Does the holiday include a holiday? Clarifications of lawyers
Workers sometimes face a problem,concerning 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 figure out whether the holidays are included in the calculation of vacation, in order to save themselves from anxiety, and the personnel officers from unnecessary fuss.
The legislative framework
All that is related to the relationship betweenadministration and 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 daysleave. Paragraph 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 the law gives us an explanation of what dates are involved.
However, the legislative base is not exhausted. Other subjects may be established in the subjects 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 agreement withthe 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 a holiday is included on holiday is only needed for reference. But more on that later.
What dates are you talking about?
People love to rest, there is nothing in itreprehensible. 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 accurately tell if holidays are included in the rental (2016), one must look at how this works 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 recalculate and get that to go to work a man must July 8.
If in the mentioned period there was no DayRussia, the date of entry into their labor duties would be on the 7th. What should the worker do in this case? How to identify your awareness? Often asked: does it 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 the holiday is includedholiday, 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.
This concerns the worker only in the sense that heit will be possible to take a 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 non-inclusion of the holidayin the order. In the official disposal of the management, two dates are indicated: the beginning and end of the rest period. The person is obliged to leave for service the next day. And when counting, the personnel officer takes into account the TC articles. Go to him to understand only if there was an error. He does not want to correct - only then it is necessary to resent, naturally, culturally and according to all the rules. But more on that later.
Is there a holiday on June 12?
The simplest question is what happens whenconsideration of 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 named date -day off, during the rest period is not included and is marked by mass events. If the administration thinks otherwise, it means that 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 start. The rest is the work of the personnel officer.
The specialist will calculate when the rest shouldto finish, 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.
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 is whether the holiday is included in theanother vacation - 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's holidays.
Rights, of course, a competent specialist,who studied TC. Article 120 says, let us repeat, the non-inclusion of holidays in the period of rest. This means that in the calculation, they are not taken. In the first example, the accountant will 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 receive more, but work less.
Article 120 refers to the main and additionalholidays. 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 counting. But you should not extend this provision to unpaid vacation. Since the 120th article clearly describes the holidays to which its rules relate. Only paid periods are indicated there.
If you notice errors in the calculations, you shouldtell them about leadership. For this purpose, 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 talk 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.