What is the annual vacation and vacation schedule

Labor legislation guarantees all working citizens a certain period of rest from everyday service. The total duration of vacation is 28 days, which can be used by parts during the year. In addition, some categories of workers are eligible for additional days of rest, and for them, the holiday period may be longer than for most workers (for example, 54 days of vacation for teachers).

The order, in accordance with which employees alternately go on vacation, is determined in advance by coordination between employees and employer of the recreation dates in the vacation schedule. The vacation schedule is compiled and is approved no later than 14 days before the occurrence of the year under discussion.

The selling period is paid by the employer in the amount of the average salary of the employee over the past year. The payment must be fully listed no later than 3 days before the start of the vacation period.

When to go to work, if the vacation falls on a festive day

Based on Art. 120 Labor Code of the Russian Federation, the length of leave is considered in calendar days, with the non-working days of public holidays that coincide with the vacation period are not counted among the days of vacation. This means that if the vacation coincided with the public holiday, when the entire population of the country is also resting, then to comply with labor guarantees, vacation is prolonged by the number of days of the holiday.

Non-working holidays are listed in Art. 112 TK RF and include:

Do not know your rights?

• new Year's holidays - from 1 to 6 and 8 January;
• Christmas - January 7;
• March 8;
• The 1 of May;
• Victory Day - May 9;
• Russian Day - June 12;
• Day of People's Unity - November 4th.

In addition, if the festive day established by the legislatively non-working day coincides with the day off (Saturday or Sunday), then a legitimate day of rest is shifted to the next day after a festive day. The retreat from this rule is the weekend between the New Year holidays and Merry Christmas. These Sabbath and Sundays by decision of the Russian government are transferred to other days of the year. A regulatory document on the postponement of the weekend should be presented to the visits of citizens no later than December 1 of the previous year.

Example: The worker decided to take a vacation from April 20, 2019 for 2 weeks. The total time of rest will increase by 1 day (in connection with May 1); The day of employment will be on May 5, 2019.

What is a production calendar

The document in which all labor, festive and weekends is included, including the offset of the weekend, is the production calendar. In addition, the production calendar contains calculation of working time standards per year in days and hours.

When drawing up vacation schedules and counting the day of the end of the holidays, it is advisable to use this, undoubtedly a useful document, since it allocated non-working holidays (that is, those days that are not counted as a vacation), which greatly facilitates counting.

How paid vacation, including a festive day

Due to the fact that annual leave is not only mandatory, but also paid, as a rule, the question arises: how will holidays will be paid, which includes holidays and extended to their number.

Since a festive day, which fell for a vacation period, is still not a holiday, then only those days of rest, which are put by the employee under the law and schedule of vacations are subject to payment.

This means, for example, that, despite the fact that the vacation from April 20, 2019 will be extended for 1 day due to the holiday and its duration will be actually 15 days, the holidays will be calculated and paid for 14 calendar days.

A feature of the calculation of vacation days in January is the presence of days of festive days for ordinary weekends. In January 2019 there are nuances when calculating holidays. As an accountant to count the days of vacation in January 2019 - read in the article.

Official days of holidays in January 2019

In December 2019, at the end of the month there will be a working Saturday on December 29th. This day was postponed on Monday on December 31, so as not to break the weekends and holidays. These days are among the days of vacation, so the vacations for them are accrued.

Next comes the New Year holidays from January 1 to January 8, of which the periods from January 1 to 6 and 8 are considered to be a New Year holidays, and on January 7 is a Christmas day. These days are all festive, they are among the days of vacation. Vacations for these days are not accrued.

No postured days for January 2019 did not fall. Accordingly, these festive days the duration of the vacation does not increase and are not paid.

How to count the days of vacation for January, if some of them fall on New Year's holidays?

According to Article 120 of the Labor Code of the Russian Federation, official holidays on vacation are not included and not paid. Moreover, it doesn't matter what graphics work is a staff member. Even if it works not on a five-day and official holiday could be his working day, if not vacation, still in paid holiday days, the official holiday day is not included.

For example, if the employee takes a vacation from December 27 to January 10, 2019, then vacation will be paid only for the period from 27 to 31 December and for the period from 9 to 10 January (5 days in December and 2 days in January, total 7). And the holidays from January 1 to January 8 will not go into account. At the same time, the employee spends only 7 days out of 28, laid per year. And other days will not be included in the annual days of vacation.

Article 120 of the Labor Code of the Russian Federation. Calculation of the duration of annual paid vacations):

The duration of the annual basic and additional paid vacations of workers is calculated in calendar days and the maximum limit is not limited. Non-working holidays, held for the period of the annual main or annual additional charged holiday, are not included in the number of calendar days of vacation.

Non-working holidays in Russia are:

1, 2nd, 3, 4, 5, 6 and 8 January - New Year holidays
January 7 - Christmas of Christ

Days from January 1 to January 8 are not included in vacation calculation. Therefore, we take a holiday with the inclusion of New Year's holidays most often very unprofitable. True, even more unprofitable to take leave in the middle or late January. Consider on the example.

Example of calculating holidays in January 2019

The employee is on vacation from 01/01/2018 to 11.01.2019. Its average earnings for the calculation of the vacation pay is 1,600 rubles. The salary is 47,000 rubles.

In January, 31 days, there are 17 workers, and 14 weekends and festive.

The duration of vacation at the specified dates is only 3 days (9, 10 and 11). So, he will receive the holidays 1 600 * 3 \u003d 4 800 rubles.

At the same time, the salary will be 47,000 / 17 x 14 \u003d 38 705.88 rubles.

Here 17 - the number of working days in January, 14 - the number of actually spent days in January.

Total income will turn out only 4 800 + 38 705.88 \u003d 43,505,88 rub.

For comparison, if the vacation period is shifted for a month, i.e., take the same 11 calendar days, but from February 1 to 11, then the income will be completely different. Vacations have already prepared 1 600 * 11 \u003d 17 600 rubles. Salary will be 47,000 / 19 * 12 \u003d 29 684,21 rubles. And the total income for February, respectively - 47,284,21 rubles.

How to consider payment for the days spent in January?

Oboek days in January 2019 17. Accordingly, in order to obtain the amount of wages for the five-day workers, the amount of the salary is necessary to divide on 17 and multiply by the amount of actually spent after the release of days from vacation.

As mentioned above, take leave in mid-January even more unfavorable than at the beginning. For example, you can again take the period of vacation at 11 days, but from January 15 to 25. Other conditions Let us leave the same: Middle Earnings 1 600 rubles. and salary 47 000 rubles.

Vacations will be 11 * 1 600 \u003d 17 600 rubles. In this case, all days of vacation are paid. But only 8 remains spent days. The salary will be 47,000 / 17 * 8 \u003d 22 117.64 rubles. All income in January will be equal to 17 600 + 22 117.64 \u003d 39 717.65 rub. In comparison with any of the above amounts, this income is the smallest. That is why it is not recommended to take a vacation in January.

As for the New Year holidays, in January, in January, the following holidays are as follows:

• 1, 2, 3, 4, 5, 6 and 8 - New Year holidays;
• 7 - Christmas of Christ.

If any festive day falls on the weekend, then it is transferred to the next business day after the holiday. For a more rational allocation of working time and weekend, the Russian government can carry the weekend for other days of the calendar year. In January 2019, by Decree of the Government of the Russian Federation of 01.10.2018 No. 1163, weekends were postponed from Saturdays on January 5 to Thursday May 2 and from Sunday January 6 on Friday May 3.

As a general rule, labor activity on holidays in Russia is prohibited ( art. 113 TC RF), except for the following cases:

• prevention and elimination of emergency consequences;
• the impossibility of suspension of the production cycle;
• performance of work related to the need to service the population (for example, public transport or utilities).

And if you are lucky and to work, for example, by replaceable graphics in the store, when others relaxed, payment will be made in an increased amount or such work will be compensated for additional holidays. About this below.

Payment working days on schedule

In the first month of the year, we have to work only 17 days. Often the question arises: how to pay New Year's holidays in 2019, the number of working days is completely small. Despite the fact that we will work in January in January, the salary should be charged completely. If the employee is in the salary and worked out all working days, the payment must be fully made. It follows from the same articles 112 TK RF. The presence in the calendar month of non-working holidays is not a reason to reduce wages to employees receiving salary. For all other workers (partners working on the clock, etc.), which during these New Year's days were not attracted to work, for non-working holidays, they pay an additional remuneration, the size of which is determined by the inner LNA.

Who can not be attracted to work in the New Year holidays

• disabled;
• mother and fathers raising without spouse (spouses), as well as guardians of children under five;
• women with children under the age of three;
• parents and guardians of disabled children;
• workers who care for a sick family member for medical conclusion.

To attract them to work, it is necessary not only to receive written consent, but also make sure that such work they are not prohibited in medical conclusion for health.

How to pay New Year's holidays 2019 with a shift schedule

In some enterprises, the production cycle cannot be stopped even on holidays. As a rule, a shift schedule has been established in such companies. To work on holidays in this case, no additional orders or orders to issue needed. All days of work and recreation of such employees are established in the production schedule.

With a changeable chart, if the working day of the shift falls on the official day off, its payment must be made at least double the rate from the tariff rate ( art. 153 TC RF). The specific amount of payment for such employees can be established in a collective or labor contract or other local regulatory act of the company, but it cannot be less than the labor code established.

How do holidays pay in January 2019 in Russia when attracting overtime

In the event that the performance of official duties in the New Year holidays will be held for an employee overtime, payment procedure is also subject to the rules articles 153 TK RF. That is, it is made at least in the amount of a double tariff rate. Payment of New Year's holidays under the Law of the Russian Federation 2019 is not taken into account when determining the duration of overtime, payable in an increased amount, in accordance with art. 152 TK RF..

In order for the festive days to be made correctly in January 2019, it is necessary to correctly make an attraction of the employee to work. To do this, it is necessary to obtain the consent of the personnel, to publish the order of the manager, with whom they should be familiar with the subordinates attracted to work. The order needs to bring the reasons for the need to work in the New Year holidays, as well as a list of persons who will work on a festive day. If an employee who expressed consent to work on holidays, will not go to work, a disciplinary penalty can be applied to it.

Express your opinion on the article or ask the question to experts to get the answer

How to calculate vacation days

We all know that on holidays (red days of the calendar) should not have vacation. Therefore, counting days of vacation, through The 1 of May and 9th May We "jump over." And here is the day on May 8, which is not a festive, but has become a weekend as a result of the transfer of the January weekend, we will turn on the day of vacation. About this reminds us of Rostrud in recommendations from 02.06.2014. №1.

Example
Worker Vasin N.N. Going on vacation from April 25, 2017 for 14 calendar days. Days of vacation will come on 25, 26, 27, 28, 29, April 30, 2, 3, 4, 5, 6, 7, 8, 10 May. To work Vasin on May 11th. In the tablet on the specified days, we will put the code "from" - Annual leave, and on May 1 and 9 - "in" -Viga.

In the same way, we calculate the days of vacation to the employee who works on schedule, and his work shifts fell on May 1 or on May 9. When counting days of vacation, we still "jump over", we will not take into account.

Please note that the "Red Dates" can be installed in the regions. When counting days of vacation, you need to jump over and through them.

How to specify a vacation period in the order

Many cause a perplexity of the situation when the order has to indicate a greater period than the number of vacation days.

In the period from April 25 to May 10, real 16 calendar days, but in this period only 14 days will come on vacation. And this is normal, there is nothing strange or wrong.

Vacation begins on a festive day

Is it possible to go on vacation with 1st? Why not? Legislation does not contain a ban to grant leave from a festive day.

Example
Sergeyev V.V. Granted annual leave from May 1 to 28 calendar days. Send 28 days, missing March 1 and 9. To work Sergeyev on May 31.
The order will stand the vacation period from May 1 to May 30 (ie, the worker actually rests 30 days), and the number of days of vacation in this period is only 28 due to holidays.

If the worker fell ill during vacation

And this situation always causes difficulties. How many days to renew holidays? Do holidays? Or only on the number of days of vacation?
We must admit that I myself sometimes confuse. But the accountant always corrects me, so let's remember together:
Vacation extend on all days of illness, including holidays.
And FSS is not against such a practice, because he himself explained this situation in the letter dated 05.06.2007. № 02-13 / 07-4830.

Example.
Suppose, Vasin N.N., who went on vacation on April 25, fell ill on April 28 (necessarily fell ill, and did not take a hospital care for the child). The disability sheet is closed on May 10. The employee announced his illness to the employer and expressed a desire to extend his vacation. In this case, vacation is prolonged by 13 calendar days. It was so much that he drove (the period from April 28 to May 10). Now Vasin N.N. Only on May 24 will come to work.

When is it profitable to take a vacation?

It is most profitable to take an annual vacation in that month, in which many working days. In May, because of the holidays and transfer of the weekend working days a little. Therefore, going on vacation in May is not so profitable as, for example, in August.
Let's see how an accountant considers your salary and vacation.

Suppose your salary is 30,000 rubles. In May 20 working days, and the day rate this month is 30,000 rubles. : 20 \u003d 1 500 rubles. In August working days 23, the day rate, respectively, is 30,000 rubles. : 23 \u003d 1 304.35 rubles.

If you went on vacation in May, then working days worth 1500 rubles. Replaced with vacations (average earnings are calculated for 12 months), which will be below the day rate. If you have a vacation in August, then working days replaced by holidays will be more "cheap", and the working days after the holiday will remain more.

What to do an employee if vacation falls on New Year's holidays in 2019? Can he count on monetary compensation or its extension? What legislation is the procedure for appointing and adding days, other issues related to annual recreation?

Winter holidays for adults

Usually last 9-10 days - from December 30 to January 8 inclusive. If 30 or 8 numbers fall out on Saturday or Sunday, the vacation duration increases. For such cases there is a separate procedure, which will be discussed below.

The exact schedule of the January weekend will be made public closer towards the end of 2018 - after the Government of the Russian Federation approves. According to the experience of previous years, in January 17 business days.

Legislation

The provision of annual paid vacation by workers is regulated by the Labor Code of the Russian Federation, namely Articles 115, 120:

• In art. 115 TC is defined that it is considered in the calendar, and not in working days. The same order is valid when providing an additional vacation period.
• In art. 120 TC It is said that weekly weekends are taken into account as calendar days. The exceptions make up official holidays.

Extension and transfer

According to the law of Saturday and Sunday, considered calendar days, do not give grounds for the provision of additional days to legal rest. For officially established holidays that coincide with this period, there is a different rule.

If the vacation fell to the New Year holidays of 2019, it is extended on the number of days equal to the number of holidays.

Important! If the employee's paid vacation begins from 01/01/2019, it will not be released on work 15.01, and 23.01, because 8 festive days are added to 14 legal days. TOTAL - 22 days.

Dates are shifted every year - 1 and 7 January once every 6 years fall out for the weekend. In this case, the transfer decision takes the government, adding 2 days to the May vacation. Other transfer options are possible.

Employees of enterprises planning to rest on May should not count on the increase of several days. The transfer of the weekend from winter to spring does not affect its duration, since it is not provided by law.

Payment

An enterprise on which the employee is listed must pay him money no later than 3 days before the date indicated in the application. In situations where vacation begins on January 1 to January 8, an employee receives money in December - no later than the last working day in the month. The added day (for holidays) is not charged, which is regulated by the Labor Code.

Important! If the employee rested from 01.01 to January 22, 2019, accounting will pay only 14 days. 8 festive - at your own expense.

Statement

Registration of the weekend coinciding with an annual recreation - in the competence of the personnel department and accounting department. Full-time employees submit a typical statement in which:

• vacation Type;
• duration;
• start date.

No need to write about extension or transfer.

Duration

In the federal law "On vacations" with changes in Art. Art. 45-46 It is said that their minimum duration for workers is 28 calendar days. In certain categories of citizens, it has been extended:

• In disabled people - 30 days.
• Civil service workers are 30 days.
• In teachers - 42-56 days.
• Workers harmful production (chemical, weapons) -49-56 days.

Workers and employees receive additional 1-10 days for long service. The right to vacation employees receive, worked for 6 months in the company, which is regulated by the Federal Law "On Holidays" and the letter of Rostrud N 5277-6-1 of 24.12.2007.

What do you need to know?

1. Employee vacation is provided every year.
2. Take advantage of the right defined Labor Code, employees can within the next year. At the end of the specified period, vacation "burns".
3. Legislation does not limit the maximum duration of paid rest.
4. For the period of rest behind the employee, a place and wages are preserved.
5. Advance leave do not give.

Important! The worker has the right to share legitimate leave into several parts, even for 2-3 days. Employers oppose such crushing, because it complicates the accrual of vacation pay and record wages, entails mistakes and fines. Administration and subordinates find a compromise option - division into 2 parts to 2 weeks.