Workers sometimes face a problem regarding their well-deserved rest. It can be formulated as follows: is there a holiday on vacation ? The question is quite simple, but requires clarification. The confusion is connected with the different interpretation of the wording itself.
Let's see if holidays are included in the calculation of holidays in order to save ourselves from anxiety, and personnel officers from unnecessary fuss.
The legislative framework
Everything related to the relationship between the administration and the employee is described in the Labor Code. And to begin to find out whether a holiday is included in the holidays, it is with this document. We will need two articles: 120 and 112.
The first describes the procedure for calculating vacation days. Clause 1 of this article clearly indicates the inadmissibility of including days recognized as holidays in the general period of rest. The second of these points of law gives us an explanation of what dates are in question.
However, the legislative base is not limited to this. In the constituent entities of the Russian Federation, other holidays can also be established. To understand what to do with them, you need to study the relevant documents. They describe the status of the date, that is, whether it is a day off.
Sometimes the staff of the enterprise, in agreement with the administration, supplements this list. This fact is necessarily reflected in the contract. That is, you should look into local documents. By the way, the employee information about whether the holiday is included in the holidays, is needed only for reference. But more on that later.
What dates are we talking about
People like to relax, there is nothing reprehensible in this. And, going to write a statement or choosing a date for inclusion in the schedule, workers with experience think of it for the holidays. Why are they doing this? Let us explain to young people: this is a way to increase the total number of days of absence from the workplace. That is, due to certain dates, vacation increases. We are talking about those holidays, which are reflected in article 112 of the Labor Code. All holidays that are not included in the rest period are listed there:
- New Year and Christmas days (from the 1st to the 8th of January);
- Defender of the Fatherland Day (February 23);
- March 8;
- May 1 (Holiday of Spring and Labor);
- Victory Day (May 9);
- June 12 and November 4.
Tip: try to plan your vacation for them. Then get a longer rest period.
How is vacation considered?
Let's look at an example. In order to accurately determine whether holidays are on vacation (2016), you need to see how this happens in practice. Suppose, according to the schedule, an employee is supposed to start rest from June 9th. The duration of the period is 28 days. We look at the dates given: June 12 is a holiday. For simplicity, the personnel officer, counting the period, will skip this date. That is, it will slip on June 12, will not include it in the total number of days. The rest will be counted and get that a person needs to go to work on July 8th.
If Russia Day had not been celebrated during the mentioned period, then the date of assuming their labor duties would be on the 7th. What, then, should the employee do? How to indicate your awareness? The question is often asked: is it necessary to indicate the holidays in a statement or something else like that? Let's figure it out next.
Paperwork and calculations
We have already pointed out that knowing whether a holiday is included in the holiday is only worthwhile for the workers for general development and little control. To fulfill the TC in this respect is the direct responsibility of the administration. It will be asked from the personnel officer and accountant why human rights are violated. That is, the specialist, having received your application, must take into account all the nuances of calculating both the period and the amount due.
The employee is concerned only in the sense that he will be able to walk longer. He can also independently monitor the diligence and law-abiding personnel officer. No additional paperwork is required.
The specialist must reflect the non-inclusion of the holiday in the order. The official order of the management indicates two dates: the beginning and end of the rest period. A person is obliged to enter the service the next day. And when calculating the personnel officer takes into account the articles of the TC. Going to understand it is worth it only if an error is detected. She doesn’t want to correct it - only then one should be indignant, naturally, culturally and in accordance with all the rules. But more on that later.
Does the holiday include a holiday on June 12?
The simplest question from those that arise when considering this topic. To remember the answer, it is proposed once again to turn to the 112th article. It clearly and unequivocally lists holidays that are not included in the holiday period. And June 12 is one of them. Therefore, such questions should not arise among literate people.
According to the legislation of the Russian Federation, the named date is a day off, during the holiday period is not included and is celebrated by public events. If the administration believes otherwise, then these people are violators. Write a complaint to the labor inspectorate.
Do holidays include New Year holidays?
This is more complicated. To get started, see the above article. The exact dates of the holidays are given there. And nothing needs to be invented. The legislation strictly and unequivocally speaks of the procedure for non-inclusion on vacation. The employee should only submit an application. The paper indicates the type of vacation, the date it began. The rest is up to the personnel officer.
The specialist will calculate when the rest should end, in strict accordance with the TC. That is, he will miss the whole eight days of the holidays. It turns out that the vacation will be quite long. It should be warned that this does not affect the amount of payments.
Holiday
There are two benefits to an annual holiday. Firstly, it is an opportunity not to go to a boring service. Secondly, getting vacation pay, that is, money that you are not paid for labor.
The meaning of the question - is a holiday included in another vacation - is often associated with money. Charges are made according to a special formula, which takes into account the average earnings for the year and the number of days of rest. The latter indicator is the subject of a dispute between the employee and the accountant. Especially when it comes to the New Year holidays.
Right, of course, a competent specialist who has studied TC. Article 120 says, we repeat, the non-inclusion of holidays during the rest period. And this means that they are not taken into account. In the first example given, the accountant will charge money for 28 days of vacation, although in fact the person will walk longer (29). The law exists for everyone, no matter how much we want to get more, but work less.
Other clarifications
Section 120 applies to primary and secondary leave. This means that official holidays are not included in any paid vacation period. No application in this regard should be submitted. Once it is written in the legislation, it means that the enterprise administration is obliged to execute it. Regardless of the type of vacation, the personnel officer will skip this date when counting. But do not extend this provision to unpaid vacations. Since the 120th article clearly describes those holidays to which its rules apply. It only shows paid periods.
If you notice errors in the calculations, then you should tell the management about them. For this, there is a special form of the document: a memo. This paper is drawn up in the name of the head. It indicates the essence of the problem, specific claims. But first, it is advisable to talk with the personnel officer. Perhaps the person was simply mistaken. And this is corrected in a simple way: by changing the text of the order. In the most difficult cases, it is recommended to contact the labor inspectorate. This organization is designed to protect the rights of workers.