Is it possible to take two holidays from Monday to Friday

Good afternoon Please tell me, is it possible, after taking 15 days off in a row, to take the rest divided by working weeks, i.e. Monday to Friday vacation, Sat and Sun days off, then again Mon-Fri vacation, Sat-Sun days off and so on for 3 weeks? And you can also provide arguments with comments to Article 125 to prove it to the employer.

The question relates to the city of Vladivostok

Answers:

Hello. By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Part of the vacation can be used for at least one, at least two days. The Labor Code does not discuss exactly what parts the vacation can be divided into, except for 14 days. However, such a division is possible only with the consent of both the employee and the employer.

It is possible, but according to Article 123 of the Labor Code, vacations are provided in accordance with the vacation schedule and, accordingly, if according to your vacation schedule it is divided in this way, then the employer does not have the right to refuse. And outside the schedule, only by agreement with the employer.

Articles on the topic (click to view)

Fine for late payment of vacation pay
What to do with unused vacation
What to do if your employer does not pay vacation pay
How long after employment is vacation allowed?
Is maternity leave taken into account when calculating pensions?
Accounting for compensation for unused vacation
Dismissal while on maternity leave

Expert recommendation Commentary on Article 125

§ 1. Article 8 of ILO Convention No. 132 (revised 1970) provides that the division of annual leave with pay into parts may be authorized by the competent authority or other appropriate authority in each country.

One of these parts of leave must consist of at least two continuous working weeks. Part 1 is formulated in full accordance with ILO Convention No. 132.

1 tbsp. 125 TK.

§ 2. In part 1 of Art. 125 provides for the possibility of dividing annual paid leave by agreement between the employee and the employer.

Essentially the same procedure is provided for the division of annual paid leave provided to prosecutors, investigators, scientific and teaching staff of the prosecutor's office of the Russian Federation. The division of leave into parts is carried out at the request of the named employees with the consent of the administration (see Federal Law “On the Prosecutor's Office of the Russian Federation” as amended on November 17, 1995, as amended and supplemented // SZ RF. 1995. N 47. Art. 4472; 1999. N 7. Art. 878).

In a slightly different order, at the request of workers in the coal, shale, mining industries and certain basic sectors of the national economy, it is possible to divide the annual paid leave granted to them into parts. Moreover, the duration of one of them should not be less than two weeks (see Decree of the Government of the Russian Federation of July 2, 1990 N 647 “On increasing the duration of vacations for workers in the coal, shale, mining industries and certain basic sectors of the national economy” // SZ RF. 1990 No. 16, Article 85).

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

§ 3. The Code does not determine the number of parts into which leave can be divided. It is important that one of them is at least 14 calendar days.

The Code does not resolve the issue of how to correlate the use of vacation in parts with the obligation to determine the time of granting vacations in an appropriate schedule. If you change the schedule each time to provide the possibility of using vacation in parts, then this local regulatory act ceases to determine the timing of the provision of vacations throughout the year.

In addition, changes to the schedule must be made in the same order in which it is approved, taking into account the opinion of the representative body of workers (see Part 1 of Article 123 of the Labor Code). Providing leave in parts on the basis of an individual agreement between the employee and the employer may negatively affect the vacation schedule and its legal force in relation to those employees who have expressed a desire, in agreement with the employer, to use leave in parts.

Practice solves this issue in different ways. In some organizations, in cases of dividing vacation into parts, changes are made to the vacation schedule, in others - not. Naturally, you should always keep strict records of vacation days granted and used by the employee. The way out of this difficult situation is to create a schedule for the main part of the vacation and an additional schedule for using vacation in parts, if this is known in advance.

§ 4. While protecting the employee’s right to long, uninterrupted rest, the Code (Part 2 of Article 125) allows for the possibility of recalling him from annual paid leave only with his consent. In this case, the employee does not lose the unused part of the vacation. It must be provided to the employee of his choice at a time convenient for him during the current working year or added to the vacation for the next working year.

§ 5. The recall of an employee from vacation is determined by a written order (instruction) of the employer, on which (or separately) the employee’s consent is expressed in writing. The same order (instruction), based on a written application from the employee, resolves the issue of the time for which the unused part of the vacation is transferred.

§ 6. An employee’s refusal to go to work in connection with his recall from vacation is not a violation of labor discipline and cannot lead to the application of disciplinary measures against him.

The Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” explained that since the law provides for the employer’s right to early recall an employee from leave to work only with his consent (Part 2 of Art. 125 of the Labor Code), an employee’s refusal (regardless of the reason) to comply with the employer’s order to go to work before the end of the vacation cannot be considered a violation of labor discipline (see paragraph 37).

§ 7. Recall from vacation entails recalculation of wages. Typically, wages for the period of unused vacation are counted against the wages that the employee must receive upon returning to work. When an employee receives an unused portion of vacation, payment for this period is calculated again.

§ 8. It should be noted that the Code (Part 3 of Article 125) does not allow the recall of a number of categories of employees from vacation.

advocatus54.ru

N 647 “On increasing the duration of vacations for employees of the coal, shale, mining industries and certain basic sectors of the national economy” // SZ RF. 1990. N 16. Art. 85). § 3. The Code does not determine the number of parts into which leave can be divided. It is important that one of them is at least 14 calendar days. The Code does not resolve the issue of how to correlate the use of vacation in parts with the obligation to determine the time of granting vacations in an appropriate schedule. If you change the schedule each time to provide the possibility of using vacation in parts, then this local regulatory act ceases to determine the timing of the provision of vacations throughout the year. In addition, changes to the schedule must be made in the same order in which it is approved, taking into account the opinion of the representative body of workers (see Part 1 of Article 123 of the Labor Code).

Is it possible to divide vacation, excluding Saturday and Sunday weekends?

The employee has the right to ask; the employer can refuse. But under no circumstances should it lead to conflict - I agree with you 1000%. This is a question for the gene. By the way, our gene always says: “Are we discussing according to the law or according to concepts?” Many agree “on principles” (this is almost the same thing as on conscience).

As a result, 14 days are as the employee wants (even in the summer, the gene considers this its problem), but the remaining 14 days are subject to unconditional agreement (sometimes strict) with the gene. Nobody argues... And the tails, of course, don’t accumulate.

Is it possible to take a vacation for 5 calendar days?

Pravoved.RU 520 lawyers are now on the site

For one year, 28 days leave is available for the position of electronics engineer of the 2nd category. They are obliged to divide the vacation into two times. 14 days are taken into account along with weekends - is this correct? Is it possible to write an application not for part of the vacation, say from the 1st to the 14th, but from the 1st to the 5th (6.7 days off), from the 8th to the 12th (13, 14 days off) and from the 15th to the 18th. That is, 14 days excluding weekends. Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

The employee wrote an application for leave without taking into account weekends, thereby extending its period, is it legal?
Vacation on your day off

Possibility to take vacation in parts without taking into account weekends

I knew one old man who took Fridays off all summer, and he had 3 days off. #2 IP/Host: 193.200.150. Re: Is it possible to take HOLIDAY without including weekends? Bukhov with their calculations - to the garden. +1 to Berezkin.

#3 IP/Host: 89.190.255. Registration date: 11/10/2008 Messages: 591 Re: is it possible to take VACATION not including weekends? You can first take 14 days off, and then take the rest for 5 days, so that each part always starts on Monday. in this case, you will not have duplicate weekends and vacation days. In this way, you can gain 4-8 additional days of paid vacation per year. #4 IP/Host: 92.36.23. Registration date: 06/06/2008 Messages: 7,520 Re: is it possible to take VACATION not including weekends? So what…

Vacation without days off

Also, in order to avoid conflict and controversial situations in this regard, the procedure for dividing vacations should be prescribed in a local act (for example, in the Regulations on Vacations), including providing for the procedure and possibility of dividing vacations (Article 8 of the Labor Code of the Russian Federation). Situation: Is it possible to provide an employee with weekend leave? By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days (Art.

125 Labor Code of the Russian Federation). Annual leave is provided in calendar days, not working days. Thus, formally, the Labor Code of the Russian Federation does not prohibit the provision of vacation days on weekends, for example on Saturday and Sunday, to an employee who works on a standard five-day working week.

Holidays from Monday to Friday

Hello, in this article we will try to answer the question “Vacation from Monday to Friday”. You can also consult with lawyers online for free directly on the website.

Article 106 of the Labor Code of the Russian Federation establishes that rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.

The most important thing on the topic: “Do weekends count as vacation, what to do if the vacation falls on a holiday” relevant in 2020 and 2020 in understandable language for non-professionals. The general minimum duration according to the Labor Code of the Russian Federation is 28 days. The question arises whether weekends are included in this period, is it possible to take a rest starting from a non-working day?

5 days holiday from Monday to Friday

Your employer is right to have doubts. In any case, leave will be provided in calendar days. At least, that’s how it will sound in the leave order. According to the proposed scheme, it will be only partially legal to provide leave in working days. Let's take a closer look.

Some children are forced to get up almost at 6 am in order to catch the bus, come here and walk around for 1.5 hours. Because we need to go get the rest. Others walk here for up to 5 hours.

In the Lgovsky district, more than 70 students from the Bolsheugonskaya secondary school cannot attend classes. Before the start of the school year, the bus driver quit. The district authorities have not yet been able to find a new one.

Thus, when calculating vacation pay for days provided, it is necessary to take into account weekends that fall within the rest period.

Providing leave in working days, taking into account legal requirements

You can use unified forms for registration, for example, an order in the T-6 form, a T-2 personal card, a T-60 calculation note, and a T-12 working time sheet. Each organization also has the right to develop its own document forms.

Vacation refers to an employee’s ability to take a break from performing his duties continuously for a certain period of time. This right applies to each specialist with the aim of restoring his ability to work with the obligatory preservation of his position and earnings.

There is some kind of dense explanation that says that the vacation is 28 cal. The days assume 20 working days and 8 that fall on weekends; in accordance with this document, vacation must be included and weekends cannot be taken only on working days (i.e.

As I understand it, we are talking about the fact that the start date of your vacation falls on the day when, according to your work schedule, you should rest?

How to fill out an employee’s personal card

Thus, you can use only working days for vacation purposes, but you must remember that you need to rest for 14 calendar days in a row.

Our vacations are provided in calendar days and vacations should not be tied to the 1st or 15th of the month, if you write that this is the second half, it means he has already taken 14 days off... Are there still 14 calendar days left? (I could be wrong) and the employee wants to take the remaining vacation days off as long as possible (take vacation on working days of the week). The question is, how is this employee’s vacation schedule drawn up for this year?

I want to draw the moderator’s attention to this message because: A notification is being sent... Calculation note for accrual of vacation pay (issued by the accounting department).4.

A computer (eng. computer - calculator) is a programmable electronic computing device for data processing, transmission and storage of information.

Let us add that the above also applies to the situation when an employee takes leave from a day off, from Saturday and Sunday. The legislation also does not contain a ban on such actions.

If there is a need to change the dates of rest, the employee must agree with his management and obtain consent.

On the contrary, I find myself in a situation, especially for mothers who have nowhere to take their children (for example) for spring break. I want to draw the moderator’s attention to this message because: A notification is being sent... I love this forum!!!

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.

Moreover, at least one part of this leave must be at least 14 calendar days. Based on this, if an employee takes vacation in parts and one of them is at least 14 calendar days, then the employee has the right to divide the remaining vacation days, including taking vacation days from Monday to Friday (5 days) by agreement with the employer.

Annual basic paid leave is provided to employees for a duration of 28 calendar days (part one of Article 115 of the Labor Code of the Russian Federation). According to part one of Art. 120 of the Labor Code of the Russian Federation, the duration of annual paid leave is calculated in calendar days. At the same time, the Labor Code of the Russian Federation does not stipulate how many calendar days of vacation should fall on weekends and how many on working days.

Start of vacation on a day off

If the employer agrees to include only working days in vacation, he will save on wages. At the same time, he will need to replace an employee who will be absent longer than usual.

Together we jumped on the train; When we sat down, I couldn’t catch my breath and tried not to look at Mary, who sat three chairs away from me.

I knew that I would soon run into him, but I was completely unprepared for the fact that Flora would want to get married in the winter. Not ready yet.

I couldn’t imagine how I could calmly look into her eyes and not feel guilty. Guy is right. I don't know how to lie.

Annual leave granted to an employee is calculated in calendar days, which include weekends and exclude non-working holidays (Article 120 of the Labor Code of the Russian Federation).

In accordance with this, the employer must determine the possibility of providing leave of such duration independently.

Rest starting on Saturday has the following advantages:

the amount of vacation payments will be greater due to days off;
the employee will be able to receive payments two days earlier, not on Thursday, but on Tuesday, and this can be a significant reason before going on vacation;
the duration of rest will increase by two days due to Saturday and Sunday;
vacation days are not accumulated and working days are not reduced, which is convenient for the employer;
the problem of unused vacations for previous years is being solved.

If the contract is fixed-term until the 27th, and the salary is paid according to Pvtr on the 25th, how to calculate the person? Regional budget?

The first living creature to be born in space was a baby quail that broke through its shell on March 22, 1990. A second and third appeared behind him. This happened on board the Mir station in the Incubator-2 installation.

Is it possible to take vacation from a day off?

She has already been dubbed the Blue (or Azure) Wooden Goat. Therefore, experts advise decorating the New Year's table in blue and green colors.

The employee was recalled from vacation and worked for a week (Monday to Friday). How many days should the vacation be extended: 5 or 7 days?

Article 115 of the Labor Code of the Russian Federation regulates the duration of an employee’s vacation, which cannot be granted for less than 28 calendar days; is this duration indicated with or without weekends?

The employer issues days off as vacation if the employee takes vacation and the last day of vacation ends on Friday (inclusive). Is it legal for an employer to add weekend days to vacation days during the week?u0006u0003 Answer:u0007 By virtue of Art.

Is it possible to take a vacation for 5 calendar days?

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 the enterprise or company does not stop its activities during the holidays; employees alternate their holidays.

Please note that the employee and employer must agree on both the fact of dividing the vacation and the duration of each part. Any party to the employment contract may take the initiative to divide the vacation into parts. However, neither the employer nor the employee can demand that the vacation be divided into parts according to their own option.

As for the phrase “when you work a five-day shift, vacation doesn’t start on Saturday.”

Here you are a little wrong, vacation can begin on a day off, labor legislation does not contain restrictions in this regard.

Providing an employee with vacation on working days bordering on weekends, without including the latter in the number of calendar days of vacation, has its positive and negative sides for each of the parties.

Therefore, when agreeing with an employee on recall from vacation, it is advisable to simultaneously obtain his consent to a voluntary return of the amount of vacation pay for unused vacation days. An employee can deposit money into the organization's cash desk or transfer it to a bank account.

The employer does not object to providing vacation in working days, but he is confused by the legality of such actions.

Let's say that an employee who is entitled to 28 days of vacation has already used 16 days of vacation in the summer, and decides to split the remaining vacation days and use them from Friday to Saturday, for four weeks in a row.

Sending people on leave from a holiday, for example, November 4, is a clear violation, because... These are official holidays, and when you have days off, it’s simply impossible to calculate this in advance.

We also note that according to Art. 8 of the International Labor Organization Convention No. 132 on paid holidays (hereinafter referred to as the Convention), which entered into force for the Russian Federation on 09/06/2011, when dividing the leave into parts, one of the parts of the leave must be at least two continuous working weeks.

Some employers offer to write a vacation application only for weekends (Saturday and Sunday, or those days that are scheduled weekends).

Source: https://911avtorazbor.ru/pereplanirovka/11934-otpusk-s-ponedelnika-po-pyatnicu.html

In what parts can you take annual leave?

Also, the Labor Code of the Russian Federation does not say anything about how many calendar days should fall on weekends and how many on working days. Therefore, when using vacation in parts, vacation days can fall on both weekdays and weekends. Are there any restrictions on dividing vacation into parts? But, in addition to the possibility of dividing vacation into parts, Article 125 of the Labor Code of the Russian Federation also establishes restrictions - division of vacation is possible only by agreement between the employee and the employer.

Thus, if an employee wants to take vacation in parts, he will have to agree with his boss on its duration, because The employer reserves the right to disagree with this option for splitting the vacation. After all, from the employer’s point of view, such a breakdown of vacation into parts is not rational.

Why can't you take a vacation of less than 7 days?

Continue the dialogue Pay reply Sincerely, Tatyana Lapina I believe that, since the Labor Code does not stipulate that the minimum part of the vacation should be at least 7 cal.

days, then the employer does not have the right to force the employee to take exactly seven days if he (the employee) needs only 3 days, for example.

In my case, it turns out that in order not to violate the law, one part of the vacation should be 14 days, and 3 times school holidays (according to the Labor Code, 15 days, and according to my employer, 21 days).

If I weren’t forced to take time off on holiday weekends, my annual leave would almost be enough for me, but as it is, I have to take on debt. In 2 years, my vacation debt will exceed the number of days of allotted vacation, and then I won’t be entitled to vacation at all? But this also breaks the law. Similar questions I am studying in the medical field. university

Consultantplus: forums

Yes, this is all clear, that by agreement... I know that the Labor Code does not establish a minimum number of days... that when granting leave in calendar days, weekends are included in the number of vacation days. But the question is this: if an employee asks for leave from Monday to Friday inclusive, the weekends following Friday should NOT be included in vacation time.

According to Part 1 of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts (here we are talking about the rights of the employee in the first place). At the same time, the Labor Code establishes that at least one part of this leave must be at least 14 calendar days (again, for the benefit of the employee, for the purpose of more or less normal rest).

Providing leave: how to avoid mistakes

In your case, if you want to punish your employer, contact the Labor Inspectorate. If you do not want to quarrel with your employer, you will not influence the current situation in any way.

Attention Pay reply I understood everything, thank you!

Any local regulatory act, no matter how often it changes in one direction or another, is not subject to application in the only case if its provisions worsen the situation of workers in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements . In this case, the Labor Code of the Russian Federation is applied, according to which the division of vacation into parts is possible only by agreement of the parties.

Article 125 of the Labor Code of the Russian Federation. In your specifically discussed case, there is no contradiction in the employer’s actions with the Labor Code of the Russian Federation.

So it seems that we, the workers, ourselves agree to all the conditions. Is there any way to combat this, or does the employer have the right to change local regulations at his own discretion? question number No. 10957444

Hello! The company has the right (and in some cases is obliged) to independently develop and approve documents that regulate its labor relations with employees. According to the terminology of the Labor Code (Article 8 of the Labor Code of the Russian Federation), they will be “local regulations containing labor law norms.” Mandatory acts, in particular, include: - internal labor regulations; - staffing; - vacation schedule; — labor protection rules. A company can approve a number of such local acts at its own discretion. For example, provisions on bonuses, material incentives, payment of remuneration for length of service and based on the results of work for the year.

The only exception is a preliminary agreement: for example, when, due to the specifics of the work, it is undesirable to rest during long holidays during shift work, etc. When vacation falls on holidays or weekends, it is calculated as follows:

If an employee rests from Monday to Friday, the duration of rest will be 5 days, and Saturday and Sunday will not be counted as vacation;
If an employee takes a week of vacation, his structure includes both weekdays and weekends.

The situation is somewhat different with vacations falling on holidays. For example, if an employee goes on vacation from May 1 for 14 days, and May 1 and 9 are non-working days, then they will be crossed out from the vacation.

Source: https://lcbg.ru/pochemu-nelzya-brat-otpusk-menshe-7-dnej/

Is it possible to take vacation days without days off?

In such a situation, the employee receives paid rest days and the opportunity to work more days a year and, accordingly, receive a salary for these days in the general manner. It is important that both the employee and the employer agree to use vacation in this mode. At the same time, it should be noted that weekends (weekly continuous rest) and vacation are different types of rest time, and one of them does not replace the other (Art.

106, 107 Labor Code of the Russian Federation). In fact, taking leave on weekends deprives the employee of the opportunity to fully use all types of rest time provided for by labor legislation, and thereby increases the actual duration of the employee’s working time in the working year (paragraph 12, part 1, article 21, part 1, article 91 Labor Code of the Russian Federation). In this regard, regularly providing vacation on weekends may cause complaints from inspectors. Essentially the same procedure is provided for the division of annual paid leave provided to prosecutors, investigators, scientific and teaching staff of the prosecutor's office of the Russian Federation. The division of leave into parts is carried out at the request of the named employees with the consent of the administration (see Federal Law “On the Prosecutor's Office of the Russian Federation” as amended on November 17, 1995, as amended and supplemented // SZ RF. 1995. N 47. Art. 4472; 1999. N 7. Art. 878). In a slightly different order, at the request of workers in the coal, shale, mining industries and certain basic sectors of the national economy, it is possible to divide the annual paid leave granted to them into parts. Moreover, the duration of one of them should not be less than two weeks (see Decree of the Government of the Russian Federation of July 2, 1990 No.

What is the benefit: dividing your vacation into parts or using it in full?

How will splitting the vacation into parts affect the amount of vacation pay?

The total minimum duration of annual leave is 28 calendar days (Article 115 of the Labor Code). By agreement between the employee and the employer, annual paid leave can be divided into parts, one of which must be at least 14 calendar days (Part 1 of Art.

125 Labor Code of the Russian Federation). Please note that the number of parts into which the vacation can be divided, if one of them is 14 days or more, is not limited.

“Splitting” vacation (taking into account weekends or taking into account only working days) may affect the total amount of accruals in favor of the employee.

In practice, not every employer can allow its employees to go on vacation for 28 calendar days at once, and accountants, as a rule, “split” vacation into 2 weeks. Let us show with an example whether it is profitable or not to “split” your vacation into parts. AUDIT AND ACCOUNTING SERVICES

EXAMPLE

Nezabudkina V.I. works as an accountant on a five-day workweek schedule with a salary of 50,000 rubles.

Let’s determine how it would be more profitable for an employee to take a vacation:

1) from July 1, 2020 for a period of 28 calendar days;

2) from July 1, 2020 for 14 calendar days and from August 12 for 14 calendar days.

Let’s assume that the period from July to June 2020 was fully worked out and no bonuses were awarded to the accountant.

Option one

The vacation starts on July 1, 2020 and lasts 28 calendar days.

The billing period will be from July 2020 to June 2020. According to the condition, it has been fully worked out. The amount of payments included in the calculation is RUB 600,000. (RUB 50,000 x 12 months).

The average daily earnings will be 1,706.48 rubles. (RUB 600,000: 12 months: 29.3 days).

The amount of vacation pay will be 47,781.44 rubles. (RUB 1,706.48 x 28 days).

In July 2020, Nezabudkina V.I. must work 3 working days, during this period she will be credited with 6,521.74 rubles. (RUB 50,000: 23 days x 3 days). The total amount of accruals for June will be equal to RUB 54,303.18. (RUB 47,781.44 + RUB 6,521.74). The amount of accruals for July and August (subject to fully worked August) is RUB 104,303.18. (RUB 54,303.18 + RUB 50,000).

WHAT IS THE BEST MONTH TO GO ON VACATION IN 2020?

Option two

Nezabudkina V.I. will divide the vacation into parts: 14 calendar days from July 1, 2020 and 14 calendar days from August 12, 2020.

For the first vacation, the billing period and, accordingly, the average daily earnings will be the same as in the first option. The amount of vacation pay will be 23,890.72 rubles. (RUB 1,706.48 x 14 days).

In July, another 13 working days must be worked. The amount of accrued wages for this period is RUB 28,260.87. (RUB 50,000: 23 days x 13 days). The total amount of accruals for July is RUB 52,151.59.

(RUB 23,890.72 + RUB 28,260.87).

Let's calculate the second part of the vacation. For her, the billing period will be from August 2020 to July 2020. In this case, the billing period has not been fully worked out, since Nezabudkina V.I. I was on vacation for 14 calendar days in July.

Let's calculate the number of calendar days worked in July, we get 16.07 days. [29.3 days : 31 days x (31 days – 14 days)]. The total number of calendar days in the worked period will be equal to 338.37 days. (29.3 days x 11 months + 16.07 days).

The amount of payments included in the calculation is RUB 578,260.87. (RUB 50,000 x 11 months + RUB 28,260.87). Average daily earnings - 1,708.96 rubles. (RUB 578,260.87: 338.37 days). The amount of vacation pay for 14 days of vacation in August is 23,925.44 rubles.

(RUB 1,708.96 x 14 days). For the remaining 12 days worked in August, Nezabudkina V.I. must accrue 27,272.73 rubles. (RUB 50,000: 22 days x 12 days). The total amount of accruals in August is 51,198.17 (RUB 23,925.44 + RUB 27,272.73).

A total of RUB 103,349.76 will be credited for July and August 2020. (RUB 52,151.59 + RUB 51,198.17).

The example shows that dividing vacation into parts does not greatly affect the amount of accruals in favor of employees.

The difference in the total total income was due to the fact that vacation was used in months with different numbers of working days (in July 2020 - 23 working days and in August 2020 - 22 working days).

If you use at least part of the vacation in the month with the largest number of working days, the amount of accruals will increase.

OUTSOURCING AND OUTSTAFFING OF ACCOUNTING PERSONNEL

Let us remind you

that the employee has the right to divide the vacation into any parts if one of them is at least 14 calendar days. This is confirmed, in particular, by specialists from Rostrud of the Russian Federation (letter dated July 17, 2009 No. 2143-6-1).

Let us note one more nuance

. An employer cannot force an employee to include weekends in the vacation period. That is, if an employee wants to use vacation for 5 days from Monday to Friday, then the employer cannot prohibit this.

This means that if an employee works on a five-day workweek schedule, and in the case when he takes vacation for 7 calendar days from Monday to Sunday, and for five calendar days from Monday to Friday, he will not be at work for the entire weeks (since Saturday and Sunday are in any case days off according to the work schedule).

It turns out that the employee will still rest for 2 weeks. However, with a vacation of seven calendar days, he will be paid for Saturday and Sunday, while if he takes a vacation for 5 days, then vacation pay will be accrued only for 5 days, and Saturday and Sunday will not be paid.

Therefore, in the first case, the amount of vacation pay will be greater.

At the same time, in the second option for registering leave, the employee will have two more vacation days, which he can use later and compensate with the vacation pay received.

And if the billing period for these 2 days turns out to be “rich” in accruals included in the average earnings for calculating vacation, then the employee will benefit. The employee has the right to use the short-term vacation of two days on any days by agreement with the employer (for example, on Thursday and Friday, or can take vacation on Saturday and Sunday).

RESERVE FOR PAYMENT OF HOLIDAYS

Drawing conclusions

Let us summarize the general results that employees probably know based on the explanations of accountants. It is advisable to choose months with the largest number of working days for vacation, in 2020.

these will be July and October (23 working days each according to a five-day workweek schedule) or April, August and December (22 working days each according to a five-day workweek schedule). It is not profitable for an employee to take a vacation in January 2020.

(17 working days) and in May (18 working days).

Regarding the splitting of the holiday into parts, we note the following.

In general, “splitting” vacation into parts does not significantly affect the amount of accruals, except for cases when the second part of vacation is used after an increase in wages or the payment of a large production bonus.

For those employees for whom a larger number of days is important, you can take vacation only for working days without days off. In this case, the employee will accumulate additional vacation days.

And vice versa. Workers who need more money can take vacation only on weekends.

Source: https://rosco.su/press/kak-vygodno-delit-otpusk-na-chasti-ili-ispolzovat-polnostyu/

If your vacation falls on a holiday

In order to extend their rest, many workers try to take vacation immediately before or immediately after non-working holidays. This raises a logical question: are holidays included in vacation? If non-working holidays occur during the employee’s vacation period, then they are not included in the number of vacation days and, as a result, are not paid (Article 120 of the Labor Code of the Russian Federation). This rule applies to both basic annual paid leave and additional ones.

Non-working holidays in Russia are (Article 112 of the Labor Code of the Russian Federation):

January 1, 2, 3, 4, 5, 6, 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.

Also, at the level of constituent entities of the Russian Federation, religious holidays can be recognized as non-working holidays (clause 7 of article 4 of the Law of September 26, 1997 N 125-FZ)

Calculation of the number of vacation days: example

Let's look at an example of how the number of vacation days is calculated if the vacation falls on a holiday.

Example. Sales Manager Nepenina N.V. I wrote an application for leave from February 19, 2020 for 14 calendar days. February 23 is a non-working holiday (Article 112 of the Labor Code of the Russian Federation). This day is not taken into account in the employee’s vacation. As a result, Nepenina N.V. must return to work after vacation on March 6.

Keep in mind that things are different in a situation where the employee in his application indicates not the number of calendar days of vacation, but specific dates (an example can be found in another consultation).

How to issue a settlement note and pay vacation pay

Returning to our example, let’s determine how many calculation notes the employer needs to prepare. Based on the fact that the employee asks for 4 vacations, a calculation note must be issued for each of them.

You can pay vacation pay earlier than the established three-day period (Rostrud letter No. 1693-6-1). Thus, you can pay vacation pay for all three-day vacations at once, no later than three days before the start of the first vacation. Labor laws will not be violated in this case.

Problems may arise if the employee decides to postpone one of the vacations to a later date. In this case, he will have an overpayment not only for vacation pay, but also for personal income tax and insurance premiums.

Let's figure out how to determine the deadline for paying vacation pay. Should the vacation day itself be included in the calculation?

Let's look at an example:

The employee goes on vacation on February 16, 2020, we will determine the deadline for paying him vacation pay (

“Vacation” holidays when calculating average earnings

As a general rule, vacation payments are calculated based on the employee’s average earnings (Article 139 of the Labor Code of the Russian Federation, clause 2, 10 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922). If the previous vacation included a holiday, should it be excluded from the calculation period when determining vacation pay?

Although the time when the employee retained his average earnings should be excluded from the calculation period, i.e. vacation days (clause “a”, paragraph 5 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922), non-working holidays in vacation periods are not included. In other words, holidays are not excluded times. Therefore, when calculating average earnings, such non-working holidays should be taken into account (Letter of the Ministry of Labor of Russia dated April 15, 2016 N 14-1/B-351).

Additional payment for holidays to piece workers

Employees who work on a piece-rate basis are paid additional remuneration for non-working holidays on which they were not involved in work. The procedure for its payment and the amount are established by the organization’s collective agreement, agreement or local regulation (Article 112 of the Labor Code of the Russian Federation).

The average earnings, on the basis of which vacation pay is calculated, are determined based on all payments provided for by the employer’s remuneration system (clause 2 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922). Specifically, additional remuneration for holidays is not mentioned in the list of “labor” payments in favor of employees. But since this list is open (clause “o”, paragraph 2 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922), this remuneration must also be taken into account when calculating the average earnings for piece workers.

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

Grizzly

January 8, 2011 at 12:54 pm

This information is not just interesting - it is important for asserting the employee’s rights to rest according to the law!

I was faced with the impenetrable and groundless obstinacy of the accounting department regarding the calculation of the number of days of the second (remaining) part of the vacation. Briefly about the situation: 14 days of continuous calendar leave have been used. Another 4 days were taken separately. As a result, the total number of calendar days used is 18, 10 remain to be used. As a normal person, I want to split the remaining vacation - 5 + 5 working days, naturally, throwing out weekends (the law does not prohibit me from doing this). Accounting assures me that I only have left. 6 (working) days. To my question - “What regulatory documents is this statement based on?” — they can’t say anything. Knowing that they were wrong, I did some digging online. As it turns out, this is a very pressing and painful issue for workers and employers. I found comments from lawyers - specialists in labor law, confirming that I was right. I think that this information will be useful to many - employees thinking about taking a vacation, as well as employees of the OK and accounting department. the link is a competent site on labor law. Below are excerpts of answers to questions from this site.

Can an employee take vacation from Monday to Friday, that is, not include weekends? Maybe if he indicates in the application that he takes part of the annual paid leave lasting five calendar days. The Labor Code of the Russian Federation (Article 125) allows for the division of leave into parts by agreement of the employee and the employer, while one of them must necessarily last at least 14 calendar days, and, of course, when calculating it, weekends will also be included. The number of parts into which the vacation can be divided is established by agreement of the parties, provided again that one part is at least 14 calendar days. link

Annual paid leave is 28 calendar days. How many of them must be Saturdays and Sundays? Is it possible to take vacation as follows: 14 calendar days (mandatory indivisible part according to the Labor Code), and the remaining 14 days are only Fridays or Mondays? Is there a rule that out of 28 calendar days there must be 8 days off? The Labor Code of the Russian Federation does not contain any restrictions regarding the division of vacation into parts. In accordance with Art. 125 of the Labor Code of the Russian Federation, the division of annual paid leave into parts is carried out by agreement between the employee and the employer. The only mandatory condition for such a division is that at least one of the parts of this leave must be at least 14 days. The remaining 14 days can be used by the employee in any order with the consent of the employer. link

Dear lawyers, please help me understand the following issue. I wrote an application for leave - from August 18, 2003. to August 29, 2003 for 12 calendar days. After the vacation, the HR department offered to sign me an order for my vacation, but for 14 calendar days, i.e. Saturday and Sunday were added to August 29 (August 30 and 31). The HR department justifies its actions by the Labor Code, arguing that out of 28 calendar days of vacation, 24 must be working days. Are the actions of the HR department legal? The logic of the HR department is difficult to understand. In accordance with Art. 115 of the Labor Code of the Russian Federation, which determines the duration of annual paid leave, annual basic paid leave is provided to employees for a duration of 28 calendar days. The Labor Code of the Russian Federation does not contain any instructions regarding how many of them should be calendar ones. The rule on calculating vacation in calendar days was contained in the Labor Code of the Russian Federation, which became invalid on February 1, 2002 due to the adoption of the Labor Code of the Russian Federation. On the other hand, in your case the vacation was divided into parts. Article 125 of the Labor Code of the Russian Federation regulates this issue as follows. Firstly, when dividing vacation into parts, at least one of the parts of this vacation must be at least 14 calendar days. Secondly, all issues related to the division of vacation into parts, including the duration of each part of the vacation, are resolved by agreement with the employer. Therefore, you need to find out whether an agreement has been reached with the employer to provide leave lasting 12 calendar days (confirmation of the agreement can be a note on your application for leave indicating consent to its provision). If this mark is not present, and it is impossible to confirm the agreement in other ways, then it turns out that the employer’s order for 14 days of vacation expresses his disagreement. In any case, if you still fail to prove the existence of an agreement on 12 days of vacation, 2 days off that will be included in your vacation are subject to payment. link

In 2002, I go on vacation on August 5 (Monday) for a period of three weeks. I will go back to work on August 27th. The administration demands that you take out the entire vacation and take time off in parts. If I go back to work on August 27, how many vacation days will I have left? According to my calculations, it’s 5 days, but the administration thinks it’s 4 days. Because 31 falls on Saturday. Who is right? If earlier the Labor Code of the Russian Federation provided for the duration of the annual main leave of 24 working days, now, from February 1, 2002, the moment the Labor Code of the Russian Federation came into force, the duration of the annual leave is 28 calendar days (Article 115 of the Labor Code) Moreover, according to Part 1 of Art. . 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, with the condition that at least one of the parts of this leave is at least 14 calendar days. The employer does not have the right to force an employee to take vacation in parts. Recall of an employee from vacation is permitted only with his consent. It is clear that Saturdays and Sundays are now included in the total number of vacation days and are paid. In your case, it turns out that from August 5 to August 27 you use 23 calendar days of vacation out of the allotted 28. Accordingly, you will have 5 calendar days left. You can take these 5 days at any time by agreement with your employer (administration). link

One employee took 14 days of vacation, then applied for vacation for 5 working days (Monday-Friday), and then for another 5 working days and then for 4 working days. Another employee went on vacation for 28 calendar days at once. It turns out that the second employee’s vacation turned out to be shorter than the first employee’s vacation due to the fact that his vacation period included weekends. Is this fair? In accordance with Article 115 of the Labor Code of the Russian Federation, annual basic paid leave is provided to employees for a duration of 28 calendar days. This duration remains the same in cases where such vacation is divided into parts, which is allowed by Article 125 of the Labor Code of the Russian Federation (in this case, at least one part of the vacation must be at least 14 calendar days). Indeed, the length of leave may in practice vary greatly depending on how the remaining 14 calendar days are provided - with or without the inclusion of holidays. However, the procedure for accounting for vacation days, in particular, the inclusion of weekends following or preceding the working days on which the vacation falls, is not regulated by law. Therefore, it seems that one should be guided by Article 125 of the Labor Code, which provides that vacation can be divided into parts by agreement between the employee and the employer, and proceed from the fact that the procedure for recording vacation days should also be determined by agreement between the employee and the employer. link

At the enterprise, vacation is calculated in calendar days. If I take one day off as vacation on Friday, but 3 days are deducted from my vacation. Are the actions of the HR department legal? It all depends on the agreement between you and the employer on the number of vacation days provided. By virtue of Part 1 of Art. 125 of the Labor Code of the Russian Federation, division of annual paid leave into parts is allowed by agreement of the parties. The code does not establish restrictions on the number of parts or the number of days in individual parts of the vacation, with the exception of the minimum number of days in one of the parts in the amount of 14 calendar days. Based on your question, we are talking about providing part of the vacation that exceeds 14 calendar days. It should be noted that the Code also does not provide for the order of use of parts of annual leave. This issue is also resolved by agreement of the parties. If you asked for part of the leave lasting one day (for example, on Friday) and it was granted to you, then this means that there was an agreement to provide leave on Friday. As for the next two days, in the absence of an application for their provision on account of vacation, the employer’s order in this part cannot be considered legal. If these are your days off, then payment should also not be made. link

Please tell me, I wrote one application for leave with a request to provide me with three parts of leave: December 30, 2002, from January 4 to 5, 2003 and from January 8 to 10, 2003, and the general director signed this application. But the HR department says that this is not correct, and you need to write three different statements, because these are three different leaves and, accordingly, three different orders for leave. Am I required to rewrite the application? According to Article 125 of the Labor Code of the Russian Federation, annual paid leave can be divided into parts by agreement between the employee and the employer. Moreover, at least one part of this leave (for this working year) must be at least 14 days. The legislation does not contain other requirements related to the provision of annual leave in parts. Accordingly, having received the employer’s consent and recorded this fact (his signature on your application, issuance of the corresponding order), you, for your part, have fulfilled all the requirements provided for by law. In turn, the requirements of your OC are not based on the law. link

DO YOU WANT MORE REST - USE THE HOLIDAY

As a rule, Ukrainians have 24 days of vacation, although some categories of workers take longer vacations. But if you want and have the ability, you can walk more. To do this, you need to rationally use holidays and weekends. For example, if you are going on vacation for two weeks, it is best to leave on Monday. It turns out that as of Friday evening you are completely free. Total: vacation increases by 2 days, up to 16 days.

But this is not the limit. Let's take May for example. If you have accumulated at least four days of vacation, which you can ask your bosses for, then by taking time off from May 2 to May 5, you can safely rest for nine whole days.

You can also grab extra days in May by using two vacation days on May 10 and 11, then you can rest for 5 days in a row.

Again, do not forget that this year Trinity falls on May 27 and the last spring week will be short - the Monday following the holiday, May 28, will be a day off.

Constitution Day, June 28, falls on Thursday, the following working Friday is moved to Saturday, June 23, and during this period we get 4 days off in a row. If you take vacation from July 2, you will get an additional four days.

According to the law, you can take a full vacation, or you can split it into parts. Only one part cannot be less than 14 days. The rest you are free to walk as you please. At least one day at a time. Which, by the way, is beneficial. If you take 14 days, then 10 of them will be working days and 4 will be weekends. You can take off all 10 working days one day at a time. True, your employer and accounting department will not be happy with such an initiative. First, you will be away longer. And secondly, the accounting department will have more work: you will have to issue orders and accrue money every time you plan to take a vacation.

What is a vacation schedule

In large organizations where a large number of employees rely on vacation, the manager develops a vacation schedule. This document must be agreed upon with representatives of the Trade Union organization and it is with reference to this schedule that the boss can limit the period or dates of the vacation period of a particular employee.

The schedule of vacation periods for subordinates is developed by the enterprise for the next 12 months at the end of December each year based on the preferences of employees. When drawing up a document, the manager is obliged to comply not only with the requirements of the provisions of the Code, but also take into account the specifics of the labor functions of citizens working in the organization, which has a significant impact on the duration of compulsory annual leave. If any unforeseen circumstances arise during the year, the employee can ask the boss to change the vacation dates, however, if there are no serious reasons for this, it is better to use the pre-agreed time so as not to disrupt the vacation plans of other colleagues, with which will have to be changed periodically.

There are situations when employees do not have time to take their allotted number of vacation days in one calendar year, but this does not mean that the remaining days automatically expire when a new working period begins.

How can vacation be divided according to the Labor Code and what awaits violators?

Each employee has the right to annual paid leave of at least 28 calendar days (Article 155 of the Labor Code). The head of the enterprise can increase this period by fixing the changes in a collective agreement or internal regulations (Article 120 of the Labor Code), while any reduction in the minimum duration of rest will be unlawful.

The legislation also provides for the possibility of using the vacation period not immediately, but in parts, at different times of the year. How vacation can be divided according to the Labor Code depends solely on the wishes of the employee. The need for this may arise on the initiative of:

An employee who, due to family circumstances or for other reasons, wishes to take part of the vacation at a certain time.
A manager who is experiencing a constant shortage of employees or needs to mobilize them to resolve a difficult production situation.

The manager does not have the right to interfere with the employee’s desire to share vacation at his own discretion, while the same actions on the part of the management themselves require the obligatory consent of the employee.

How many parts can a vacation be divided into?

When dividing vacation, you cannot violate the rule established by Art. 125 of the Labor Code and in accordance with the requirements of the International Labor Organization Convention No. 132 of September 6, 2011.

Specifically, the duration of at least one part of it should not be less than 14 calendar days. Whether it is possible to divide vacation by day is not determined by the Labor Code.

Theoretically, the second half of the vacation can be divided into arbitrarily small periods, even consisting of one day.

These actions will not contradict the law, although they will certainly meet some resistance from management. In addition, calculating benefits for too short a period of rest is also somewhat more difficult. For the employee himself, going on vacation for such short intervals cannot be considered as receiving proper rest.

When planning to divide his vacation into parts, the employee must clearly know how many days of vacation he is entitled to this year, and how he can break down his vacation.

After all, perhaps he has been working for less than a year, and his vacation will be less than 28 days. Or he has special privileges and a longer vacation, or maybe the employee has vacation left over from the previous period.

Find out how to calculate the number of vacation days in each specific case here.

Rest on weekdays

There are different ways in which vacation can be divided according to the Labor Code. It can be divided into parts that include both working days and weekends. However, the employee has the right to apply for rest within five working days. Taking into account the previous and subsequent days off, he thereby extends his vacation by four days.

In fact, the employee rests for nine days, of which five are paid - included in the vacation. By applying this splitting system to the entire fourteen-day period allowed for splitting, the employee can increase the total duration of leave by ten days. Of course, vacation pay will be accrued only for 28 calendar days.

Vacation only on weekends

It makes no sense for an employee to take a vacation on weekends, since he would have rested on these days without it. Nevertheless, such situations are beneficial for the employer, which is why they occur in enterprises. In other words, the employee is provided with mandatory 14 days of undivided vacation, after which the remainder is distributed on Saturdays and Sundays - resulting in seven segments of two days.

Thus, the employer has a full staff of employees who practically do not go on vacation. The only difference is that wages are accrued for days off that fall during vacation periods.

From a formal point of view, such a division of annual paid leave into parts does not violate the norms of the Labor Code, but is still illegal even with the voluntary consent of the employee. Since the employee has the right to a vacation of 28 days (Article 21 of the Labor Code; Part 5 of Art.

37 of the Constitution), which will not be implemented under the described scheme. Its constant use may provoke an inspection by the Labor Inspectorate and the imposition of penalties.

Splitting additional leave

Additional leave is provided for work in difficult and harmful working conditions and, in combination with the main one, exceeds the required 28 days (Article 115 of the Labor Code). Read about the provision of additional leave for hazardous working conditions in 2020 in the article https://otdelkadrov.

online/11044-raschet-predostavlenie-otpuska-za-vrednye-usloviya-truda-po-tk-rf. It can also be divided into smaller segments, although this is not directly stated in the legislation. An indirect solution to this can be considered the possibility of replacing additional leave with monetary compensation (Art.

127 TK).

Review from vacation

Calling an employee to work before the end of vacation in case of production necessity is possible only with his consent (Part 2 of Article 125 of the Labor Code).

He can use the remaining part of the vacation at any time of the year at his own choice or add it to the next vacation, which decision is reflected in the issued order.

An employee’s refusal to comply with the demands of his superiors cannot be equated to a violation of labor discipline (clause 37 of the Post. Plenum of the Supreme Court No. 2 of March 17, 2004). Find out here in what cases an employee can be recalled from vacation.

If an employee has already used 14 days of rest, dividing them into parts, it is unlawful to recall him from the remaining half of the vacation. Also, even with consent, it is prohibited to interrupt employees’ rest:

under 18 years of age;
pregnant women;
working in difficult and dangerous conditions.

Next in the video about dividing annual paid leave into parts

Decor

The division of vacation according to the Labor Code is based on:

Payment for parts of vacation

Vacation pay is calculated depending on the employee’s application. If it is written from Monday to Sunday, then the employer will pay vacation pay for 7 days.

When the application is written from Monday to Friday, the employee will receive vacation pay only for these days, but will actually rest for the same seven days.

If the application is written for Saturday-Sunday, then the employee will receive vacation pay for two days off, which he would have taken off in any case.

Vacation schedule for the next year, which includes the dates of all components of the vacation. This document is presented to employees for review and approval, the fact of which is confirmed by their signatures.
Written statement from the employee. This option is appropriate in companies with a small staff, as well as in the case of splitting vacations after the vacation schedule for the next year has been approved.

The second option requires some additional steps:

The director's decision is indicated in the corner of the application.
An order on the division of leave is issued (form T-6), certified by the signature of the manager and the seal of the organization. The information contained in it is identical to that specified in the application.
The accountant fills out a calculation note (form T-60) to calculate vacation pay.
Information regarding leave is entered into the employee’s personal card.
The data in the time sheet that takes into account work time is subject to change.
New dates are noted in the vacation schedule, and the reason and date of changes are entered in the vacation transfer column.

Statement

The vacation breakdown application must contain:

name and address of the organization;
Full name of the applicant;
the essence of the request, preferably with an explanation of the reasons, which will increase the likelihood of a positive decision;
desired dates for going on vacation and its completion;
date of application;
employee signature.

Responsibility for violations

Whether an employer has the right to divide vacation without the employee’s consent is determined by Rostrud Letter No. 2143-6-1 dated July 17, 2009.

This action will be unlawful, as will the decision to break down the vacation, determine the duration of its parts and the period for which they will fall. The same applies to the publication of internal regulations prescribing such a division (Article 8 of the Labor Code).

Therefore, the manager needs to act by persuasion, describing the unfavorable situation in the enterprise.

If an employee does not agree to split the vacation or go to work before it ends, he has the right to ignore the order of his superiors.

If negative consequences arise, you must contact the Labor Inspectorate. Any coercion in such a situation will be recognized as an administrative offense classified as part 1 of Art. 5.27 Code of Administrative Offences.

For committing it, a warning or penalties are imposed in the amount of:

1000–5000 rub. for a director or individual entrepreneur.
30,000—50,000 rub. for the enterprise.

Source: https://otdelkadrov.online/11058-osobennosti-razdeleniya-ezhegodnogo-oplachivaemogo-otpuska-na-chasti

sovetnik36.ru

Registration date: 08.05.

2008 Messages: 28,188 Re: Is it possible to take VACATION not including weekends? 1) The employee asked the employer to divide his annual paid leave into parts: 14 days, 5 days, 5 days, 2 days, 2 days.

At the same time, he indicated specific start and end dates for each part of the vacation. It turned out that each part, which is less than 14 days, falls only on working days and adjoins weekends or holidays.

Thus, the employee’s rest time has increased compared to the required 28 calendar days. Is it possible to divide annual paid leave in such a way that part of the vacation falls only on working days?

Does an employer have the right to refuse an employee to split his vacation into small parts? According to Art. 125 of the Labor Code of the Russian Federation, only by agreement between the employee and the employer can annual paid leave be divided into parts.

https://youtu.be/cF3Fs3gV7PE

To our editorial office

Why can't you take a vacation of less than 7 days?

Continue the dialogue Pay reply Sincerely, Tatyana Lapina I believe that, since the Labor Code does not stipulate that the minimum part of the vacation should be at least 7 cal.

days, then the employer does not have the right to force the employee to take exactly seven days if he (the employee) needs only 3 days, for example.

Similar questions I am studying in the medical field.

university Yes, this is all clear, that by agreement...

lic-r.ru

The most reliable option would be if the employee himself writes an application addressed to the head of the organization about dividing the annual paid leave into parts.

However, if there are many employees in the organization, this may be inconvenient. Therefore, there is another way: to familiarize employees with the vacation schedule, which in itself already records the division of vacation (Art.

123 Labor Code of the Russian Federation). If the employee does not want to share the vacation Not every employer today is ready to let their employees go on vacation for all 28 calendar days at a time.

So should he do this or shouldn’t he if the employee does not agree to split his vacation into parts? And since labor legislation does not regulate how many parts are allowed

13:48 13:20 13:10 12:40 12:37 12:24 12:21 12:12 12:04 11:44 10:51 10:37 10:36 10:17 9:51 9:46 9: 32 8:40 8:25 8:06 0:23 23:47 23:20 22:00 21:13 20:42 19:35 18:36 18:33 18:08 17:23 17:05 16:57 16 :49 16:45 16:27 16:23 16:15 16:12 10:57, April 27, 2020 › The employee was granted 14 calendar days of vacation.

When one part of the vacation is provided for 14 days in a row, the remaining part of the vacation, by agreement between the employee and the employer, can be divided into several parts, in particular, it can be a five-day period from Monday to Friday. Rationale for the conclusion: Annual

Vacation for a week 5 or 7 days

8 Labor Code of the Russian Federation). Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia 2. Answer: Division of vacation An employee can take annual leave of a total duration at a time or rest several times a year.

In this case, the decision to divide the vacation into parts must be mutual and supported by documents. An employee can reflect his wishes regarding the division of vacation in a free-form application.

Can I take 5 days vacation

/ / 04/18/2018 802 Views Also, in order to avoid conflicts and controversial situations in this regard, the procedure for dividing vacations should be prescribed in a local act (for example, in the Regulations on Vacations), including providing for the procedure and possibility of dividing vacations (Art.

An employee can reflect his wishes regarding the division of vacation in a free-form application. If the employer proposes to divide the vacation, then he can send the employee a corresponding notice, providing a special line in it where the employee will write whether he agrees or not to such a division.

Each of the parties, both the employee and the employer, has the right to refuse to divide the vacation into parts if it considers it unprofitable for itself. You cannot unilaterally refuse to divide the vacation into parts after an agreement on the division of vacation has been reached and signed by the parties.

For example, if an agreement is signed when drawing up the schedule, and when it is time to provide the first part of the leave, the party does not have the right to refuse to receive the leave in parts.

Which days - workdays or weekends - the days of each part of the vacation will fall on are determined by the parties by common agreement. Don't take life too seriously - you won't get out of it alive anyway!

#13 IP/Host: 94.100.83. Registration date: 05/08/2008 Messages: 3,311 Re: is it possible to take VACATION not including weekends? Thanks everyone, everything is clear #14 IP/Host: 81.195.185.

At the same time, the Labor Code of the Russian Federation does not stipulate how many calendar days of vacation should fall on weekends and how many on working days.