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Article 112 of the Labor Code of the Russian Federation. How to calculate vacation if it falls on holidays? Vacation at your own expense, additional and study leave on holidays

Non-working holidays in the Russian Federation are:

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local normative act adopted taking into account the opinion of the elected body of the primary trade union organization, employment contract. Amounts of expenses for the payment of additional remuneration for non-working holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not grounds for a reduction wages employees receiving a salary (official salary).

For the purpose rational use For employees on weekends and non-working holidays, days off may be transferred to other days federal law or normative legal act Government of the Russian Federation. At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the corresponding date. calendar year. The adoption of normative legal acts of the Government of the Russian Federation on the transfer of days off to other days during the calendar year is permitted subject to official publication of these acts no later than two months before calendar date established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorial dates, no work is performed on non-working holidays.

2. Attracting employees to work on non-working holidays is possible with the payment of additional remuneration in the amount and manner determined by this article, and only in exceptional cases (see commentary to Article 113 of the Labor Code of the Russian Federation).

3. The transfer of weekends and non-working holidays to other days is carried out in the manner established by the Government of the Russian Federation.

Second commentary to Article 112 of the Labor Code

1. Except for parts 1 and 2 of Art. 112 has been radically changed. Its new edition provides details regarding remuneration for work on non-working holidays, the procedure for determining its size, attributing these payments to labor costs, and the procedure for transferring days off if they coincide with non-working holidays.

2. The coincidence of a non-working holiday with a day off entails the transfer of the day off to the next working day after the holiday. Resolutions of the Government of the Russian Federation, which, as a rule, are adopted for the next calendar year, contribute to a uniform solution to the issue of postponing weekends.

Article 112 provides that the transfer of days off to other days due to the coincidence of non-working holidays is carried out for the purpose of rational use of these days by employees.

The commented article now provides that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. The adoption of regulations on the transfer of days off to other days during the calendar year is not excluded. It is permitted subject to the official publication of these acts no later than two months before the calendar date of the established day off. This rule will allow employees, members of their families and other citizens to plan and organize the use of free time on such days in advance.

3. The above rule for transferring days off is applied in organizations where work is not carried out on these days.

If the work and rest regime in an organization provides for work on holidays (in continuously operating industries, in organizations associated with daily services to the population, etc.), then weekends are not transferred (see Explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 3).

4. In continuously operating organizations, as well as in the case of cumulative accounting of working time, work on holidays is included in the monthly standard of working time (see paragraph 1 of the Explanation of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions of August 8, 1966 N 13/P-21 // Bulletin State Labor Committee of the USSR. 1966. N 10) (in accordance with Part 1 of Article 423 of the Labor Code of the Russian Federation, legal acts of the USSR are applied insofar as they do not contradict the Labor Code).

5. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on non-working holidays is, as a rule, prohibited. Exceptions to this rule are contained in the same article.

Due to the need to serve the population, they establish, for example, store opening hours on holidays.

6. In Russia, where the population adheres to various religions, the establishment of the Orthodox holiday - the Nativity of Christ - led to the need to secure the right of adherents of other religions to also have their own holidays. Moreover, it guarantees freedom of religion, including the right to profess, individually or together with others, any religion. The legislation does not and cannot have any obstacles to the exercise of this right: corresponding non-working days can be established by the constituent entities of the Russian Federation in connection with holidays characteristic of other religions.

At the same time, it seems that the issue of non-working holidays introduced for religious reasons should be resolved at the level of federal law.

7. In addition to holidays, non-working days, Russia also has holidays that are not associated with the mandatory release of workers from work. These are, first of all, numerous professional holidays. List of holidays, professional holidays and memorable days, celebrated in the Russian Federation in 2004, was published in the Bulletin of the Ministry of Labor of the Russian Federation (see Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 10. P. 52; 2005. N 7. Art. 560).

The procedure for considering proposals from federal bodies executive branch on the establishment of professional holidays and memorable days was approved by Decree of the Government of the Russian Federation of March 16, 2000 N 225 (SZ RF. 2000. N 12. Art. 1299; 2005. N 7. Art. 560). In accordance with it, proposals to establish professional holidays are submitted to the Government of the Russian Federation, taking into account consultations with all-Russian associations of employers, all-Russian associations of trade unions (Part 4 of Article 3 of the said Resolution).

Exemption from work on such days is often provided for in industry agreements and collective agreements.

8. Part 3 of Art. 112 for the first time provides for payment for non-working holidays not only for employees receiving wages on the basis of a fixed salary ( official salary), the size of which was not and is not affected by non-working days during the paid period, but also for those whose wages are based on actual output and labor costs. The inability to work on statutory non-working holidays (and work on these days is usually prohibited - see Article 113) reduces their wages. Which is unfair in comparison with those whose work is paid on the basis of salaries (official salaries) and for whom the presence of non-working holidays in a calendar month is not grounds for a reduction in wages (see Part 4 of Article 112).

New edition of Part 3 of Art. 112 provides that employees, with the exception of employees receiving a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for its payment is determined by the collective agreement or agreement. These issues can be resolved by a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization (see Article 372). These issues can also be resolved in the employment contract. Apparently, with the help of an employment contract (i.e., individually), these issues can be resolved in the absence of corresponding norms in a collective agreement, agreement, or local regulatory act.

How to correctly take into account holidays, according to Article 112 of the Labor Code of the Russian Federation, and correctly draw up vacation and work schedules taking these days into account - read the article.

From the article you will learn:

Article 112 of the Labor Code of the Russian Federation contains full list non-working holidays. Holidays on mandatory valid throughout Russia are listed in Part 1 of this article. According to its provisions, officially established holidays and, therefore, non-working holidays in Russia are:

  • New Year holidays falling on January 1, 2, 3, 4, 5, 6 and 8;
  • Christmas - January 7;
  • Defender of the Fatherland Day - February 23;
  • International Women's Day - March 8;
  • Spring and Labor Day - May 1;
  • Victory Day - May 9;
  • Russia Day - June 12;
  • National Unity Day - November 4.

How are holidays that coincide with a regular day off handled?

If a non-working holiday falls on a regular day off, then the day off is transferred to the working day following the holiday. However, legislators have established an exception for this rule: weekends falling on public holidays listed in paragraphs 2 and 3 of part 1 of Art. 112 of the Labor Code of the Russian Federation (New Year holidays and Christmas).

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In order to rationally use non-working days weekend may be postponed to other days by a separate regulatory legal act of the Government or federal law. The relevant document must be officially published no later than a month before the calendar year to which it relates.

If the calendar year has already begun, during it the adoption of similar regulatory legal acts of the Government of the Russian Federation on the transfer weekend on other days it is also possible. But for this, the condition of their official publication must be met no later than two months before the calendar date of the established day off. More information about the transfer of holidays, according to the Labor Code of the Russian Federation, indicating the relevant laws and regulations, can be read in .

Is it necessary to extend employees' annual leave for a regional holiday?

Article 112 of the Labor Code of the Russian Federation contains a complete list of non-working holidays for both 2017 and 2018, mandatory for the entire country. However, the law grants the right to the constituent entities of Russia to establish, by appropriate regulations, additional non-working holidays not mentioned in Art. 112 Labor Code of the Russian Federation.

State authorities in a separate entity have the right to declare some regional holidays as non-working days in the following cases:

  1. the holiday has a religious focus;
  2. a corresponding request was received from religious organization;
  3. the decision was made government agency subject.

For example, in the Chuvash Republic, a separate act declared June 24 a holiday throughout the entire subject of the Russian Federation - the Day of the Republic of Chuvashia, which is not included in Art. 112 Labor Code of the Russian Federation.

By general rule in this case it is necessary to renew the annual vacation employees, unless the law of the subject provides for a different procedure. Similar clarifications are contained in the letter of Rostrud dated September 12, 2013 No. 697-6-1.

Is it permissible to indicate in a local act for an enterprise that employees are only given time off for working on a holiday?

Labor Code of the Russian Federation in Art. 112 directly states that the employer, as a general rule, must compensate for work in weekend and non-working holidays are primarily an additional payment. The amount and procedure for payment of the specified remuneration is determined:

  • collective agreement;
  • employment contract;
  • a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization;
  • agreements between the parties to the social partnership.

Pay attention! Expenses for the payment of remuneration for non-working holidays are included in full as labor costs.

If the employee himself expresses his desire, work on holidays can be compensated by time off. However, in this case, keep in mind that the employee is given a full day of rest, regardless of the number of hours actually worked. day off or a public holiday.

Thus, the employer has no right to local act The enterprise must establish a provision that employees are only given time off for working on a holiday.

How is time off granted for working on a holiday reflected in an employee’s salary?

Article 112 of the Labor Code of the Russian Federation establishes the procedure for compensating an employee for work on a holiday in the form of additional payment. However, the employee may, if he wishes, replace it with time off.

Instead of increased pay, the employee may be given another day of rest if desired. In this case, work on a non-working day is paid in a single amount, and a day of rest is not subject to payment. This means that for a salaried employee, if he uses a day of rest as compensation, his salary is not reduced. It does not take into account whether the employee uses a day of rest in the current month or in subsequent months.

Thus, time off granted for work on a holiday should be excluded from the standard for recording working time. IN report card this day is designated as a day off by the code “B” or digital “26” when used unified forms No. T-12 or No. T-13.

Important! Employees working on a piece-rate basis must be paid extra for non-working holidays when they were not involved in work.

On what date should an employee be dismissed if the dismissal coincided with holidays?

Receiving a resignation letter from an employee on the eve of the holidays often becomes a problem for a personnel officer. After all, according to the Labor Code of the Russian Federation, the date of dismissal may fall on holidays, and the employee may fundamentally not want to postpone it.

If the last day of any period falls on a non-working day, then its end is postponed to the next working day (Article 14 of the Labor Code of the Russian Federation). It is possible to reschedule a dismissal date that falls on a holiday or weekend only if that day is not a working day for the employee. In practice, this situation is resolved as follows. If the day of dismissal is a non-working day for both the personnel officer and the employee, then the date of dismissal can be postponed to the next working day. The courts agree with this in case of dismissal due to fixed-term contract and staff reduction. This rule can also be extended to voluntary dismissal.

At the same time, the day of dismissal is the last day of work. As a result, it may turn out that the employee needs to be fired on the HR officer’s day off. At the same time, this day will be a working day for the employee. This often happens when an employee works on a sliding or shift schedule. If the day for the person being fired is a working day, then in order to formalize the dismissal, an employee of the HR department is brought to work on a holiday. As a more convenient option, they agree with the employee to postpone the date of dismissal.

NIs it possible to pay sick leave benefits if an employee is sick on holidays?

IN general case sick leave benefit paid for all calendar days of illness. At the same time, non-working holidays under Article 112 of the Labor Code do not need to be excluded from calendar days of illness, since they do not belong to excluded periods for which benefits are not paid.

Important! If sick days coincide with non-working days, then sick leave benefits must be paid for them in general procedure. This provision follows from Part 8 of Article 6, Part 1 of Article 9 of the Law of December 29, 2006 No. 255-FZ.

It is important for the personnel officer to take into account that labor legislation in general, guarantees the preservation of the level of remuneration for personnel not working on holidays. Any exceptions to general rule must be legally justified.

ST 112 Labor Code of the Russian Federation.

Non-working holidays in the Russian Federation are:

  • 1, 2, 3, 4, 5, 6 And January 8- New Year holidays;
  • January 7- Christmas;
  • February 23- Defender of the Fatherland Day;
  • March 8- International Women's Day;
  • May 1- Spring and Labor Day;
  • May 9- Victory Day;
  • June 12- Russia Day;
  • November 4- Day of National Unity.

If a day off coincides with a non-working holiday, the day off is transferred to
the next working day after a holiday, with the exception of weekends coinciding with
non-working holidays specified in paragraphs two and three of part one of this
articles. The Government of the Russian Federation is postponing two days off from the number of days off
coinciding with non-working holidays specified in paragraphs two and three of part
first of this article, on other days in the next calendar year in the manner established
part five of this article.

Employees, with the exception of employees receiving a salary (official salary),
for non-working holidays on which they were not involved in work, they are paid
additional reward. The amount and procedure for payment of the specified remuneration
determined by a collective agreement, agreements, local regulations,
adopted taking into account the opinion of the elected body of the primary trade union organization,
employment contract. Amounts of expenses for payment of additional remuneration for non-working
Holidays are included in the full amount of labor costs.

The presence of non-working holidays in a calendar month is not a basis for
reduction of wages for employees receiving a salary (official salary).

For the purpose of rational use by employees of weekends and non-working holidays
days off days may be transferred to other days by federal law or regulation
legal act of the Government of the Russian Federation. At the same time, the normative legal act
Government of the Russian Federation on the transfer of days off to other days in the next
calendar year is subject to official publication no later than one month before
the corresponding calendar year. Adoption of regulatory legal acts of the Government
Russian Federation on the transfer of days off to other days during the calendar year
permitted subject to the official publication of these acts no later than two
months before the calendar date of the established day off.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Part 1 of the commented article establishes all-Russian non-working holidays. Taking into account the division of powers between federal authorities state power and government bodies of the constituent entities of the Russian Federation in the field labor relations and other directly related relations, subjects of the Russian Federation have the right to establish additional non-working holidays, in addition to those established by Part 1 of the commented Article 112 of the Labor Code of the Russian Federation. It has special meaning in a multinational and multi-religious state, which is the Russian Federation. Replacing certain non-working holidays provided for by federal law with other days would be contrary to the Labor Code of the Russian Federation (see also the commentary to it).

2. In accordance with parts 3 and 4 of the commented article, non-working holidays are subject to payment. For employees whose remuneration system provides for monthly payment of salary (official salary), if there are non-working holidays in a calendar month, the amount of wages for that month is not reduced. Under other remuneration systems, for non-working holidays on which employees were not involved in work, they are paid additional remuneration. The procedure for establishing the amount of remuneration is specified in Part 4 of the commented Article 112 of the Labor Code of the Russian Federation.