Vacation. Are Saturdays and Sundays included? Comments on Articles 115 and 125 of the Labor Code of the Russian Federation

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Published: 05/26/2016

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Almost every day, HR employees have to deal with calculating vacation time for another employee.

At first glance, this work should not be difficult, but in fact there are many nuances that should not be forgotten. For example, often a vacation coincides with another holiday, which is already recognized as a day off. Will the employee's vacation be extended in this case?

We will talk more about this in this article.

• How are holiday weekends transferred in accordance with the legislation of the Russian Federation?
• How can weekends and holidays affect the duration of vacation? Saturday and Sunday
• Official holidays
• Rescheduled weekend

Weekends and holidays: deciphering concepts

The right to work and rest is enshrined in the Constitution of the Russian Federation; the relationship between these categories can be seen in the Labor Code. A working week not exceeding forty hours is considered optimal and permitted by law. But this norm does not prohibit citizens from working more. While performing their official duties, they are provided with rest, which can be short or long.

The shortest periods are the usual lunch breaks, during which you can relax and eat. Weekends and vacation periods are considered a longer period of relaxation. Don’t forget about holidays, which allow you to take a break from work. To clarify the situation, it should be understood that all these categories have different bases.

According to the Labor Code of the Russian Federation, a day off is considered the day due to each employee for fully worked hours. If a person works a five-day week, he is given two days at the end of the week to recover. In the case of a shift schedule, rest is carried out in a flexible mode.

Holidays are a special category called “red days of the calendar.” They are established by law and have specific dates, so they may fall on a weekday. Citizens with a standardized schedule do not go to work. Shift personnel forced to work on “red dates” receive double pay.

Official list of holidays

Article 112 of the Labor Code of the Russian Federation clearly states the list of officially established holiday dates. They are considered non-working.

1. Holidays associated with the onset of the New Year and the Nativity of Christ, which occur at the beginning of January, namely from the 1st to the 8th.
2. Defenders of the Fatherland Day – February 23.
3. The spring holiday of all women is March 8th.
4. May Day of spring and labor - May 1.
5. The date of Victory in World War II and WWII is May 9.
6. Russian State Day – June 12.
7. Day of Unity of the Peoples of Russia - November 4.

It is also worth highlighting the religious holidays that are celebrated by the constituent entities of the Russian Federation (Ramadan, Kurban Bayram). They may be considered non-working, but at the same time they do not have state status.

Vacation Holidays: What You Should Know

In accordance with legislative acts, the following days are considered non-working days in Russia:

Regional authorities provide additional holiday dates due to religious holidays or other reasons. This is stipulated in Law No. 125-FZ of September 26, 1997.

In the event that annual leave falls on one or more days declared as holidays, they are not included in the rest period. This case is regulated by Art. 120 Labor Code of the Russian Federation. In addition, they are not paid in the amount of average earnings. In this case, the vacation is extended by the number of days that are declared non-working at the federal level. This rule applies to both main and additional leave. If the holiday falls on the dates when the employee took a vacation “at his own expense,” that is, without saving his earnings, then it will not be extended.

Legislative regulation

The Labor Code of the Russian Federation clearly states whether holidays are included in vacation or not and whether they are paid, and whether it is even possible to take vacation on holidays.

An employee planning to go on vacation must find out whether there will be any days officially recognized as holidays during this period. If there are any, it should be taken into account that they are not included in the general vacation . But you shouldn’t expect payment during this time. All this is described in detail in Russian Labor legislation, namely in Article 120.

Article 120. Calculation of the duration of annual paid leave.

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

The official list of holidays can be seen in Article 112 of the Labor Code of the Russian Federation. At the same time, Russian legislation states that individual constituent entities of the Russian Federation have the right to establish additional holidays. Most often these are religious events.

This right is given to subjects by Federal legislation. You can read about this in detail in 125-FZ in article 4, paragraph 7.

Russian Labor legislation also contains information on how days off are taken into account and paid. This issue is regulated by Article 120 of the Labor Code.

It says here that weekends are necessarily included in the general vacation period . Accordingly, they must be paid correctly.

Weekends and holidays in calculating the vacation period

A certain part of the working population, whose annual rest period supposedly coincides with officially established non-working time in connection with special calendar dates, is interested in whether weekends and significant days are taken into account in vacation. You need to clearly understand how state holidays, the rest period at the end of the week with paid leave, correlate with each other, especially as reflected by law.

Regulations

The procedure for registering annual leave for workers is regulated by approved rules, which are provided for in Chapter 19 of the Labor Code of the Russian Federation. It also clearly reflects the standard period of rest from performing professional duties, the possibility of providing an additional period depending on the conditions in which a person works, as well as the features of the formation of vacation schedules.

This section contains the procedure for calculating vacation taking into account holidays, which may inevitably coincide with this period, as well as the conditions for their transfer so that workers have the opportunity to rest for a longer period.

It is important to know! The list is enshrined in Article 112 of the Labor Code of the Russian Federation, and these dates are officially considered non-working. It includes six holidays and the long New Year holidays.

Accounting and payment for holidays

Vacation planning is carried out by HR specialists in advance, with a view to the coming year. The Labor Code clearly defines the rules for calculating rest periods and the procedure for drawing up priority schedules for employee personnel. They reflect information such as the date of leave and its duration for each employee. Therefore, the number of days is determined at this stage.

The procedure for forming and the length of the shortest vacation are reflected in Article 115 of the Labor Code of the Russian Federation. Thus, the rest that all workers are entitled to every year must be at least twenty-eight calendar days. This phrase means that its longevity is determined taking into account all days of the week without exception, and not just workdays. At the same time, the question arises: are days off on vacation paid?

The formation of the sequence of vacations for employees and the calculation of payments for this period are carried out by employees of the HR department. In the process of determining the duration of rest, they proceed from the specific date of its start, to which they add the required number of days. According to current legislation, each employee is entitled to use the entire vacation, or only a part, dividing it into short-term periods. Taking into account his wishes, the duration of the rest is determined.

Attention! When vacation is issued taking into account weekends, they are paid in proportion to the employee’s salary. Thus, the amount of payments will be increased in proportion to the number of non-working days.

Accounting and payment for holidays

Often, working citizens planning to take a break from their official duties have doubts whether weekend holidays are included in vacation days. Since they are marked by law as non-working, they do not play a role in the initial determination of the duration of the rest period, but are added to it at the end. In other words, the total number of days included in the vacation period increases by the number of holidays.

An excellent assistant for working citizens is the production calendar, which combines all the information about holidays added to the vacation period and the transfer of days off. Using this help will simplify the counting procedure and eliminate errors.

From a financial point of view, the presence of holidays during the holiday period has no effect. This means that vacation pay will be accrued without taking them into account. After all, if the employee had been working at this time, he would have been released from it without pay. However, the combination of vacation and holidays is still beneficial, since a person rests much longer and has the opportunity to attend to personal matters not related to production.

Example of calculating vacation days

So, we have decided that vacation includes days off, which must also be paid. And holidays are not paid, and the number of holidays is extended.

Here's an example of a calculation:

Employee Arefiev A.O. took his allotted 28 days of rest. He entered the required vacation dates into the vacation period schedule in advance. The beginning fell on December 26. We will determine how many days he will be paid. And also what date he should be at work.

1. We calculate the total duration of rest to determine what date the employee is required to report to the workplace.

Beginning December 26, 2017.

The total amount of vacation period is 28 days.

If there were no holidays at the specified time, the employee would have been required to leave on January 23, 2018. But the vacation covered 8 days of legal public holidays, so you only need to go out on January 31, 2018.

1. But vacation compensation will be calculated only for 28 days, since according to the law, New Year holidays should not be paid.

28 * average daily wage = compensation for the next annual vacation.

The average daily salary is calculated for the last 12 months worked. All earned income is taken, excluding some targeted one-time payments, divided by 12, and the resulting figure is divided by another 29.3. 29.3 is the average number of days in a month. The amount received will be considered the average daily salary of a particular employee.

Taking into account weekends and holidays on vacation: special cases

If all workers have an idea about weekends, then they learn about significant dates, or rather the corresponding days of rest, from official sources. This issue is regulated by Art. 112 Labor Code of the Russian Federation. The government annually publishes a document that determines the procedure for postponing holidays. This is done to ensure that working time and rest periods are used with maximum benefit and rationally.

Postponement of days off due to holidays

Unfortunately, significant dates do not always stand apart on the calendar. In different years, there are cases independent of the person when holidays fall on weekends stipulated by the work schedule. Art. 112 of the Labor Code of the Russian Federation allows the transfer of the latter to the first working days after the fun, and this happens automatically; no additional orders are issued. If the holidays are long and two days off coincide with New Year and Christmas, the Government has the right to assign any days for them in the next calendar year.

It is important to know! If a transfer is planned, then a month before it occurs, the Management issues and publishes the corresponding Act. The remaining planned non-working days remain as they are.

This procedure applies to all types of work schedules that do not involve working on holidays, regardless of whether they are accompanied by fixed or sliding rest periods.

Start of vacation on a weekend or holiday

Taking into account the order of vacations, the start date of the annual vacation of some employees may fall on a weekend or holiday. Of course, such a choice cannot be called rational, but it has its place. Therefore, it is necessary to consider possible situations and their consequences.

It started on a holiday. In the order, the manager indicates the actual date of the planned vacation. But in fact, it will actually begin on the first weekday (after the end of the holiday) day.

The start coincided with the weekend. The order indicates exactly this date, and accordingly, the person is considered relieved of his official duties. Since absolutely all non-working days of the calendar are subject to payment, the starting day will not be an exception. There is a practice when rest scheduled on days on the occasion of national holidays is transferred to the next working week if the day off coincides with an official holiday.

Working with a shift schedule

There are a number of nuances in the case of forming leave for persons who work on a shift schedule. As usual, the duration is calculated in days according to the calendar, and holidays increase the time allotted for rest. But management is obliged to take into account the work pattern and avoid the possible overlap of the work schedule with the date of going on vacation. In other words, the day you go on vacation should not be the beginning of your shift. If an employee works according to the A-B scheme, then he is entitled to be released from official duties on day B+1.

Other types of holidays

The procedure providing for the exclusion of holidays from the total number of vacation days is applied when the manager provides the rest due to everyone once a year. This provision does not apply to other periods during which the employee receives exemption from performing work duties. It is reasonable to wonder whether weekends are included in vacation in this case.

No content

Vacation without pay is a special type of vacation; it can be short-term or, conversely, long-term. A certain time is provided to all workers who have experienced joyful or sad events:

• birth of newborns;
• marriage procedure and wedding;
• the passing of a family member or close relative.

The period during which a person is absent from work is calculated in calendar days and does not exceed the periods specified in his application. Their increase due to weekends or holidays is not provided for by law.

Training

This type of leave is taken by the employee not for rest, but for study (in particular, for a scheduled exam). Therefore, it cannot be increased due to non-working holidays. But all calendar days provided to him, including those that fall on special dates (for example, May 1 and 9), must be paid taking into account average earnings. This is clearly stated in Art. 173 of the Labor Code of the Russian Federation and clause 14 of the Regulations, which was approved by special Resolution No. 922 of December 24, 2007.

Maternity leave

The same situation arises in the case of leave under the BiR. A woman is provided with rest provided for by the Labor Code of the Russian Federation, lasting 140 calendar days. It includes weekends and holidays and is paid according to the norm. In the presence of severe complications or the simultaneous birth of two, three or more children, it can be increased based on the provisions of the Labor Code of the Russian Federation and Federal legislation. But this does not apply to weekends and holidays.

Additional

The following categories of citizens are entitled to receive additional rest time, along with the main annual leave:

• pensioners who successfully work in their usual place;
• participants of the Great Patriotic War;
• persons employed in hazardous industries;
• citizens who have irregular working hours;
• disabled people;
• Chernobyl victims;
• relatives of military personnel;
• employees with professional disease.

Additional rest is taken into account as annual, therefore, the provisions of Art. 112 Labor Code of the Russian Federation. There is no need to ask whether days off are considered vacation, since they are calendar days and are paid accordingly. Holiday dates, on the contrary, are excluded from the formed vacation period, thereby contributing to an increase in the duration of the vacation.

Do weekends count as vacation?

Regular weekends are considered to be Saturday and Sunday. And the annual leave will definitely include a couple of these. Are they added to vacation? From the above law it is clear that no. They do not extend the total amount of holiday pay. The counting is carried out in the usual way, the number of days is calculated according to the calendar.

For example, an employee is entitled to 20 days. He chose a time starting from May 14, 2021. Then the last day of vacation will be on the 2nd of this month. That is, on June 3 you should begin your official duties, but this is Sunday, so you should begin your official duties on Monday the 4th. Moreover, this Sunday will not be paid according to the vacation scheme.

Examples of calculating vacation days with weekends and holidays

So, the leave granted annually in accordance with the official schedule includes paid days off. And holidays officially recognized by the state as non-working holidays are added to the main period of rest without pay.

To independently calculate the vacation period, you can use methods specially developed by the Ministry of Labor. However, you should know that each employee has the right to take annual leave for the first time only after working for six months from the date of employment. But there are certain categories of workers who constitute an exception to the general rule and have the right to go on vacation at any time:

• persons under eighteen years of age;
• women during pregnancy;
• employees who have a part-time job.

Advice! After a person has worked for 12 months, he can take leave at will at any time, in whole or in part. This period is called the working year, which is an individual indicator for each employee, since it is calculated from the starting date of work.

Features of vacation formation taking into account additional holiday weekends can be seen in the example described below.

The employee submitted a written request to be granted a vacation of 30 days, and indicated the beginning of his period on 01/04/2018. Taking into account the fact that the period from the fourth to the eighth of January inclusive is considered a holiday (and, therefore, non-working), the rest period is automatically increased by five days and amounted to 35 days. This means, according to the order, the employee will go to work on February 7, but he will receive vacation pay only for a month. Payment is calculated as follows. The unit of calculation is the average daily earnings, for example, 2500 rubles. This value should be multiplied by the number of vacation days, in this case 30. As a result, it turns out: 2,500 * 30 = 75,000 rubles.

A different situation arises if the employee indicated in the application the specific start and end dates of the vacation, and not the number of calendar days. For example, an employee asked to take a vacation from May 2 to May 14 with a subsequent release on the 15th. In total, the number of days should be thirteen, but taking into account the fact that May 9 is an official holiday, only twelve days are spent.

Can vacation start with a day off?

In large and medium-sized enterprises, so that employees do not get confused about dates, a vacation schedule for the next year is drawn up in December. The priority here is not the opinion of workers, but production tasks. And yes, the start of your vacation may fall on a weekend or holiday; this is not prohibited by law. In practice, most often the vacation schedule is discussed and agreed upon within the team. Therefore, workers have a choice.

In the case of a day off on the first day of vacation, we are talking about benefits and expediency. The downside is that you will have less rest, but the plus is that you will earn more. If you ask for leave on a certain date in advance, they will almost certainly meet you halfway, but, again, not necessarily.

It makes no sense to start your vacation on a holiday. For both the employee and the employer, this will only result in an extra hassle with the postponement of the day off. Therefore, in the vacation order, it is better to immediately indicate the date following the holiday. Although in fact the rest will begin earlier.