Labor Code New Year's holidays. Work on weekends and holidays labor code

Non-working holidays in Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary ( official salary), for non-working holidays on which they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local normative act adopted taking into account the opinion of the elected body of the primary trade union organization, employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for a reduction wages employees receiving a salary (official salary).

In order to rational use For employees on weekends and non-working holidays, days off may be transferred to other days federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorial dates, no work is performed on non-working holidays.

2. Attracting employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and manner determined by this article, and only in exceptional cases (see commentary to Article 113 of the Labor Code of the Russian Federation).

3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Second commentary to Article 112 of the Labor Code

1. Except for parts 1 and 2 of Art. 112 has been radically changed. Its new edition provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, and the procedure for transferring days off if they coincide with non-working holidays.

2. The coincidence of a non-working holiday with a day off entails the transfer of the day off to the next working day after the holiday. Resolutions of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing holidays.

Article 112 provides that the transfer of days off to other days due to the coincidence of non-working holidays is carried out for the purpose of rational use of these days by employees.

The commented article now provides that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulations on the transfer of days off to other days during the calendar year is not excluded. It is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. This rule will allow employees, members of their families and other citizens to plan and organize the use of free time on such days in advance.

3. The above rule for transferring days off is applied in organizations where work is not carried out on these days.

If the work and rest regime in an organization provides for work on holidays (in continuously operating industries, in organizations associated with daily services to the population, etc.), then weekends are not transferred (see Explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 3).

4. In continuously operating organizations, as well as in the case of cumulative accounting of working hours, work on holidays is included in monthly norm working hours (see paragraph 1 of the Explanation of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of August 8, 1966 N 13/P-21 // Bulletin of the State Committee for Labor of the USSR. 1966. N 10) (in accordance with Part 1 of Article 423 of the Labor Code of the Russian Federation legal acts USSR are applied insofar as they do not contradict the Labor Code).

5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is, as a rule, prohibited. Exceptions to this rule are contained in the same article.

Due to the need to serve the population, they establish, for example, store opening hours on holidays.

6. In Russia, where the population adheres to different religions, the establishment Orthodox holiday- The Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess, individually or together with others, any religion. The legislation does not and cannot have any obstacles to the exercise of this right: corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with holidays characteristic of other religions.

At the same time, it seems that the issue of non-working holidays introduced for religious reasons should be resolved at the level of federal law.

7. In addition to holidays, non-working days, Russia also has holidays that are not associated with the mandatory release of workers from work. These are, first of all, numerous professional holidays. The list of holidays, professional holidays and memorable days celebrated in the Russian Federation in 2004 was published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 52; 2005. N 7. Art. 560).

Procedure for consideration of proposals federal bodies executive power on the establishment of professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals to establish professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (Part 4 of Article 3 of the said Resolution).

Exemption from work on such days is often provided for in industry agreements and collective agreements.

8. Part 3 of Art. 112 for the first time provides for payment for non-working holidays not only for employees receiving wages on the basis of a fixed salary (official salary), the amount of which non-working days falling within the paid period did not and do not affect, but also for those whose wages are based on the actual output, labor costs. The inability to work on statutory non-working holidays (and work on these days is usually prohibited - see Article 113) reduces their wages. Which is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in a calendar month is not grounds for a reduction in wages (see Part 4 of Article 112).

New edition of Part 3 of Art. 112 provides that employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for its payment are determined by the collective agreement or agreement. These issues can be resolved by a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization (see Article 372). These issues can also be resolved in the employment contract. Apparently, with the help of an employment contract (i.e., individually), these issues can be resolved in the absence of corresponding norms in a collective agreement, agreement, or local regulatory act.

1. Part 1 of Article 112 of the Labor Code of the Russian Federation establishes a list of holidays and non-working days on the territory of the Russian Federation.

In order to ensure that each employee has the opportunity to annually use 12 non-working holidays in addition to weekends, Part 2 of the commented article provides for a rule on transferring a day off that coincides with a holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal rules labor regulations, coincides with a non-working holiday. In case of such a coincidence, the employee’s day off will be the next working day after the holiday.

The transfer of days off that coincide with non-working holidays should also be carried out in organizations that apply different work and rest regimes, in which work is not carried out on holidays. This applies equally to work modes with both permanent days off and “sliding” days off.

According to established practice, in cases where the work and rest regime provides for work on non-working holidays (in continuously operating organizations or those associated with daily services to the population, round-the-clock duty, etc.), the rule on the transfer of days off does not apply (clarification of the Ministry of Labor of Russia dated 29 December 1992 N 65 “On some issues arising in connection with the transfer of days off that coincide with holidays” // BNA RF. 1993. N 3).

2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), of additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. At the same time, it is specifically stated that the amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.

3. An additional guarantee is provided for employees receiving a salary (official salary). In accordance with Part 4 of Article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in a calendar month is not grounds for reducing their wages. In other words, for employees receiving a salary (official salary), their wages in a calendar month are retained in full, regardless of the number of non-working holidays in that month.

4. Part 5 of Article 112 of the Labor Code of the Russian Federation gives the right to the Government of the Russian Federation to postpone weekends to other days, joining them to the nearest ones non-working days, for the purpose of rational use by employees of weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of weekends to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than 2 months before the calendar date of the established day off. This clarification allows both employees and employers to plan in advance appropriate activities related to the organization of work and rest.

In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 , approved by Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 // BNA RF. 1994. N 5).

Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);

(Part one as amended by Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off coinciding with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article (as amended by the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Article 2127).

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full (the new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27 ; as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878).

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by the Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 2878).

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off (as amended by Federal Law of June 30, 2006 No. 90-FZ - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Article 2127).

(Parts three and four are considered parts four and five, respectively, on the basis of Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

Most workers are aware that there are days on the calendar that extend the period of temporary retirement. A holiday during a vacation is an opportunity to walk longer. Therefore, workers strive to choose a time for rest that falls on the official red date. However, not everyone knows how periods are taken into account when calculating vacation pay.

Let's look at how if a vacation falls on a holiday, how this affects payment. Is it profitable to “extend” the holidays due to red dates? How are these magical days determined that give you the right to walk longer?

Rules for granting annual leave

The list of holidays is defined in Art. Article 112 of the Labor Code (LC) of the Russian Federation. They never change. However, the Government of the country may postpone weekends to another time. This fact is also taken into account when calculating vacation.

In Art. 114 of the Labor Code sets out the rule according to which the employer is obliged to release the worker from service to recuperate and rest. According to the law, for this period the employee retains:

average earnings (vacation pay);
work place.

This privilege is mandatory for all employees, regardless of the form of employment:

permanent;
temporary;
piece workers;
seasonal and others.

Attention: minimal vacation period is prescribed in Art. 115 TK (28 days).

In addition, according to the law the employer is required to approve the vacation schedule no later than 14 days before the end of the reporting year. That is, periods of retirement are planned in advance. The document is drawn up by the HR department. As a rule, an experienced specialist takes into account all the nuances of the coming year (presence of holidays and weekends).

The schedule is allowed to be drawn up in different options. There are two forms that have taken root in practice:

with the start dates of the vacation period;
with only the employee’s month of rest included in the calendar.

Hint: the second option makes it possible to calculate the due days later, just before the worker leaves for vacation.

Holidays

Special dates that affect the length of vacation time are listed in Art. 112 TK. They are:

Non-working holidays in the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
January 7 - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Russia Day;
November 4 is National Unity Day.

The rule for taking them into account when calculating the period of retirement is simple - they are skipped. For example, if a worker decides to take annual basic leave (EBV) from 12/31/17 for 14 days, then the days from January 1 to January 8 are simply skipped. Counting continues from 01/09/18:

12/31/17 - first day;
01/09/18 - the second and so on.

This paragraph contains another important norm for vacationers. She talks about moving a holiday that falls on a weekend to the next day. This rule does not apply to the New Year and Christmas holidays.

Hint: A day off is a day for rest, just like EOO time. Therefore, no extension will be made. Holidays are excluded from calculations.

Important subtlety of counting

Despite the fairly precise wording of the legislation, there is a lot of confusion regarding holidays. It's all about the correctness of the application for the EOO. In the Russian Federation, it is customary to indicate in the document the start and end dates of the vacation period. This is the way:

exempts the employer from postponing holidays to the next day;
does not give the worker the right to take a longer walk.

For example, if the application contains a request to provide the Unified Employment Organization from 12/31/17 to 01/14/18, then the date of entry into service is 01/15/18. The same application can be made differently. That is, ask to be released from work from 12/31/17 for 15 days. Then, according to the law, the employer is obliged to:

exclude New Year holidays and Christmas from the entire period;
extend the period of temporary retirement;
You will need to leave for work on 01/23/18.

Hint: the calculation is made using the following method:

official holidays are excluded;
Weekends are taken into account.

Do you need information on this issue? and our lawyers will contact you shortly.

Is it possible to start a vacation on the red day of the calendar?

There are no prohibitions in the Labor Code on this matter. A person has the right to start rest on any day at his own discretion. In this case, it is up to the accountant and personnel officer to carry out the correct calculation of the period and vacation pay.

Concept of production calendar

Specialists involved in maintaining personnel records management and accounting, they came up with an auxiliary tool - a production calendar. This informal document is prepared at the beginning of the calendar year. It indicates the days:

workers;
weekends, including postponed ones;
festive.

The form of the directory is chosen independently, taking into account the specifics of production. The data in it is indicated in days and hours. The tool helps to take into account all the nuances of the current calendar when making calculations.

Calculation of vacation pay

The rules for determining the amount of payment are given in Art. 139 of the Labor Code, and also interpreted in the Regulations approved by Decree of the Government of the Russian Federation No. 922 of December 24, 2007. The amount is determined based on the average daily earnings calculated for the previous year of work.

Download for viewing and printing:

When making calculations, the question arises about including red days in the period. The confusion here is caused by subparagraph “a” of the fifth paragraph of the Regulations. According to its text, the time of the previous SOO (and funds for it) is excluded from the period for calculating cash benefits.

The Ministry of Labor of the Russian Federation examined this complex topic. In letter dated December 15, 2016 No. 14-1/B-351, the department explained the following to employers:

holidays are not excluded when determining the average daily salary;
they should be taken into account in a general manner.

Attention: if piece workers are paid additional remuneration for holidays, then it is also included in the amount when determining the average daily earnings.

Additional leave

Calculation of periods and payment of additional leave is carried out according to the same rules as the Unified Society. The days specified in Art. 112 Labor Code are excluded, and other days off are taken into account. Payment is made based on the average daily wage of a worker for the previous year.

At your own expense

Another requirement for providing a period of retirement to resolve personal problems. Such “downtime” is not paid. Its definition is given in Art. 128 TK. In particular, the text states that the purpose of such non-participation in labor activity is not a vacation. Based on the logic of the legislator, holidays are not excluded from the period of leave without pay.

Download for viewing and printing: Hint for workers: it is not profitable to write an application at your own expense before the red days of the calendar. Must be specified exact dates departure and return to service that do not coincide with those specified in Art. 112.

Educational and maternity leave

The specified types of official absence from the workplace are associated with the performance of certain duties:

training;
taking care of the baby.

Due to the fact that both periods are not related to rest, holidays are not taken into account when calculating them. That is, the specified types of leave are provided for the period specified in the application.

Sick leave

In Art. 183 of the Labor Code contains a provision for maintaining support for sick employees. The rules for calculating this are given in Art. 7 of Law No. 255-FZ. In this case, the period of rest is increased by the number of days of sick leave. In addition, if a holiday falls at the same time, it will be transferred. That is, in general, the period of absence of a person from service increases by the number of such days:

temporary disability;
official holidays listed in Art. 112.

For example, Ivanova S. took the LOO from 06/11/18 for 14 days. On the same date, she fell ill and issued a certificate of incapacity for work for 4 days. According to the order, Ivanova S. was supposed to go to work on June 26, 2018. (6/12/18 skipped). She provided the administration with a certificate of incapacity for work. The employee's period was recalculated. Ivanova S. began performing her official duties on 07/02/18 (since 06/30/18 is a Saturday, and 07/01/18 is a Sunday).

Hint: the time sheet must realistically reflect the reason for the worker’s absence from production. For example, days of absence at one’s own expense are marked with the symbol “НВ” or the code “28”. Download for viewing and printing:

Example of vacation pay calculation

Prokofiev V. decided to rest at the beginning of the year. He turned to the personnel officer with a request to explain how best to draw up an application and not make a mistake. The specialist compiled an approximate calculation of the entitlement to vacation pay. Starting conditions:

start of rest from 01/01/18;
period - 14 days;
average daily earnings - 1,800.0 rubles.

If V. Prokofiev sets the end date of his vacation as 01/14/18, then he will return to work on 01/15/18. You will receive:

6 d. (from 1 to 8 are excluded) x 1,800.0 rub. = 10,800.0 rub.

If he indicates in the application that he wishes to receive an EEO for 14 days, he will return to service on 01/23/18. You will receive benefits in the amount of:

14 d. x 1,800.0 rub. = 25,200.0 rub.

Conclusion: workers need to know all the intricacies of calculating periods of unified liability and vacation pay. This information will help you choose right time retirement

Rules for replacing EOO with money

The norms of the Labor Code are based on the text of the Constitution of the Russian Federation. The Basic Law guarantees people the right to rest. Therefore, employers are prohibited from replacing the established minimum EOO in cash. Besides, Every year the employee must take at least 14 days off in a row. The balance can be transferred to another time.

Pieces of the main and additional holidays, as a rule, accumulate. Employees are asking to be compensated with money. This operation should be performed extremely carefully. It should be kept in mind that Every year the employee actually has to recuperate for 28 days. Replace given time cash is strictly prohibited. For violating this norm, the manager faces a fine.

If a person has the right to any type of paid additional leave, then it is allowed to be compensated. The exceptions are additional days provided for work in harmful and dangerous conditions.