Author of the article: Yulia Kaisina Last modified: January 2021 140151
The Labor Code guarantees the right to annual paid leave, which is measured in calendar days. This means that it includes both working days and weekends (excluding non-working holidays). In practice, vacation usually begins on weekdays, but in some cases it becomes necessary to take vacation from the weekend. What should the employee, HR officer and accountant pay attention to, and is it possible to take vacation only on weekends?
General provisions
The standard vacation period according to labor legislation is 28 days. For some categories of employees it increases. The right to registration arises after 6 months of continuous work.
Additional features include:
- rest for hired workers is provided in strict accordance with the developed and approved schedule. By prior agreement with the employer, changes can be made to it;
- When exactly it is necessary to rest, each employee is notified with a personal signature;
- If you wish, you can break paid rest days into parts - for example, 14 days in the fall and the same number at other times of the year. In theory, you can even take 1 day of rest, but in practice this is not advisable;
- It is prohibited to receive compensation in exchange for paid days not taken off. The only exception is dismissal;
- vacation cannot be transferred to the next reporting calendar year.
The moment of going on paid leave is pre-agreed with the employer and direct supervisor. In practice, the best option is the first working day after the weekend.
Law
The right to annual paid leave is confirmed by the Labor Code of the Russian Federation (Articles 106 and 107). The standard duration of rest is 28 days.
Some categories of employees have the right to increased vacation. You can go on vacation after half a year of working at the enterprise .
Usually a specific vacation schedule is drawn up taking into account the wishes of employees and production conditions. If there is a need to change the dates of rest, the employee must agree with his management and obtain consent.
After agreeing on the vacation schedule, a document is drawn up in which each employee signs for being familiar with this schedule. The Labor Code of the Russian Federation determines that you can immediately take back your 28 days, you can divide your vacation into parts, but one of them must be no less than two weeks.
All issues are resolved with management; it is important that the employee’s wishes do not interfere with the normal labor process at the enterprise.
Is it possible not to go on vacation and only receive compensation for it? Sometimes citizens want to stay at work during a scheduled vacation and receive an additional salary in addition to their monthly vacation pay. This is a violation of labor laws.
ATTENTION! Replacing vacation with compensation is not permitted by law.
You can receive compensation for unused vacation only if you are about to be fired from your job.
Most often, the employee can choose the date for going on vacation; management can only recommend certain months and periods. After all , it is important that an enterprise or company does not stop its activities during vacations; employees alternate with their vacations . The start of vacation can be any day of the week, including weekends, if this suits the employee.
This year, no changes are expected regarding the issue of holiday leave. If you need advice or advice, you should contact a good lawyer experienced in labor law matters.
If you apply on the weekend
If there is a five-day work schedule, vacation begins on Saturday or Sunday. Often specialists ignore this opportunity due to lack of expediency - this is already a weekend that can be used at will. However, many people want to go away for a long weekend these days.
This may be due to the following reasons:
- vacation pay was transferred ahead of schedule. The law requires that they be issued to the vacationer no later than 3 days before leaving for vacation. For example, if the actual withdrawal falls on Monday, then the money must be issued on Thursday. If you indicate the first day of vacation on Saturday in your application, the funds will be transferred on Tuesday. Sometimes this plays a key role when organizing a trip to resorts;
- The organization practices calling employees to work on weekends. Despite the fact that the law states that employees have the right to go on weekends, and not an obligation, this is voluntarily compulsory, and refusal can lead to unpleasant consequences. It is for this reason that many people start their vacation on the weekend;
- the remaining number of non-vacation days does not exceed 2. Many employees prefer to take that many days off over the weekend in order to continue working. There are often situations when there is no replacement, which is why employers ask specialists to give him time off in this way.
In each specific situation, other reasons may arise. For example, sometimes you need to go to work by a specific date, which entails the need to select the start of a long weekend.
Employers do not have the right to force employees to write an application for leave from a day off. This is only a workers' right, not an obligation.
Vacation at your own expense, additional and study leave on holidays
If a holiday falls on an employee’s regular annual leave, then, as already mentioned, such a day should be deducted from the duration of the employee’s vacation. But what if the holiday fell on some other type of vacation?
As follows from the Labor Code of the Russian Federation, employees whose working conditions differ in some way from the standard (for example, involve a special nature of work or are associated with factors that negatively affect the health of a specialist), in addition to annual leave, are entitled to additional leave (Articles 116–119 of the Labor Code RF). Their purpose is to compensate the employee for damage caused by specific working conditions. But at its core, this is the same paid leave that must be provided by the company every year.
Important! With regard to additional vacations, the rule is similar to the case with simple annual vacation: holidays are deducted from them, but weekends (including postponed ones) are not (Article 120 of the Labor Code of the Russian Federation).
If an employee goes on unpaid leave at his own expense, then this rule does not apply to him. Vacation at your own expense is provided for the number of days that the employee requires; the company does not pay vacation pay for it, and therefore there is no point in extending it for holidays that fall out.
But, for example, educational leave for employees who decide to get a higher education must be paid by the employer (Article 173 of the Labor Code of the Russian Federation). Does this mean that holidays falling on such a vacation should not be taken into account in its duration?
Based on labor legislation, it can be argued that this rule does not apply to study leave. Clause 14 of the Decree of the Government of the Russian Federation “On the calculation of the average salary” dated December 24, 2007 No. 922 directly states that in the case of educational leaves, the company must pay for all days specified in the certificate of call from the educational institution, including holidays falling on vacation. This means that all holidays that fall on study leave are also considered days off.
ConsultantPlus experts explained in detail how to pay for holidays that fall during study leave. If you don't have access, get a free trial online.
When do you take leave from a public holiday?
In addition to calendar days of rest, the law provides for holidays. The main difference is that there is no payment for them, but the opportunity to extend the vacation for their number.
If a worker works on a staggered schedule and cannot rest on holidays, they are not taken into account during the next vacation. It is for this reason that it is not advisable to draw up an application on a holiday, since in fact it will be excluded from the calculation of vacation payments.
Despite this, in theory this is not prohibited by the legislation of the Russian Federation, for example, the accrual of funds ahead of schedule. In addition, taking a break from the holiday may seem like a sensible decision if a person is scheduled to go to work.
What an employer needs to know
- If the first day of vacation falls on a weekend or holiday at the request of the employee, the employer does not have the right to prohibit him from planning his vacation in this way.
- Also, the manager cannot force his employee to go on vacation on a weekend or holiday.
- The boss also does not have the right to prohibit an employee from dividing his vacation into several parts, but one of them must be at least two weeks.
Paid days only on weekends
Often, unscrupulous employers deny their staff or individual specialists the right to vacation. Often the reason can be a simple lack of qualified personnel, and going on vacation can negatively affect the future work process.
Many employers ask you to write a corresponding vacation application exclusively on weekends:
- according to the approved schedule;
- or on Saturday and Sunday.
For these days, workers receive the required accruals, but the norms of labor legislation in the field of recreation are violated. According to the legislation of the Russian Federation, vacation and continuous rest (weekly) are types of rest, and combining them on a regular basis entails an increase in working hours throughout the reporting calendar year, which is why there is no opportunity to fully relax and gain strength.
This contradiction is explained in detail by the Letter from the Ministry of Labor, which states that there are no prohibitions on providing paid days of rest if they fall on weekends or holidays. At the same time, providing paid days only on weekends violates Russian legislation.
Letters from the Ministry of Labor do not relate to legislative norms, however, it is strongly recommended to adhere to the existing instructions in order to eliminate the possibility of administrative liability.
Responsibility for vacation on weekends only
Without exception, all employers who violate the requirements of labor legislation and force their subordinates to take vacation only on weekends are subject to administrative liability.
It is expressed in the form of a fine of the established amount:
- in relation to authorized responsible persons for providing vacations to hired staff - up to 5 thousand rubles;
- for individual entrepreneurs – up to 5 thousand rubles;
- for legal entities (companies as a whole) – up to 50 thousand rubles.
In the event of a repeated violation of labor legislation, the following is provided:
- increased amount of penalties;
- disqualification for up to 3 years.
Increased fines are as follows:
- in relation to authorized responsible persons for providing vacations to hired staff - up to 20 thousand rubles;
- for individual entrepreneurs – up to 20 thousand rubles;
- for legal entities (companies as a whole) – up to 70 thousand rubles.
It is for this reason that it is advisable to comply with federal legislation in order to avoid unpleasant consequences.
How does a vacation begin with a holiday?
It’s not surprising if an employee’s vacation begins with a holiday. In accordance with current legislation, this is fully permitted to the employer. After all, a day off is paid based on the employee’s average earnings. One of two situations can happen:
- To avoid confusion, the employer can provide leave, the first day of which falls on a holiday, by following the production calendar. In fact, the vacation will begin the next day after the holiday.
- The vacation started on a day off. According to the Labor Code of the Russian Federation, vacation pay is indicated in an order issued by the management of the organization. Vacation pay must correspond to the established schedule. The day off date is present when calculating the duration of the rest period.
Some consider this state of affairs unfair. It seems as if holiday dates are being lost. But in reality this is not the case at all. The accountant must calculate how much this time costs; weekend leave is paid.
Vacation registration procedure
Regardless of which day the vacation begins, its registration is carried out according to the standard algorithm, and there are no special features.
An officially employed employee must compile a properly appropriate application and indicate in it:
- full initials;
- position held;
- date of departure for annual paid leave;
- the established duration of vacation in strict accordance with the established vacation schedule within the company;
- date of compilation and personal signature.
From the point of view of Russian legislation, the actual day of retirement is determined in a standard way - by the total number of days. The exception is those that fall on holidays. If there is room for them, they are automatically extended, usually by 1 day.
According to the completed application, the employer issues an Order, which becomes the basis for issuing vacation pay. Additionally, information is entered into the employee’s personal card.
In case of ignoring the established rules for registering leave, a fine in the prescribed amount will be imposed on the employer and officials.
Design rules
Registration of such a vacation is no different from registration of any other. The employee draws up a statement indicating the start and duration of the rest.
In order to correctly determine the date of return to work after a vacation, you need to take into account the duration of the vacation. Usually it is 28 days, with the exception of some professions and places of work. If a holiday (or several such days) falls during the rest period, the rest is extended.
The manager signs the application and issues an order, on the basis of which the accounting department calculates vacation pay. Employees of the enterprise must also sign a paper with a vacation schedule; with their signature, they confirm that they agree with the start and end dates of the vacation. Those days when the employee is on vacation are marked on the time sheet with a special note indicating vacation.
Last changes
In 2021, the standard procedure for documenting vacation and accruing vacation pay continues to apply. There are no plans for any changes in the near future.
Documenting your vacation is a key step. If violations are detected on the part of employers, the authorized state supervisory body has the right to bring the responsible persons to administrative liability. To avoid fines, it is enough to adhere to the established norms of Russian legislation.
Features of calculating the duration of the next vacation
To correctly count the days of your next vacation, you should pay attention to a number of nuances :
Did you know
If you are just recently employed, the first vacation, according to the law, is due after 6 months of work. Read more in this article
- A holiday approved by the legislation of the Russian Federation that falls during the regular vacation period is not included in the number of paid days, but the vacation is extended.
- Regional holidays, which are considered days off in the constituent entities of the Russian Federation, are also not included in the number of vacation days; accordingly, the vacation is extended.
- Weekends are taken into account when calculating the duration of rest, since vacation is granted in calendar days.
