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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
- Vacation coincides with weekly public holidays Example 1
- Example 1
- Example 1
Non-working days according to the Labor Code
The Labor Code is based on the constitutional rights of citizens of the Russian Federation. And the constitution clearly states that every person has the right to work and rest. The concept of the relationship between work and rest from it is more clearly stated in the Labor Code. Thus, in Russia a 40-hour work week has been adopted; of course, this norm does not prohibit working more, but this is the amount of work that can not harm the human body and allows you to maintain a healthy balance.
Rest for working persons is divided into short-term and longer. The shortest rest period is considered to be breaks intended for meals and to relieve the employee from the technical load. Long recovery times are considered:
- breaks between shifts;
- weekend;
- vacation period.
Weekends in the Russian Federation are traditionally Saturday and Sunday, but not all working people can rest at this time. Many professions require a flexible work schedule or shift work when weekends fall on other days of the week. Regardless of when a person will rest, the main thing is to maintain a balance between work and rest time.
In addition to mandatory days off, there are also holidays when working people can also be released from work or receive increased pay for work.
Are weekends included in vacation?
Vacation periods are planned in advance for the next year. The Labor Code of the Russian Federation establishes a rule according to which every year all organizations must develop schedules for the priority of all employees going on vacation. They indicate from what date and for how many days this or that employee goes on vacation. At this stage, it is extremely important to decide how to calculate the vacation period.
Article 115 of the Labor Code of the Russian Federation provides clear instructions on the duration of the minimum vacation and the procedure for calculating it. So, the annual rest period should be 28 calendar days. The wording “calendar days” makes it clear that the calculation is carried out strictly according to calendar calculations and Saturdays and Sundays are not excluded, otherwise we would be talking about working days. Therefore, vacation days on weekends are also counted towards the total duration.
When calculating the duration, employers rely on the start date of the vacation and add to it the number of days taken by workers for the vacation period. Each person has the right to determine for himself whether he will take the entire segment due to him at once or divide it into several component parts.
The legislative framework
Everything related to the relationship between the administration and the employee is described in the Labor Code. And you should start figuring out whether a holiday includes a holiday with this document. We will need two articles: 120 and 112.
The first describes the procedure for calculating vacation days. Paragraph 1 of this article clearly indicates the inadmissibility of including days recognized as holidays in the general rest period. The second of these points of legislation gives us an explanation of what dates we are talking about.
However, the legislative framework does not end there. Other holidays may be established in the constituent entities of the Russian Federation. To understand how to deal 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 enterprise staff, in agreement with the administration, supplements this list. This fact must be reflected in the contract. That is, you should also look at local documents. By the way, the employee needs information about whether a holiday is included in the vacation period only for reference. But more on that later.
Holidays when calculating average earnings
A different approach is used when accounting for holidays that fall during the vacation period.
Article 112 of the Labor Code establishes the following public holidays adopted on the territory of the Russian Federation:
- From January 1 to January 8 inclusive, New Year and Christmas holidays are celebrated.
- February 23 is the Day of Defenders of the Fatherland.
- March 8 is traditionally celebrated as Women's Day.
- May 1 is Labor and Spring Day.
- May 9 – Victory Day.
- Russia Day is celebrated on June 12.
- November 4 is National Unity Day.
Every year, the exact number of holidays is specified separately and others may be added to the above, but those established by the Labor Code are unshakable and are celebrated in any case.
If one or more holidays fall during a vacation, then the period itself increases proportionally by the number of red days. But such days will not be paid according to the average. Only total calendar days of vacation will be taken into account when paying. Maintenance for holidays in the form of the employee’s average daily salary is not accrued, because red dates are not included in the vacation period.
Time for a well-deserved rest
If a person has just recently come to work in an organization, then only after six months of carrying out official activities will he have the right to paid leave. As already described earlier, in labor legislation such a rest period is calculated only in calendar days. But what will be its duration in this case? It turns out that the new employee is entitled to vacation for 14 calendar days. After all, the working period has not been fully worked out. This means that the manager will not provide such an employee with 28 calendar days of vacation. Otherwise he will break the law.
Calculation of the number of vacation days
To calculate the number of vacation days, you can resort to methods developed by the Ministry of Labor. The calculation can be actual or advance.
Each employee, upon starting a job, receives the right to annual rest. In the first year of work, it can be realized no earlier than six months have been worked. The exceptions are:
- minors;
- pregnant women;
- part-timers.
These categories can take leave at any time they wish.
Starting from the second year, the right to rest is no longer standardized according to calendar time. As soon as the new working year has begun, the employee can take at least part or all of the vacation period.
The working year is an individual indicator that is calculated from the start date of work.
Most employees choose vacation as if in advance, that is, before they have worked for 12 months, they already take all the vacation they are entitled to a day in advance - in advance.
But upon dismissal, the vacation period is actually calculated. To do this, calculate how many months were worked in this working year. A full month is considered to be one in which more than half has been worked. If an employee quits before the 15th, then that month is not taken into account. For each month, 2.33 days of rest are required, if we are talking about a minimum period of 28 days. If the segment is larger, for example, it includes additional periods, then the due amount is divided by 12 months and multiplied by the actual amount worked.
About payment and settlements
Are they paid?
With the accrual of vacation benefits, things are a little different. The point is that if holidays fall into the vacation period, no payments are made . That is, the vacation will be extended, but will not be paid.
Only those days that the worker is entitled to by law will be paid. Consequently, the payment of average earnings will be accrued only for this period in a lump sum, no later than three days before the start of the vacation.
Computations
How is the vacation period calculated taking into account holidays, are they added? All necessary calculations will be performed by authorized persons in the accounting department. Therefore, workers should not worry too much about this. The main thing is not to forget that any day related to an official holiday and included in vacation is not subject to payment. For this reason, from a financial point of view, such a moment is not very profitable for the worker. However, there is still some benefit - additional days of rest are added.
When calculating, a standard scheme is used, in which it is necessary to take into account:
- Duration of rest.
- Average total income.
- Billing period.
How to calculate vacation time if it falls on these dates?
Example:
The manager of Mikronomika LLC, A. A. Arbuzova, has a salary of 45,000 rubles. Bonuses are not provided for in the employment contract. Accordingly, Arbuzova’s monthly income is 45,000 rubles. Worked by Arbuzova A.A. 11 months and decided to go on vacation. The calculation will be as follows:
45 000/29,4
29.4 is the general coefficient that is established by the state, and it means the average number of days.
As a result of the calculations, the amount was 1530.6. Each day of rest for a manager costs 1,530 rubles 60 kopecks. Now we multiply this amount by 28 and get the amount of vacation pay:
1530.6*28=42856.8 rubles.
This is exactly the amount Arbuzova A.A. will receive. three days before going on vacation.
If these 28 days, according to the calendar, include holidays, then the amount of vacation pay remains unchanged.
Below is an informative video with a clear example of calculating vacation pay that coincided with holidays:
Non-working days during unpaid leave
Vacation without pay is a slightly different amount of vacation; different calculation methods apply to it. The most important thing is that days taken without pay are not paid, although their issuance may be regulated by labor legislation.
Rest without pay can be short-term, taking place for one or several days, or it can be long-term. There are special categories of workers who are entitled to additional rest time annually, which will be issued only at the request of the person himself, but will not be paid.
These categories include:
- Working pensioners.
- Participants of the Second World War.
- Relatives of military personnel.
- For disabled people.
Also, periods at their own expense are given to employees in connection with:
- The birth of children.
- Wedding.
- Death of a close relative.
All of these periods have restrictions on the maximum duration, but workers can take shorter periods than required. In this case, all calendar days will also be counted without extension of periods for weekends and holidays. The segments will include strictly the number of days that was specified in the application and no more.
Holidays only on weekends
We figured out whether days off during vacation are paid, and found out that all calendar days of the vacation period are paid according to the average. However, sometimes situations arise when part of the non-vacation period falls exclusively on weekends.
You can book a vacation at any time, no matter what dates it falls on or what days of the week it falls on. It all depends on the agreement between the employer and employee. If the employee himself is interested in taking the time due to him on Saturday and Sunday, then he has the right to do so. And of course, the employer is obliged to pay for these periods if they are taken as part of paid leave. Here the question will only be to timely notify management of your desire to formalize this segment. The manager issues an order to grant vacation on weekends, and the accounting department must have time to calculate vacation compensation and pay it before the start of the vacation.
General
Each week, month and year consists of a certain number of calendar days. This number includes public holidays and weekends. As a general rule, many organizations operate from Monday to Friday. Weekends are considered Saturday and Sunday. Therefore, if a person is asked to work outside of working hours, he must be compensated double or given an additional day off. But why are such concepts as calendar month, week, year needed in legislation? The answer here is very simple. In order to correctly calculate the deadlines for completing official documentation. For example, if a document says that it can be appealed to a higher authority within several calendar days, then this means that even weekends are included here. You definitely need to know about this.
