Do holidays include holidays, or are they carried over?

It is important to understand whether vacations are on holidays, it is important for both the employee and for those who maintain personnel and accounting records, because incorrect calculation of vacation may reveal problems when inspecting inspection bodies. We will deal with this issue.

Holidays are not included in the holiday period

According to the provision of Article 120 of the Labor Code of the Russian Federation (part one), holidays can not affect the duration of vacation in any way.

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 the employees know that rest days necessarily fall on New Year holidays and Christmas, male and female days, May holidays and one holiday day in summer and autumn.

How to write a vacation application

The employee very often asks the question whether the holidays are on a regular holiday and, planning in such a situation to write a statement, does not know how many days to specify. Here it is necessary to understand: the total duration of leave will not be increased, only the time of absence of an employee will last for the number of holidays that will "capture" an annual holiday.

Let's try to explain by example. The employee wrote an application for a vacation, asks for rest 14 calendar days from the first of May. Question: Are holiday May days on vacation? Answer: No, they do not. However, the last day of rest for the employee will be on May 16, not 14. This registration will comply with the requirements of the law and will not raise questions with the inspecting authorities.

Many employees use this and write an application, for example, for 7 calendar days from January 9, thus ensuring a proper rest, without losing the days of the holiday. This circumstance causes dissatisfaction of employers, but such actions on the part of the employee are not prohibited by law, and the head can not clearly argue why he refuses the employee for such a request, especially if in the summer the employee has only walked 2 weeks.

On the preparation of documents for the holidays

Quite often on the forums you can see questions about whether or not holidays are on vacation. Trying to give an explanation, it is worthwhile to talk about the whole algorithm of registration of the annual leave.

Approximately two weeks before the end of the calendar year, the HR specialists make a schedule of vacations taking into account the wishes of the employees. In practice, if the company is large, department heads, senior specialists, shop masters make up lists that reflect the preferences of employees, and then transfer the information to the personnel department. The clerk carefully enters the data into the schedule, checking them with the leftovers (for the employer it is important that the debt does not accumulate, but the employee should not walk "forward"). Further, the schedule of holidays is signed and approved by the order of the General Director.

For 2 weeks (not later) before the beginning of the well-deserved rest the worker should receive the notice. It is made by his personnel officer, where he notifies the employee that he is on vacation. The employee writes an application, or if he does not want to go on vacation, he asks to be transferred in writing. Everything looks rather difficult, but according to the rules of KDP maintenance notification and application for transfer must be.

Also for 2 weeks an order is made for annual leave. He is signed by the general director, after which the employee signs on him the certificate of familiarization. The order of registration of documents remains regardless of whether the holiday falls on holiday or not.

How to determine the last day of rest

It is very important for novice human resources specialists to learn this information. If you have already received an answer to your question about whether holidays are on holiday, you can immediately go to the item about payment. However, if you are engaged in processing personnel documents, then, perhaps, evaluate the following rule: each holiday pushes the release date for one day. It is very easy to remember and apply in practice. It turns out that the holidays on holiday are postponed, prolonging the rest of the employee.

About payment

Very often, employees starting their work and preparing to take their first vacation, have illusions about the fact that if the annual holiday captures the holidays, then the holiday money will be received more. This is absolutely untrue.

It should be remembered that, according to Article 120 of the TCRF, holidays can not only be included in the holiday period, but also are not payable. Therefore, no matter how we would like, no additional money will be received in this situation. Regardless of whether holiday holidays are included, if the application is made for 14 calendar days, then we will receive money exactly for these days of vacation.

However, it should be noted that the more holidays in the calendar month, the more expensive will be the working day. It turns out that if a significant part of the vacation falls on working days, it may not be profitable for money.

Having issued a holiday for the holidays, on the contrary, you can gain a little, losing the days that you could rest in any case.

Therefore, if the system in the organization is not too rigid and does not require mandatory observance of the vacation schedule, then, having established friendly relations with the accountant for the calculation of wages, it is quite possible to "figure out" how many holidays should be included in the holiday in order to minimize the loss of money .

Start a holiday from the holiday

Here it is worthwhile to say about the expediency of such an action. Write a statement on a public holiday is not prohibited by law, but there is no point in this, as the employee should still rest on that day, but on the amount he will receive three days before the start of vacation, this will not affect.

Holiday days on vacation are carried along the same principle as described above: one day will be added to the total duration of leave, for example, for 14 calendar days. This rule applies to this case.

If the holiday schedule indicates that the start date of the leave is January 1, the employee can write an application from that date. In this case, if he wants to go on vacation for 14 days, the date of his release will be on January 23. It is worth noting that in most companies, vacation management is flexible: at the initiative of the employee, it can be transferred legally.

Festive day "at own expense"

Surely someone has ever wondered if the holidays are included in the holiday "without content"? The need to formalize it occurs with 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, we simply draft a statement for five days "without saving wages". There will be no transfer in this case, on the 27th the employee must appear at the duty station.

In the second case, in order to avoid confusion when checking, the employee is asked to make a statement on the absence on working days.

Do the holidays include study leave

Those employees who combine work and study have the right to additional rest. They write an application for study leave at the main place of work on a legal basis. The organization where the employee works part-time, is not obliged to provide this type of rest, unless it is specified in the labor / collective agreement.

This type of leave is also calculated in calendar days, but holidays are included in its duration and, what is pleasant, are subject to payment. This type of leave can not be extended even if the employee takes a sick leave. The sickness benefit is only accrued if the employee continues to be ill after the completion of the study vacation.

About holidays in the subjects of the Russian Federation and the Republic of Belarus

Now let's look at the question of whether holiday holidays are included in holidays in the subjects of the Russian Federation. It is known that authorities in the regions can determine additional non-working days on the basis of regulatory enactments. On the basis of clause 7 of Article 4 of Federal Law No. 125 in the constituent entities of the Russian Federation, religious holidays can be declared non-working, and the employer must comply with both the requirements of the Federal Law and the regulations of the regional authorities. It is worth noting that, according to part one of Article 112 of the LC RF, the list does not specify non-working holidays of such republics as Bashkortostan and Tatarstan.

Now, separately about the Republic of Belarus, do you have holidays on vacation. RB in the Labor Code (articles 151 and 171) states otherwise. Holidays are not included in the holiday and are not payable. The duration of rest is not prolonged. The only condition for changing the situation may be the introduction of this paragraph into a collective agreement (Article 171).

Nevertheless, the organization, whose activities are conducted on the territory of a constituent entity of the Russian Federation, which determined in the regulatory acts additional non-working days, is obliged to postpone the leave for one day, determining the date of the employee's exit on the principle of "plus one day to the release date". That is, the employee's rest period increases by 24 hours. It is important to remember that on the number of days of vacation this does not affect in any way, and the amount of vacation money also does not increase. This position is fixed by the second paragraph of Rostrud's letter No. 697-6-1 of September 12, 2013, No. 697-6-1. This is the answer to the question of whether the holiday is on holiday in the constituent entities of the Russian Federation.

Based on all of the above, we can draw the following conclusions:

1. If the holiday falls on holidays, this does not affect its duration and the amount of vacation pay.
2. It is possible to say unequivocally how profitable it is to take a holiday on holidays, only by considering a particular case.

When deciding on the beginning of leave, it is best to get a preliminary consultation in the accounting department.