Working hours every other day: registration of labor relations and payment

Is vacation taken into account in the work schedule with summarized working hours?

Answer to 1 question: Should the schedule take into account annual vacations?
If so, how to reflect the transfer of vacation? You are not required to indicate the employee’s vacation in the work (shift) schedule; moreover, it is not recommended to do this. Answer to question 2: If the schedule was initially drawn up without taking into account vacation based on the standard hours, then when calculating overtime, is it also necessary to subtract annual leave time from the standard? Yes need.

d.). Answer to question 3: How can you avoid overtime when creating a work schedule? It is advisable to draw up a work schedule (shift) for the entire accounting period, so that within this accounting period the employee works the required hours, without overtime or shortcomings.

Note: standard working hours for 2020

https://youtu.be/d12M0jK0IAM

How to correctly calculate an employee’s working hours?

It is clear that under any working regime, a worker cannot work the hours that he was on legal leave. Accordingly, the norm of working hours for the year for an employee will be less by the number of hours that fell on any type of leave (annual, educational, at one’s own expense, sick leave or leave taken to fulfill civic duty). Vacation time during working hours must be deducted from the employee's total vacation period.

That is, the standard working hours for a certain period are initially determined without subtracting missed working days. Next, the total number of working hours attributable to vacation is subtracted from this standard. The Labor Code does not prohibit employers from drawing up shift work schedules taking into account all types of employee leave. Moreover, these vacations are planned in advance and their time frames are known.

The Labor Code does not prohibit employers from drawing up shift work schedules taking into account all types of employee leave.

Upon careful study of Art. 123 of the Labor Code of the Russian Federation, it becomes clear that a vacation schedule for an enterprise can be formed and signed long before the two-week limit at the end of the year. This will help the organization’s management to combine the vacation schedule with a shift work schedule, which means it is possible to reduce the accounting working time in the shift schedule during the employee’s vacation.

Important

It may consist of five days (Saturday and Sunday are days off), or six, but its duration should normally be 40 hours, or with a shortened time period - 24, 35 or 36.

Change. The concept of a work shift includes the time after which workers engaged in the same labor process replace each other.

Payment for the night shift (from 22.00 to 06.00) occurs at an increased rate, which is approved by the employer.

Working day. The time during the day during which work is performed. Normally equal to 8 hours.
Accounting period.

The Ministry of Health and Social Development said at one time that according to the employee’s schedule. Question: The employee has a summarized recording of working time, the accounting period is 1 month.

A work schedule (not shifts) is drawn up for him, approved by the employer one month in advance. The number of working hours of the employee according to the work schedule for the accounting period corresponds to the normal working hours. On July 25, the employee submitted a letter of resignation, where he indicated the date of dismissal - August 7.

We invite you to familiarize yourself with: Maternity leave (maternity leave): duration, registration

Moreover, his work schedule for August has already been drawn up. In the schedule for the period from August 1 to August 7, the employee has 3 working days of 12 hours a day. If the deficiency occurred due to circumstances beyond the control of the parties, then pay for the unworked hours in the amount of 2/3 of the tariff rate (salary), calculated based on actual time worked by the employee.

This follows from the provisions of Article 155 of the Labor Code of the Russian Federation. Hours worked by an employee in excess of the norm (overtime) are subject to payment at an increased rate (Article 152 of the Labor Code of the Russian Federation). Work on weekends and non-working holidays of employees with a summarized accounting of working hours and an established salary is paid according to the rules of Article 153 of the Labor Code of the Russian Federation.

An example of calculating earnings in the event of shortfalls with summarized accounting of working hours. The employee has a fixed salary. Read more about working hours here: To the equipment engineer of Alfa CJSC L.I.

For Petrov, with a five-day working week, a summarized recording of working time was established. The accounting period is a month.

The procedure for determining the norm of working time (including for cumulative accounting) for certain calendar periods is established by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n (hereinafter referred to as the Procedure). According to clause 1 of the Procedure, the standard working time per month is determined by the formula: Length of the working week (40, 39, etc.) / 5 X number of working days according to the calendar of a five-day working week in a particular month.

From the resulting number of hours, you need to subtract the hours in a given month by which the duration of work is reduced before non-working holidays. Thus, when calculating the standard working time, only the employee’s working time is taken into account.

If an employee was released from performing labor duties while maintaining his job (for example, vacation, illness, etc.), then this time is excluded from the accounting period.

From what date should vacation start when working in shifts?

Attention

Thus, in accordance with the general rule established therein (Articles 120, 122 and 123), the duration of annual paid leave is calculated in calendar days. Non-working holidays falling during the period of annual paid leave are not included in the number of calendar days of leave.

Vacation is provided in accordance with the vacation schedule approved by the employer no later than 2 weeks before the start of the calendar year, taking into account the opinion of the elected body of the primary trade union organization and which is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

In general, I didn’t see any problem in your situation. In accordance with Article 107 of the Labor Code of the Russian Federation, the types of rest time are: breaks during the working day (shift); daily (between shifts) rest; weekends (weekly uninterrupted rest); non-working holidays; It’s just that with a shift work schedule, it’s difficult to calculate the vacation date so that it is from the work shift, and the vacation schedule is approved two weeks before the start of the new calendar year, Article 123 of the Labor Code of the Russian Federation.

Victoria has already answered you, but I would like to make some additions. Usually, people are sent on vacation according to the vacation schedule established in the organization.

We invite you to read: When is leave without pay granted at the initiative of the employee? How long can you take leave without pay?

— After the end of the study leave, the employee did not bring a confirmation certificate. He says that the dean’s office is already closed and no one will sign the certificate for him. Do we have the right to fire an employee for absenteeism?

- No, you have no right. Providing study leave is an established guarantee (Articles 173–176 of the Labor Code of the Russian Federation - Ed. note). It follows from the Labor Code of the Russian Federation that an employee has the right to leave for a session if he has a certificate of summons from the university (Part.

The following non-working holidays occur during the employee's vacation period: January 1, 2, 3, 4, 5, 7, 2006.

Labor relations between employees and entrepreneurs are regulated by the Labor Code of Ukraine (LC) and other legislative acts of Ukraine adopted in accordance with it. Hello.

I work 2 to 2 shifts.

Starting October 27, they are going on vacation, and this is my first day off. Is it legal to send people on vacation on a day off, because when you work a five-day shift, vacation doesn’t start on Saturday (on any day except weekends) Usually people go on vacation according to the vacation schedule established in the organization. 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?

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

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.

When should annual paid leave be extended or postponed?

b) additional leave for employees working in two shifts, at the rate of one day for every two years worked, but not more than two days, and for those working in three shifts - one day for each year worked, but not more than four days. The duration of vacations is determined depending on the number of evening and night shifts worked.

Such leaves are introduced in addition to other additional leaves provided for the relevant categories of employees. In this case, the total duration of annual leave should not exceed one calendar month (30 calendar days), unless the legislation establishes leaves of longer duration.

The specified additional payments and leaves for work in a multi-shift mode are introduced at the expense of funds earned by work collectives, within the limits of the wage fund and the material incentive fund (unified material incentive fund), formed according to stable standards.

Instruct the USSR State Committee for Labor and Social Issues, together with the All-Russian Central Council of Trade Unions, to provide the necessary clarifications on the procedure for establishing additional leave for work on evening and night shifts.

Annual additional pay is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by federal laws (Art.

Please tell me when I should go to work during a shift work schedule (three days a day), if the vacation ends on June 25, and my shift is on June 28? 06/18/2014

Good afternoon With a shift work schedule, is there some kind of standard number of hours per month? If so, what article of the Labor Code regulates this? And should hours above the norm be paid additionally? 26.

Dear editors, I have a “2 through 2” shift work schedule, I wrote an application for leave without pay and I want our director to exclude scheduled days off from this period. Do I have the right to do this?

If an employee has a “2 through 2” shift work schedule, a request to provide him without pay with the exception of his scheduled days off from this period is unlawful, since the current legislation does not provide for a reduction in leave without pay by the number of days off, falling during this vacation period.

An employee working a shift schedule went on another vacation. The date of return to work after the vacation is June 6, 2011, and his shift works on June 8, 2011. The employee cannot go outside his shift.

Weekends are an independent type of rest time along with vacation (Article 107 of the Labor Code of the Russian Federation). Rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion (Art.

Is the day of rest for a shift worker transferred due to the fact that his day off coincides with a holiday? If yes, then according to which article of the Labor Code of the Republic of Kazakhstan?

According to the Labor Code of the Republic of Kazakhstan, shift workers are provided with days off according to shift schedules (Article 84 of the Labor Code of the Republic of Kazakhstan). Shift schedules are brought to the attention of employees by those responsible for filling them out no later than one month before they come into force.

In this situation, going on leave from the first working day does not contradict the norms of labor legislation, however, leave is provided in agreement with the administration of the organization.

Leave is always issued by appropriate order. Moreover, in most cases, such orders are issued in advance and are the basis for calculating payment for vacation (vacation). This usually happens 5-7 days before the start date of the vacation (based on the order for its provision, vacation pay must still be calculated and transferred no later than 3 days before the start of the vacation).

In large organizations that strictly adhere to the vacation schedule, one or two orders per month may be issued to send employees on vacation. Those. the order can be issued not only individually for each vacationer (Example 8), but also for a group of lucky ones (Example 9), while many continue to use the unified forms No. T-6 and T-6a previously developed by Goskomstat.

However, we remember that the document forms used must now be approved by the head of the organization. Accordingly, on the documents themselves you need to put the number and date of the document that approved the form in the organization, and not just a link to the resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 (see “1” in Examples 7, 8 and 9).

Example 7 Vacation schedule for 2020 with additional columns 11 and 12 (its completion is shown as of the end of June 2017)

We suggest you read: Study leave, weekends are paid

Example 8 Order for granting leave (individual in form No. T-6)

Example 9 Order for granting leave (collective in form No. T-6a)

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In the standard procedure, which means employees going on vacation in accordance with the approved schedule, the employer is obligated to inform the employee two weeks before this date about the upcoming onset of vacation in the form of a written notice. This rule is established by Art. 123 Labor Code of the Russian Federation. In this case, the employee must put his signature on this notification, thereby confirming the fact of his familiarization with its contents.

However, if you go on vacation not according to schedule, a fundamentally different registration procedure applies. So, in this situation, an employee who wants to go on an unplanned vacation, as a rule, turns to the employer with a written application, which indicates the dates and duration of the desired vacation, as well as additional conditions and reasons justifying his request, if any.

Note! In some organizations, internal regulations may provide for a special form for such a statement.

If we are talking about preferential categories of employees or situations where the employer is obliged to provide an employee with leave, approval of such an application is not required on his part. In all other cases, it is necessary that the employer agrees to provide rest for the employee.

Further, if the employee goes on vacation not according to schedule, the personnel department prepares and submits for signature to the head of the organization an order granting vacation to the employee. If the enterprise uses unified forms of documents approved by Resolution of the State Statistics Committee of the Russian Federation of January 5, 2004 No. 1, one should resort to form No. T-6.

However, an enterprise has the right to use an independently developed form of such a document that best suits its needs. In this case, the employee must be familiar with the contents of the order against signature.

Note! In accordance with Art. 62 of the Labor Code of the Russian Federation, an employee has the right to receive a certified copy of the order to be sent on leave within three days by contacting the employer with a written application.

Reference

Recording information about unplanned leave

Vacation granted to an employee outside of the previously approved schedule, however, must be reflected in all personnel documents of the organization, which are issued in connection with the employee’s departure on vacation. In particular, we are talking about the following procedures:

entering information about the order to grant leave into the journal for registering regulatory documents, if such a journal is maintained in the organization;
entering data on leave into the time sheet;
entering information about the transfer of vacation into the vacation schedule and marking the use of the allotted rest;
entering information into the employee’s personal card. All information about the leave granted, including its type, duration and dates of grant, is reflected here. However, the employer is not obliged to familiarize the employee with the contents of such a record.

As a general rule, in accordance with the Labor Code of the Russian Federation, annual paid leave is granted to an employee for each working year. Such a year is counted from the date the employee starts working, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use vacation after 6 months. But by agreement with management, a newly hired employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid vacation can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the start of the calendar year, i.e. no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).

Limited Liability Company LLC "Kaleidoscope"

Leading engineer Kungurov I.S.

Notification dated 05/08/2019 No. 2

We would like to inform you that, in accordance with the vacation schedule approved for 2020, from May 27, 2020, you are granted basic annual paid leave for 14 calendar days. The start date for work is June 10, 2020.

When to return to work from vacation?

The amount of vacation pay for shift work is made on a general basis and is determined by the procedure for calculating average earnings established in Article 139 of the Labor Code. The amount of vacation pay is calculated based on the employee’s average earnings. The duration of the next paid leave during a shift work schedule is established by mutual agreement between the employer and employee. If such an agreement has not been reached, then the duration of the vacation is 28 calendar days.

It should be remembered that when dividing vacation into parts, one of the parts cannot be less than 14 calendar days. When returning from your next vacation, you should understand that the release date indicated in the order for granting vacation is the result of the mathematical addition of calendar days.

We invite you to familiarize yourself with: Article 335 of the Labor Code of the Russian Federation in the new edition with Comments and latest amendments for 2020 || Leave for up to one year for teaching staff

Transfer of vacation

If an employee has any objections to the provision of leave during the planned period, he must notify the employer in writing, otherwise his actions may be regarded as an abuse of his rights. This can be done in the form from Example 2 (see “2”) or as a separate document (Example 4).

Unfortunately, the legislator did not explain what to do if the “preferential employee” demands to change the terms of his vacation again after the vacation schedule has been approved. On the one hand, such employee actions introduce significant uncertainty into the production process, calling into question the very principle of providing scheduled vacations.

If the employer is not obliged to follow the employee’s wishes, then by comparing his capabilities and the employee’s needs, he can meet him halfway of his own free will. The situation with a visa refusal and a change in travel package is one of these (see “2” in Example 2).

The employer also has the right to take the initiative to postpone the vacation. This is usually due to production needs.

Regardless of who is the initiator, the procedure for making changes to the vacation schedule is almost identical. The only difference is how the initiative to transfer and the consent of the other party to it is reflected. You can document it like this:

an employee can initiate the transfer of leave by application (Example 4) or in a notice of leave (Example 2). It is better to take the consent of his immediate supervisor in writing, for example by issuing a visa on the initiative document (see “1” in the same place). The final decision is confirmed by an order to postpone the vacation or change the vacation schedule (see paragraph 1 of the order from Example 6);
the employer can initiate the transfer of vacation, for example, by a memo from the immediate supervisor (Example 5) or in the form of a vacation notice (Example 2), and the employee’s consent to this can be formalized here (see “!”). The final decision is again confirmed by an order (paragraph 2 of the order from Example 6).

Example 4 Employee’s application to postpone vacation

We invite you to familiarize yourself with: Labor Code of the Russian Federation. Chapter 19. Vacations

Example 5 Memo from the immediate supervisor about postponing the employee’s vacation

Example 6 Order to amend the vacation schedule

After issuing an order to amend the vacation schedule, the schedule reflects the fact of transferring vacation in columns 8 and 9 (see “4” in Example 7). If the transfer is repeated, then the entries are made one after another.

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

When transferring and dividing vacation into parts, one more rule should be taken into account: at least one part of the vacation per year must be at least 14 calendar days, the rest can be “shredded” to the extent that the parties agree (Article 125 of the Labor Code of the Russian Federation).

As mentioned above, the employee:

must be notified of it no later than 2 weeks before the start of the vacation;
no later than 3 days before the start of the vacation, he must receive the vacation payments due to him.

If these requirements are not met, the employer, upon a written application from the employee, will have to postpone the initially planned vacation to another period agreed with the employee (Article 124 of the Labor Code of the Russian Federation).

Also, the vacation must be postponed if the employee, due to production needs, agreed not to go on vacation in the current working year, or was recalled from vacation.

Vacation with a flexible work schedule

determined and calculated in the usual manner, which is prescribed in Art.

114 Labor Code of the Russian Federation. We will tell you about the procedure for drawing up a rolling vacation schedule and the conditions for its registration in the article.

After drawing up the vacation schedule, it is necessary to inform the company's employees.

Let's give an example. If the first vacation is taken in the amount of 12 days from the last working day, then the employee will rest not 12, but 14 days at the expense of another 2 days off, and the second stage of vacation will be taken for 16 working days and 2 days off.

According to the Labor Code of the Russian Federation (Article 100), an entrepreneur can establish one of 4 types of working week for staff.

There is no separate section of the Labor Code of the Russian Federation dedicated to a sliding schedule, but it is mentioned in the context of the types of working week in Article 100. INFORMATION NOTICE! Flexible working hours are regulated by Art. 102 of the Labor Code of the Russian Federation, and work in shifts - Art.

103 Labor Code of the Russian Federation. An employee cannot be forced to work in a certain way without his consent. Possible options for the legal use of a sliding schedule provide for the good will of the employee and his consent to this form of employment. Let's look at them. Official non-working days adopted within the country are also not always days off for sliding-scale workers.

How to calculate vacation pay in 2019?

Order and new rules

So, how to calculate vacation pay?

Officially, vacation payments are due to all employees without exception who go on vacation. In many ways, the changes occurred due to the huge number of holidays, on which the total amount of payments depends.

In the new calculation procedure, the formula remains the same, but changes:

the coefficient of the average number of days worked by an employee - from now on it is equal to 29.3;
additionally, the average salary is taken into account;
The period of calculation (calculation) is additionally taken into account - this means the amount of wages for 1 calendar day.

In addition, the period worked in the company also affects the amount of payment.

For example, according to the new legislation, an employee can take a vacation after working for only 6 months. However, in this case, it is not the calendar year that is taken into account, but 6 months of work.

Formula and coefficient for calculation

In the process of determining vacation pay, you should initially determine the billing period for which the employee will receive his cash payments.

Additionally, the average payment per calendar day is calculated.

The calculation period of 12 calendar months that precedes the date of registration of annual leave is taken into account as a base.

In other situations, when the required period is not enough, in other words, the worker worked less, for example, on maternity leave, then one should take into account the salary for the period that is equal to the calculated one.

A similar situation arises with those employees who have worked for less than a full month.

To be able to calculate vacation pay, a definition such as “average salary per day” is used.

Its indicator can be determined on the basis of a special coefficient, which in turn is called the “average monthly number of calendar days” and today is equal to 29.3.

How to calculate your average earnings?

The calculation can be made using the formula:

average daily earnings = average salary / 12 / 29.3

Vacation pay is calculated using the following formula:

vacation pay = average earnings per day x number of vacation days

Many argue that this calculation option has a negative impact on employees, since it leads to a decrease in the amount of vacation pay.

However, there is also a positive nuance: according to representatives of the Ministry of Finance, this formula allows you to control a huge number of vacation pay, as well as those cases in which vacation falls on holidays.

In addition, the Ministry of Labor explained that the new rules have significantly simplified the calculation of vacation payments if an employee works part-time or has expressed a desire immediately after the end of the May holidays.

As you can see, calculating average earnings is not particularly difficult.

Weekends before vacation with a shift schedule

Important

St. Petersburg labor relations Experts Similar problems Viktoriya Kochetkova, expert HR manager Total experience more than 10 years 1. Conducting personnel audits, setting up personnel records from scratch, developing 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…. 5 problems 9085 solutions 6538 Irina Kirshina, expert lawyer (***) Total work experience - 10 years. Two higher educations in the following specialties: International Relations and Jurisprudence (NSUEiU). 5759 decisions 3 investigations 1821 Today in focus I work as a nurse with hazardous working conditions in the operating room, the employer wants to introduce home duty for us 2000-03-20 15:16:00, 15:16 Hit by a car, died in intensive care. Subscriber "KP" AND. Brednikhina, Mr. Moscow Please tell me how we should go on vacation if we work every other day or three. After the last 24 hours of duty, before vacation, is there one day of rest or three days off? For example, Monday – shift, Tue., Wed., Thurs. – exit, Friday – shift, Sat., Sun., Monday. – exit, Tue. – watch, Wed., Thu., Fri. – output, sub. – vacation or Monday – shift, Tue., Wed., Thurs. – exit, Friday – shift, Sat., Sun., Monday. – exit, Tue. - watch, Wed. – day off, Thursday – vacation. I’m very interested in how many days of rest are required before going on vacation after a full shift. Expert "KP" Yu.N. Strogovich, State Counselor of Justice 3rd class The procedure for exercising an employee’s right to annual paid leave is defined in Chapter 19 of the Labor Code of the Russian Federation.

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How to go on vacation correctly with a shift work schedule

Art. 120 of the Labor Code of the Russian Federation states that the period of paid leave must include the number of calendar days, and not holidays and non-working days.

Since December 21, I have been working in shifts 2 every 2 to 12 hours. vacation 2 weeks. When should I go to work? Do 2 days off before and after the shift count in these two weeks?

Will you go after the weekend, that is? from Monday.

So I’ll go after the weekend.” The Labor Code says that vacation is provided in calendar days.

Holidays on vacation: if it falls, how to count it, extension and transfer due to holidays

If a non-working holiday falls within the regular annual leave period, then there is no need to accrue vacation pay for it.

Such a day is not included in the vacation duration in accordance with the Labor Code of the Russian Federation. The rest time can either be extended or used at another time.

Are they included in the Labor Code of the Russian Federation?

Article 120 of the Labor Code gives a clear answer: non-working holidays are not included in the regular annual leave period.

This rule applies to both the main part of the working holiday and the additional one.

In general, the duration of such a period is calculated in calendar days. It includes calendar weekends (Saturday, Sunday), weekdays (Monday - Friday).

Is the vacation extended, if it does - rules for extension

Whether the vacation time is extended or postponed due to non-working holidays depends on how the employee’s application is written.

There can be two options:

The start date of the vacation period and its duration in calendar days are indicated - in this case, the vacation time is extended by the number of public holidays that fall within the vacation period. The employee goes to work later and the number of days indicated in the application is used.
The start and end dates of the vacation are indicated - in this case, the vacation is not extended, the employee uses a number of days equal to the rest period minus holidays. Vacation days that coincide with holidays may be postponed to another date.

The first option for writing an application will be more correct from a legal point of view.

An application for annual leave must be written if the organization does not have a T-7 schedule or vacation time must be obtained at a time different from that specified in the schedule.

If the company has drawn up a schedule in advance, then it indicates the date of going on vacation and the number of vacation days (calendar).

If a holiday falls during this period, the vacation is automatically extended.

To renew, you do not need to complete any additional documents.

The release date is calculated when placing a vacation order, the number of holidays that fall is taken into account, and the date of return to work is calculated.

If an employee writes an application, then in order to extend it, you need to make sure that the text does not indicate the end date of the vacation period. It is enough to enter the first day of rest and indicate its duration in calendar days.

Example

According to the schedule, an employee’s annual paid leave begins on November 1, 2020, and its duration is 14 calendar days.

In this case, the employee does not need to write a statement. When issuing an order, the personnel specialist must take into account that the holiday period falls on November 4, and extend the rest period.

The start date will be November 16, 2020.

Transfer procedure due to non-working holidays

There is no transfer as such.

If the employee indicates in the application the start and end date of the vacation, then the duration of the vacation used is calculated as the number of calendar days of rest minus holiday weekends.

Days that coincide with holidays can be used later by agreement with the manager.

In this case, you do not need to prepare any documents.

No application or transfer order is required.

Below is an example for explanations.

Example

The annual vacation duration is 28 calendar days. The organization does not create a vacation schedule. The employee writes an application for leave from November 1 to November 28.

In this case, the person must return to work on November 29. 27 vacation days were actually used.

One day for which the employee still has the right can be postponed to another period in agreement with management.

If an employee works in shifts, then holidays during vacation time also allow for an extension of rest time.

Holidays are not included in the vacation period in the same way as in a five-day work week.

In practice, often during shift work, in order to avoid confusion in the shift schedule, the start and end dates of the vacation period are clearly stated in advance for employees.

If a holiday falls at this time, the vacation day that coincides with it is postponed and can be used later.

Rescheduled non-working days

There is a certain list of official holidays that are considered non-working days.

If such a holiday falls on a calendar weekend, it must be transferred to the next working day.

Every year, the Government of the Russian Federation prepares a Resolution, which indicates which holidays are transferred and where. For 2020, there is Resolution No. 1163 dated October 1, 2018.

According to the Labor Code of the Russian Federation, non-working holidays that fall within the vacation period are not included in it. In this case, we are talking specifically about the holiday itself, and not about the day on which it was moved.

If during the holiday there is a day on which the vacation is postponed, but the holiday itself does not fall, then the vacation time is not extended.

Example

The employee's vacation begins on May 10, lasting 14 calendar days.

May 10 is a day off, as the holiday on February 23 in 2020 has been moved to it.

Since the holiday itself does not fall on February 23rd, vacation time cannot be extended. The person must return to work on May 24.

How to calculate vacation pay?

Vacation pay is accrued only for days of annual paid leave. Since non-working holidays are not included at this time, vacation pay is not accrued for them.

For Saturday and Sunday weekends, vacation pay is accrued according to the same scheme as for weekdays.

Each vacation day is paid in the amount of average earnings calculated based on income for the last 12 calendar months preceding the month the next vacation begins.

conclusions

Holidays are not included in vacation time. The annual holiday is either extended or postponed.

Vacation pay is not accrued for non-working holidays.

Weekends before vacation with a shift schedule

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MoscowMoscow region Murmansk region Nenets auto. Okr. Nizhny Novgorod region Novgorod region, Novosibirsk region, Orenburg region, Oryolovsk region, Penpersky region of the Kraiperman region of the Kraipsk region. Rostov region, Samara region, Sank-Petersaratov region (Yakutia) response .

Sverdlovsk Region Sevastopolseye Ossetia-Alania Rep. Smolensk region. Stavropolskoye region of Tatarstan, responal region of the Tom Tulskiy Region Veteleskaya region of the Udmurt Republic of Ulyanovsk region of the Khanty-Mansi Auto. okr. If according to your (officially drawn up and approved) schedule, August 1 and 2 are days off, then according to the schedule you must go to work on August 3, otherwise the workload on your shift will change - there will be shortcomings or overtime.

I have similar work experience, albeit on a different schedule, but still rotating, in 3-5 shifts, respectively, with 2-4 shift workers. We did this - we drew up a duty schedule for the whole year, noted our vacations in it, signed it with our immediate supervisor, approved it with the main boss and submitted it to the personnel department.