Is it possible to take a vacation from Saturday with a five-day work week?

Related Articles

How to check out of an apartment to nowhere

08.03.2018

How to reflect the deduction for used vacation in the dismissal order

08.03.2018

Contract registration procedure

08.03.2018
Moreover, annual paid leave can be divided into parts only by agreement between the employee and the employer. However, there are no requirements for the duration of the remainder of the leave. Thus, it turns out that the employee is not prohibited from splitting the second half of the vacation at his own discretion, having agreed on the duration of each part with the employer. Therefore, if the employer does not object, the employee has the right to take leave for 5 calendar days (without days off). Moreover, with the consent of the employer, the employee can rest several times for 2-3 days. It is possible to use annual leave in another way: first, divide 14 calendar days into several periods of rest, and then apply for the remaining 14 days at a time.

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

Attention

Pravoved.RU 580 lawyers are now on the site

1. Categories
2. Labor law

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

Lawyers' answers (3)

• All legal services in Moscow Drawing up complaints Moscow from 3,000 rubles.

https://youtu.be/v8W5ip7xMcc

Vacation registration

Documentation begins with the creation of a vacation schedule issued by the company. This document must be drawn up and registered no later than 14 days before the start of the new calendar year.

The schedule is drawn up in accordance with the T-7 form, approved by the Resolution of the State Statistics Committee in 2004. After the document is signed by the head of the company’s HR department and the head of the enterprise, it is considered binding on both the company’s management and its employees.

The company employee must be notified of the start date of the vacation no later than 14 days in advance by providing him with notice of the start of the vacation period.

At least 4 days before it starts, the employee must write an application for annual paid leave. The document is drawn up in any form, however, when writing, the meaning must be fully preserved, and the personal data of the employee, his position, and the start and end date of the vacation must be indicated.

The next stage is issuing an order in the T-6 form. This document provides the following information:

1. Document Number.
2. Date of preparation.
3. Employee personnel number.
4. Type of leave provided.

A sample form for an order for granting leave can be viewed at

link

.

The order must be signed by the head of the enterprise and the head of the personnel department.

After the order is issued, a calculation note is drawn up, on the basis of which payments due to the employee are calculated. The document is drawn up in accordance with the standardized T-60 form.

For each vacation period, an employee of the enterprise must draw up a separate application indicating the start and end dates of the vacation. If an employee wants to exclude weekends from the fourteen-day period, he will need to make 3 applications, for example, from July 9 to July 13, from July 16 to 20 and from July 23 to 26. However, it should be remembered that such a vacation schedule is possible only by agreement of the parties to the labor relationship.

If agreement cannot be reached, the employer is obliged to provide leave in the duration that was indicated in the drawn up vacation schedule, and the employee is obliged to use the provided vacation period.

If an employee wishes to divide the remaining vacation period of 14 days into 7 Saturday-Sunday pairs, a separate application must be drawn up for each of these periods, which must be registered no later than three days before the start of the vacation period. Otherwise, the company’s accounting department will not be able to make the necessary payments to the employee within the period established by law.

Dear readers, each case is individual. If you want to find out how to solve your particular problem, call:

Or on the website. It's fast and free!

Possibility to take vacation in parts without taking into account weekends

Registration date: 07/22/2008 Messages: 101 Re: is it possible to take VACATION not including weekends? Dear Alex-Kor, I know very well that we have no irreplaceable people. But we have a bunch of different inspections that an offended employee can go to.

You cannot focus only on constant and never-ending profits and use workers as material. You can play it out. Trust me, resentful employees are a disaster for an organization.

Important

And it’s not about money anymore. but in principles. And we are not talking about vacation at your own expense. You are confusing two concepts: annual leave - at least 28 calendar days per year and leave at your own expense - provided solely at the discretion of the employer.

Therefore, don’t add all your “mommy’s” and “daddy’s” children here. The question is somewhat different.

Holiday leave

In addition to regular weekends, throughout the calendar year there are also holidays on which work is not carried out, or shifts are paid at a different rate, usually double. According to Article 120 of the Code, holidays are not taken into account in the vacation period of workers, and are also not paid as days off. If there are certain holidays on vacation, it is extended in proportion to the number of holidays.

Some citizens work on a staggered schedule and sometimes their work shifts fall not only on Saturday/Sunday, but also on public holidays. Despite this, the legislator also does not include these days in the vacation period. Thus, it makes no sense to take time off from the holiday, since this day will not be paid anyway. However, the employee is given this right if only because it is possible to receive vacation payments ahead of schedule if they are greatly needed. In addition, if a work shift falls on a holiday, and the person wants to rest on this day, then going on vacation in this way will be the best option.

Is it possible to take a vacation for 5 days

And everyone is happy.:sm34: But it’s good when the company is not big. #22 IP/Host: 212.44.137. Registration date: 04/30/2008 Messages: 14,518 Re: is it possible to take VACATION not including weekends? We have “slightly outgrown” the small one. Although we are also “small birds”. #23

IP/Host: 81.195.185. Registration date: 07/22/2008 Messages: 101 Re: is it possible to take VACATION not including weekends? Well, yes! It's just not always possible to agree! It's rare to come across Genes like yours. It’s just that there have already been precedents for 200 days of unpaid vacation! )))) Owl #24 IP/Host: 212.44.137.

Registration date: 04/30/2008 Messages: 14,518 Re: is it possible to take VACATION not including weekends? Yes, I know...But ours tries not to violate (well, if possible). Any conflict is more expensive. Well, then, our core team is very good (that is , let’s say, there are simply no “constantly dissatisfied” or troublemakers. And the “other” unit that comes along leaves on its own.

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 :

• 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.

Question answer

Registration date: 05/08/2008 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.

Info

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.

Examples of calculations and paperwork

An employee can receive daily paid rest after issuing an order to this effect. The procedure for provision and calculation of payment is determined taking into account the wording used in this document.

If the start and end dates of the vacation are indicated, then another vacation day will not be added instead of a holiday. For example, the order may say that the rest period is from November 1 to November 14. It should be taken into account that November 4 is a holiday provided for by the legislation of the Russian Federation. However, when determining payment for vacation, 13 days will be taken into account, not 14, due to the fact that the holiday is an unpaid day.

A different situation arises with a different wording in the order: provide 14 days of vacation starting from November 1. Vacation pay will be calculated 14 days in advance. Instead of a holiday, another day will be added - November 15th. The presence of weekends in this period will not be taken into account.

When we consider not a vacation where payment is provided, but one that is given without maintenance, then the number of days in it does not depend on the presence of holidays. This rule also exists when the order indicated the number of days of leave without pay and even though its end date was fixed.

Should I take days off on my vacation??

Password is someone else's computer Forgot your password? © 1997 - 2020 PPT.RUFull or partial copying of materials is prohibited; with agreed copying, a link to the resource is required. Your personal data is processed on the site for the purpose of its functioning within the framework of the Policy regarding the processing of personal data. If you do not agree, please leave the site. Question for a lawyer Contact the editors Share Collapse Up here and now Personal question from a private person (labor disputes, social services)

questions, etc.) Professional question from a lawyer / accountant / individual entrepreneur about legal activities.

If the vacation falls in May 2019

So, if the vacation falls on a holiday, it increases by the number of NAPs.

Let us consider in more detail the issue of the coincidence of VD and NPD.

According to Part 2 of Art. 112 of the Labor Code of the Russian Federation, if a holiday falls on a weekend, then the latter is transferred to the next working day after the holiday. The rule applies to all holidays, except for January, when the Government of the Russian Federation transfers 2 days off to other dates during the calendar year.

Part 5 art. 112 of the Labor Code of the Russian Federation gives the Government of the Russian Federation the opportunity to transfer actual days of rest for the population that coincide with holidays to any selected days in order to use them more rationally.

We recommend! When an employee goes on vacation on holidays in 2019, in addition to Art. 112 of the Labor Code of the Russian Federation, one should take into account the Decree of the Government of the Russian Federation “On the transfer ...” of October 1, 2018 No. 1163 (hereinafter referred to as Decree No. 1163).

So, if a holiday falls on a vacation, you need to look at which days are considered holidays by law and which are weekends, and then count the holidays during the vacation separately. Their duration increases vacation time, but they are not subject to payment as vacation days.

We discussed payment for non-working holidays during shift work in the article “How is payment for holidays made during shift work?”

When planning a vacation for the May holidays in 2020, you need to consider the following.

According to Resolution No. 1163, the weekends of January 5 and 6 have been moved to May 2 and 3, and February 23 to May 10. That is, the first May holidays imply rest from May 1 to May 5 inclusive.

Note! Despite the fact that the rest days will be from May 1 to May 5, only May 1 is a holiday, since May 2 and 3 are postponed weekends, and May 4 and 5 are calendar days off.

The second May holidays include rest from May 9 to May 12 inclusive.

Note! The only non-working holiday in the period from May 9 to May 12 will be May 9, since May 10 is a rescheduled day off, and May 11 and 12 are calendar holidays.

Thus, in order to rest in May for 12 days in a row, taking into account the May holidays, you can write a vacation application for only 3 days - from May 6 to 8 (the holiday in this case will last from May 1 to 12).

If you write an application for vacation from April 29 for 9 calendar days, then the actual duration of the vacation will be 16 days (from Saturday, April 27, to Sunday, May 12).

We recommend! In order to avoid disputes with management, accounting and personnel department, each time you go on vacation, you should clarify the date of return to work, taking into account the vacation schedule, the submitted application, working hours, production calendar and other circumstances.

We talked about calculating the duration of vacation in the article “How to calculate the duration of vacation?”

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).

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).

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.

Example.

If a vacation falls on the New Year holidays, how is it counted?

Let's take a closer look at vacation pay - this is a burning topic for many, many thousands of Russian workers.

Why is it not profitable to take a vacation in January (financially)?

Since it has already been mentioned many times that the New Year holidays are not considered vacation days, it remains to state the following: the employer is not obliged to pay for them.

He has an obligation only in relation to amounts for vacations, and as we have already found out, holidays have nothing to do with them. This is also stipulated in the law.

The employee will be paid exactly the number of days provided for by his type of leave. And nothing else.

Thanks to the above reasoning, we can conclude that calculating vacation pay is not a difficult task. It is necessary to display the employee's average monthly earnings for the billing period, calculate his average daily earnings, and then multiply by the number of vacation days (not including New Year's holidays).

REFERENCE. As a general rule

settlement with the employee regarding vacation must be made no later than 3 days before its start

.

And in order to comply with the provisions of Article 136 of the Labor Code of the Russian Federation in cases where an employee’s vacation begins on January 4, 5, 6, 7, 8 or 9, it is necessary to make the calculation in advance, when the accounting department is still working.

This is possible, since the phrase “no later than 3 days” implies this very possibility.

There are a lot of holidays celebrated on the territory of the Russian Federation. However, some regions have their own important events that are recognized as official holidays.

In general, the country notes:

1. New Year's holidays, where the number of days may change every year, but most often from January 1 to January 8, employed citizens officially rest.
2. On January 7th, Russians celebrate the Nativity of Christ.
3. On February 23, all men receive gifts, since this day is Defenders of the Fatherland Day.
4. On March 8, the country celebrates International Women's Day.
5. Next come the May holidays. This is the 1st - Labor Day, and also May 9th - Victory Day.
6. The official holiday is June 12th. This is Russia Day.
7. This is followed by a long break, after which Russians celebrate National Unity Day. This holiday falls on November 4th.

Do not forget that these are not all possible official holidays. Additional days depend on the region in which the person works.

It is always necessary to check the production calendar, which must be present at every enterprise.

This question interests many workers who are planning to go on vacation during a period when there are many holidays. These primarily include the New Year holidays, as well as the May holidays, when it is practiced to postpone weekends to get more free days in a row.

By law, holidays during vacation are not counted towards the vacation period. As for weekends, they are considered and paid like regular working days. This is stated in Article 120 of the country’s Labor legislation.

Working people should take into account that when a holiday falls on an official day off, that is, Saturday or Sunday, this day is transferred to Monday or any other working day determined by the government.

This rule applies, among other things, to regional as well as religious events. Here the issue of postponing the weekend is decided by local leaders. At the same time, they must use the Recommendations of Rostrud dated June 2, 2014.

It should be noted that the government often chooses not the next Monday to postpone the weekend, but another more convenient day.

Thus, it is possible to combine several holidays and weekends to get a longer period of rest.

The government of the country issues a resolution annually. This will be the main document in which you can clarify the number of holidays and additional days off. Based on this document, a production calendar must be drawn up, which is then used to calculate vacation and payments for this period.

Russian legislation states that holidays are not considered vacation days and are not subject to additional payment. Thus, if there is a holiday during the vacation period, you can safely add another day to the allotted period.

Most of all, in this regard, those who have a vacation during the New Year holidays should rejoice. Every year their duration changes, but there are always enough days for a full-fledged celebration and relaxation. If an employee’s vacation coincides with the New Year holidays, he can safely add another 8 days to the allotted period.

According to Part 1 of Article 120 of the Labor Code of the Russian Federation, the duration of paid vacations for employees (annual main and additional) is calculated in calendar days and is not subject to a maximum limit.

Vacation without days off

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: 3,219 Re: is it possible to take VACATION not including weekends? Thanks everyone, everything is clear #14 IP/Host: 81.195.185.

Conditions under which vacation can begin on a day off

Having considered the issue, we came to the following conclusion: Annual paid leave can begin on a day off.
Important

Rationale for the conclusion: According to part one of Art. 120 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days; non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

This rule also applies to additional types of leave:

• for workers who are engaged in harmful and dangerous work (Article 117 of the Labor Code of the Russian Federation);
• for employees with a special nature of activity (Article 118 of the Labor Code of the Russian Federation);
• for specialists with irregular working hours (Article 119 of the Labor Code of the Russian Federation).

The number of days provided to a citizen is not regulated in duration up to a maximum limit, since everyone has a certain length of service and features specific to the nature of the activity performed (harmful, dangerous, special).

Thus, when calculating vacation pay for days provided, it is necessary to take into account weekends that fall within the rest period. For each vacation day, including Saturday and Sunday, the employee is paid the average daily salary.

Unlike calendar weekends, holidays, according to Art.

Belgorod region labor relations 2 experts participating Similar problems

Is it possible to take a vacation for 5 days without days off?

Is it possible to take vacation for the period from Monday to Friday, without days off? In what order is the application written? Yes, you can. The current labor legislation does not provide restrictions for this situation. In this case, a vacation application is written in the usual manner. The employee should keep in mind that in this case he will not be paid for 7 calendar days, but only 5. Simply put, the employee should decide for himself what is more important to him - money or the actual free time provided. In any case, your decision and, accordingly, the timing of your vacation should first be agreed upon with your immediate supervisor.

Example An employee wants to take vacation from May 26 to May 30 (not until June 1). To do this, he should: 1. Coordinate the vacation time with his immediate supervisor.

2. Write an application for leave and submit it to the company’s accounting department.

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).

https://youtu.be/Mc7XkSmsqHo

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 5 days of vacation without days off?

Registration date: 07/22/2008 Messages: 101 Re: is it possible to take VACATION not including weekends? Petya Berezkin is absolutely right. They took 14 days off without fail, and then at least one day at a time! Yes, in agreement with the employer, but there are simply very harmful employers who do not understand that they do not lose anything from this. They themselves will still not have to pay the employee more than 28 calendar days of annual leave. And what the employee chooses to do on weekends or holidays is his right. Why quarrel! Quarrels on this issue generally quite often end in the labor inspectorate and are far from being in favor of the employer. The explanation is very simple. The employee asks for 7 days of vacation, one day at a time, the employer refuses, the employee, in retaliation, does not go on vacation at all for these 7 days, as a result, he accumulates more than 28 vacation days.

Accrual of vacation pay for holidays and weekends

Regular days off included in calendar vacation days are paid in accordance with the employee’s average earnings. At the same time, although federal non-working holidays increase the vacation period, no payment is made for them.

In a specific example it looks like this. The employee's vacation begins on March 4 and lasts 20 days. Since this period includes the national holiday of March 8, which is a non-working day, you will have to go to work not on March 24, but on March 25. But only if this year March 8 falls on a weekday. If it is Saturday or Sunday, then the holiday is moved to Monday, and the employee starts working again on the 24th. And regardless of what day of the week the holiday is, vacation pay will be paid for 20 days, since a holiday non-working day is not included in the calculation of vacation pay.

From what date should vacation start when working in shifts?

Usually, people are sent on vacation according to the vacation schedule established in the organization.

In accordance with Article 123 of the Labor Code of the Russian Federation, the priority of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year.

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?

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. The day of the week from which the vacation begins does not matter, since in accordance with Article 120 of the Labor Code of the Russian Federation, the duration of the annual main or additional paid leave of employees is calculated in calendar days.

Viktoriya Kochetkova. expert October 24, 2014, 10:52

In general, what is vacation? This is time free from work, time for rest, and therefore it is logical to send you on vacation from the working date for you, because if you are sent on vacation on your day off, then it turns out that you are sent to rest on your vacation.

Viktoriya Kochetkova. expert October 24, 2014, 10:57

In general, vacation is granted on the basis of a vacation schedule, which is mandatory for the employer and for the employee, and what this schedule looks like is the employer’s priority, he is not even obliged to familiarize you with the vacation schedule, the Labor Code of the Russian Federation does not provide for this.

You must be notified two weeks in advance of the start of your vacation.

And if you work according to a schedule - shift work is two in two, and if the schedule is drawn up for every month, then it is not possible to include in the vacation schedule to go on vacation from your working shift. With employees who work five days a day, this is not difficult, but with those who have a shift work schedule or summarized accounting, it is simply not possible to calculate it; the vacation schedule is drawn up two weeks before the start of the new year, i.e. it should already be approved.

And what happened is that you were sent away from your day off, this does not violate your rights in any way, the main thing is that you were given vacation - 28 calendar days, and in accordance with the vacation schedule. This is more important than the fact that it happened on your day off.

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.

Viktoriya Kochetkova. expert October 24, 2014, 11:08

breaks during the working day (shift);

daily (between shifts) rest;

weekends (weekly uninterrupted rest);

non-working holidays;

What is rest time in Article 106 of the Labor Code of the Russian Federation?

Rest time is the time during which an employee is free from performing work duties and which he can use at his own discretion.

The concept of working time, Article 91 of the Labor Code of the Russian Federation

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform work duties

And it turns out that the employee goes on vacation to take a break from working hours, not to fulfill his DI, and it is logical to send the employee on vacation from his working day, but it is a violation of the law if you are sent on vacation from your day off if you work according to shift schedules there won't be, because It is simply impossible to make a calculation that this date in the vacation schedule will be a working date for you.

You understand, you go on vacation for 28 calendar days, and you are paid exactly 28 calendar days, and the fact that you left a working date or a day off for you will not change the number of vacation days and the number of paid vacation days.

Viktoriya Kochetkova. expert October 24, 2014, 11:38

And what is also important is that vacation according to the law is provided in calendar days, and not in working days, as was the case before the Labor Code of the Russian Federation came into force. Calendar days are all days in a row, both workdays and weekends.

I explained to you about holidays, they are established by law, Article 112 of the Labor Code of the Russian Federation, and they cannot be granted from a holiday, because... Article 120 of the Labor Code of the Russian Federation Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

And therefore, providing leave from a holiday is a violation of the law, but from a day off, this is a calendar day, then this is not a violation, but it is more logical if we talk about what working time and rest time are, after all, from a working day, but this more logically, this does not oblige the employer.

HR Manager

Total experience of more than 10 years 1. I conduct personnel audits, set up personnel records from scratch, develop Regulations, job descriptions and other local regulations. 2. I resolve conflict situations, I know how to persuade, and find a compromise. 3. Excellent knowledge of the Labor Code of the Russian Federation and judicial practice. 4.

• corruption
• finance
• Copyright
• alimony
• army
• elections
• citizenship
• children
• contracts
• documentation
• access to the information
• housing
• Housing and communal services
• health
• voting rights
• property
• Constitutional rights
• deprivation of rights
• taxes and credit
• inheritance
• real estate
• education
• pensions
• police
• consumer rights
• justice
• entrepreneurship
• prosecutor's office
• freedom of speech
• freedom of conscience
• family
• meetings, rallies
• own
• subsidies and benefits
• transport
• labor Relations
• criminal law
• private life
• fines
• ecology

• Adygea rep.
• Altai, rep.
• Altai region
• Amur region
• Arkhangelsk region
• Astrakhan region
• Bashkortostan rep.
• Belgorod region
• Bryansk region
• Buryatia rep.
• Vladimir region
• Volgograd region
• Vologda region
• Voronezh region
• Dagestan rep.
• Jewish auto. region
• Transbaikal region
• Ivanovo region
• Ingushetia rep.
• Irkutsk region
• Kabardino-Balkarian Republic
• Kaliningrad region
• Kalmykia rep.
• Kaluga region
• Kamchatka Krai
• Karachay-Cherkess Republic
• Karelia rep.
• Kemerovo region.
• Kirov region
• Komi Rep.
• Kostroma region
• Krasnodar region
• Krasnoyarsk region
• Crimea
• Kurgan region
• Kursk region
• Leningrad region.
• Lipetsk region
• Magadan region
• Mari El rep.
• Mordovia rep.
• Moscow
• Moscow region
• Murmansk region
• Nenets Aut. env.
• Nizhny Novgorod region.
• Novgorod region
• Novosibirsk region
• Omsk region
• Orenburg region
• Oryol region
• Penza region
• Perm region
• Primorsky Krai
• Pskov region
• Rostov region
• Ryazan region
• Samara region
• Saint Petersburg
• Saratov region
• Sakha (Yakutia) rep.
• Sakhalin region
• Sverdlovsk region.
• Sevastopol
• North Ossetia-Alania rep.
• Smolensk region
• Stavropol region
• Tambov region
• Tatarstan, rep.
• Tver region
• Tomsk region
• Tula region
• Tyva rep.
• Tyumen region
• Udmurt Republic
• Ulyanovsk region
• Khabarovsk region
• Khakassia rep.
• Khanty-Mansiysk Autonomous Region env. — Yugra
• Chelyabinsk region
• Chechen Republic
• Chuvash Republic
• Chukotka Autonomous Republic env.
• Yamalo-Nenets Aut. env.
• Yamalo-Nenets Aut. env.

The vacation schedule is sometimes drawn up in such a way that the start date of the annual vacation falls on a non-working holiday or weekend. It should be remembered that non-working holidays are not included in the counted number of calendar days, so choosing the start date for the vacation will not be entirely rational. Let's find out whether vacation can start on a day off. It is possible to provide an employee with leave from a holiday or weekend; the legislator does not prohibit this.

Let's consider two situations arising from this:

• The start of the vacation falls on a holiday. In the order we write the date from which the vacation begins according to the vacation schedule. In fact, the vacation will begin the next day after the holiday.
• The start of the vacation fell on a weekend. In the order, we also indicate the start date of the vacation according to the schedule. Vacation begins in accordance with the order. The day off from which the vacation begins is included in the days of rest and is taken into account when calculating its duration.

It should be noted that rest for a holiday that coincides with a Saturday or Sunday weekend is transferred by order of the Government of the Russian Federation to the next working day. If the vacation begins with the usual days off according to the work schedule, then you may get the feeling that these days are “lost,” but this is not entirely true. The actual duration of rest is reduced, but vacation pay is accrued, and the days are considered part of the paid rest time.

vacation.

• the so-called New Year holidays (from January 1 to January 6 inclusive plus January 8);
• Nativity of Christ (January 7);
• Defender of the Fatherland Day, International Women's Day;
• May holidays (Spring and Labor Festival, Victory Day);
• Russia Day (June 12);
• National Unity Day (November 4).

In the previous section of the article, we looked at how vacation is transferred if it falls on the May holidays 2020. Now we will reveal whether it is profitable to take a vacation during the May holidays.

Note! In those months when there are no non-working holidays, the “cost” of one working day is lower than, for example, in January and May, when there are several holidays. Due to holidays, the “cost” of one working day increases, so taking vacation at your own expense during such periods is clearly not profitable.

Read more about the norms for working hours in our article at the link: What are the norms for working hours in 2020 - 2019.

Note! According to Part 4 of Art. 139 of the Labor Code of the Russian Federation, if you need to find out the amount of vacation pay, then income for the previous 12 months is divided by 12 and 29.3 (average number of days per month). The indicated figure will give the “cost” of one day of vacation. When multiplied by the number of vacation days, the total amount of vacation pay is obtained.

We recommend! Comparing the “cost” of one working day in May (monthly income/number of working days in May) and the amount of vacation pay for one day (calculated according to Part 4 of Article 139 of the Labor Code of the Russian Federation) will give a final answer to the question of whether it is profitable to take vacation in May.