Is there a holiday on holiday? Clarifications of lawyers

Employees sometimes face a problem regarding their well-deserved rest. You can formulate it like this: Does the holiday include a holiday? The question is quite simple, but it requires clarification. Confusion is associated with the misunderstanding of the wording itself.

Let's see if the holidays are included in the calculation of vacation, in order to save yourself from anxiety, and the personnel officers from unnecessary fuss.

The legislative framework

Everything related to the relationship between the administration and the employee is described in the Labor Code. And to begin to find out whether a holiday is a holiday, it follows from this document. We need two articles: 120 and 112.

The first describes the procedure for calculating vacation days. Point 1 of this article clearly indicates the inadmissibility of including days recognized as festive, in the general period of rest. The second of these points of law gives us an explanation of what dates are involved.

However, the legislative base is not exhausted. Other subjects may be established in the constituent entities of the Russian Federation. To understand how to deal with them, it is necessary to study the relevant documents. They describe the status of the date, that is, whether it is a day off.

Sometimes the collective of the enterprise in consultation with the administration supplements this list. This fact is necessarily reflected in the contract. That is, you should look into the local documents. By the way, the employee information about whether the holiday is a holiday is only needed for reference. But more about this later.

What dates are you talking about?

People like to rest, there is nothing wrong with this. And, intending to write an application or choosing a date for inclusion in the schedule, employees with experience guess at the holidays. Why do they do this? We explain the youth: this is a way to increase the total number of days of absence in the workplace. That is, due to certain dates, vacation increases. We are talking about those holidays, which are reflected in Article 112 of the TC. There are listed all the holidays that are not included in the rest period:

• New Year and Christmas days (from 1st to 8th of January);
• Defender of the Fatherland Day (23 February);
• March 8;
• May 1 (Holiday of Spring and Labor) ;
• Day of the Great Victory (May 9);
• 12 June and 4 November.

Tip: try to guess your vacation for them. Then you will get a longer period of rest.

How vacation is considered

Let's look at an example. In order to make it clear exactly whether the holidays are on holiday (2016), it is necessary to see how this happens in practice. Suppose, according to the schedule, the employee is supposed to start rest from June 9. The duration of the period is 28 days. We look at the dates given: June 12 is a holiday. For simplicity, the personnel officer, counting the period, will miss this date. That is, it will slip on June 12, will not include it in the total number of days. The rest will recount and receive that it is necessary to go to work on July 8th.

If the Day of Russia were not celebrated in the mentioned period, the date of entering into their labor duties would be on the 7th. What should the worker do in this case? How to identify your awareness? Often asked: Do you need to specify holidays in the application or something like that? Let's understand further.

Registration of documents and calculations

We have already indicated, to know whether a holiday is a holiday, workers are only for general development and little control. To fulfill the TC in this respect is the direct responsibility of the administration. This will be asked from the personnel officer and accountant why human rights are violated. That is, the specialist, having received your application, must take into account all the nuances of the calculation of both the period and the amount due.

The employee is concerned only in the sense that he will be able to walk longer. He can also independently monitor the efficiency and law-abidance of the personnel officer. No additional paperwork is required.

The specialist must reflect the failure to include the holiday in the order. In the official disposal of the management, two dates are indicated: the beginning and end of the rest period. A person is required to leave for service the next day. And when calculating the personnel officer takes into account the articles of the TC. Go to him to understand is only if there was an error. He does not want to correct - only then should he resent, naturally, culturally and according to all the rules. But more about this later.

Is there a holiday on June 12?

The simplest question is from those that arise when considering this topic. To remember the answer, it is suggested to refer again to the 112th article. It clearly and unambiguously lists the holidays, not included in the rest period. And June 12 is one of them. Consequently, literacy people should not have such questions.

According to the legislation of the Russian Federation, the date is a day off, it is not included in the rest period and is celebrated with mass events. If the administration thinks differently, then these people are violators. Write a complaint to the labor inspectorate.

Are holidays on New Year's holidays?

This is more complicated. First, look at the above article. There are the exact dates of the holidays. And nothing to invent is not necessary. Legislation strictly and unequivocally speaks about the order of non-inclusion in leave. The employee should only apply. The paper indicates the type of leave, the date of its beginning. The rest is a matter of the personnel officer.

The specialist will calculate when the rest should end, in strict accordance with the TC. That is, he will miss the whole eight days of holidays. It turns out that the vacation will be quite long. It should be warned that this does not affect the amount of payments.

Vacation

The annual holiday has two advantages. Firstly, it is an opportunity not to go on bothersome service. Secondly, getting vacation cards, that is, money that you do not get paid for.

The meaning of the question - whether the holiday is a regular holiday - is often associated with money. Charges are made by a special formula, which takes into account the average earnings for the year and the number of days of rest. The last indicator is the subject of a dispute between an employee and an accountant. Especially when it comes to New Year holidays.

Rights, of course, a competent specialist who studied TC. Article 120 says, let us repeat, the non-inclusion of holidays during the rest period. And this means that they are not taken into account. In the first example, the accountant will begin to charge money for 28 days of leave, although in fact the person will walk longer (29). The law exists for everyone, no matter how much we want to get more, but work less.

Other explanations

Article 120 refers to basic and additional leave. This means that in any paid period of rest does not include official holidays. No statements on this issue should not be submitted. Once it is written in the legislation, it means that the administration of the enterprise is obliged to execute it. Regardless of the type of leave, the personnel officer will miss this date when calculating. But do not extend this provision to an unpaid vacation. Since the 120th article clearly describes those holidays to which its rules apply. Only paid periods are indicated there.

If you notice errors in the calculations, you should tell them about the manual. For this, there is a special form of the document: a memorandum. This paper is written in the name of the head. It indicates the essence of the problem, specific claims. But to begin with, it is advisable to speak with the personnel officer. Perhaps a person was just mistaken. And this is corrected in a simple way: by changing the text of the order. In the most difficult cases it is recommended to apply to the labor inspectorate. This organization is called upon to protect workers' rights.