
With the calculation of vacation pay plays an important role"Cost" of the working day. Each month it may be different. The most "expensive" is January due to a small number of working dates. For example, the January day will be more expensive than the February one.
Таким образом, происходит ли перенос дат во время leave, should rely on the rule of law. It is necessary to preliminarily stipulate everything with the management so that in the future no disagreements arise.
