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Holidays by law. Official holidays and weekends in Russia

Non-working holidays V Russian Federation are: January 1, 2, 3, 4, 5, 6 and 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 is National Unity Day. 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 of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, 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 regulatory 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 the official publication of these acts no later than two months before the calendar date of the established day off.

Legal advice under Art. 112 Labor Code of the Russian Federation

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    Vyacheslav Shipitsyn

    Hello! My name is Ich. I have a big question. If you can, please call 8(900). Thank you. I am waiting

    Alexey Nikishin

    • Question answered over the phone

    Gennady Gollandtsev

    Question related to official days off and work on holidays: 11:00 - 13:00

    • Question answered over the phone

    Sergey Belevitin

    If an employee with a shift work schedule goes on vacation from December 24, 2017 for 14 calendar days (working days are from 01/01/2018 to 01/08/2018), is the vacation extended?????

    • Question answered over the phone

    Anton Shamin

    The State Duma received bill 543819-5 On amendments to the bill, which is proposed. The State Duma received bill No. 543819-5 “On amendments to Articles 111 and 112 of the Labor Code of the Russian Federation,” which proposes to introduce an annual additional paid day off provided to the employee on his birthday, by reducing non-working holidays falling on the New Year holidays by one day. At the same time, the authors of the bill explain that the inability to not work on one’s birthday leads to the controversial practice of celebrating birthdays in the workplace and in work time, which negatively affects the efficiency of the entire team, and also causes an increase in industrial injuries. And what do you think? Will these changes happen or not?

    • Lawyer's answer:

      Will this day be postponed as a holiday if it falls on a weekend?)) What if the birthday falls on a national holiday? Probably in the State Duma and in the Labor Code there are no more serious problems that such nonsense is being proposed. How can you, with your employees, and even in Russia, not celebrate your birthday with at least a cake? So today they celebrate for one day, then later they will celebrate for two days. In general, the Labor Code is already full of gaps and collisions, they will add one more and 333 questions will appear for it, only there will be no clarifications and again each personnel officer will interpret everything in his own way!

    Valery Pishchulin

    Holidays in January. Please explain.

    • You are right, and let the girl read the Labor Code carefully. Article 112. Non-working holidays. "Non-working holidays in the Russian Federation are: January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays; January 7 - Christmas...

    Lidia Baranova

    I worked all New Year's holidays, paid as usual, 8 thousand rubles. nurse... Aren't holiday pay doubled?

    • Lawyer's answer:

      It’s strange, usually in government institutions everything is paid clearly. Holidays must be paid double, in accordance with Article 112 Labor Code In the Russian Federation, non-working holidays are: 1,2,3,4,5,6, January 8 - New Year holidays, January 7 - Christmas. Go to the accounting department and figure it out, show them this article from the Labor Code. If you worked these days, you are required to pay double for everything.

    Anatoly Romakhov

    I work in the penal system, the schedule is three days a day. I'm going on vacation in December. Question: Are all holidays in January not included in vacation?

    • Lawyer's answer:

      Art. 120 of the Labor Code states that: the duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave will not be included in the number of calendar days of leave. According to Article 112 of the Labor Code of the Russian Federation, non-working holidays in 2013 are: January 1-6, January 8 – New Year holidays (as amended. Federal Law dated 04/23/2012 No. 35-FZ), 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 – National Unity Day For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation, in accordance with Article 112 of the Labor Code, has the right to transfer weekends to other days. The Decree of the Government of the Russian Federation “On the transfer of days off in 2013” ​​provides for the transfer of days off: Saturday, January 5, to Thursday, May 2; Sunday January 6 to Friday May 3; Monday 25 February to Friday 10 May.

    Gennady Rodichev

    An employee often takes leave without pay. for long periods. how many times by law the employer can. should he sign such statements? He would be fired for this, but there’s no way.... can an employer even refuse an employee unpaid leave? (law of the Republic of Kazakhstan)

    • Lawyer's answer:

      The grounds for granting unpaid leave for up to 5 days are specified in Article 111 of the Labor Code of the Republic of Kazakhstan. Such grounds are: marriage registration; birth of a child; death of close relatives. Also, additional leaves without pay are provided to care for a child until he reaches the age of three years (RK): Another reason may be that an employee of the enterprise is studying in educational organizations without interruption from his main job (in correspondence, evening and distance learning ), i.e. study leave. In accordance with Article 112 of the Labor Code of the Republic of Kazakhstan, educational leave can be either without pay or paid. Law of the Republic of Kazakhstan “On benefits and social protection of participants, disabled people of the Great Patriotic War and persons equal to them" provides for the right of participants, disabled war veterans and persons equal to them in benefits to receive additional leave without pay for up to two weeks a year (clause 23, article 11). The above grounds are mandatory for the employer when granting unpaid leave. However, the reasons listed are not exhaustive. Since leave without pay is provided by agreement of the parties to the employment contract, the grounds may differ from those stated above. True, for other reasons, the employer decides to grant leave himself, and can refuse without giving reasons. The duration of unpaid leave is determined by agreement between the employee and the employer. The law determines only the minimum duration of leave in the cases discussed above, when the employer is obliged to provide it. The maximum amount of such leave is not limited.

    Timur Radchuk

    They refuse to extend their vacation! I'm going on another vacation as scheduled at the end of April. Its duration is 41 days. 28+13 for unregulated working hours and hazardous production. That is, I will spend the May holidays on vacation. I asked the labor department: “How many days will my vacation last?” They answered that for 2. For May 1 and 9. I say, what about the postponed January 5, 6 and February 25 to May 2, 3, 10, respectively, according to the resolution of the Government of the Russian Federation of October 15, 2012. No. 1048? They are not supposed to answer! I will say more - in January we paid for 8 holidays with a separate type of payment, as well as 1 day in February. That is, I have no complaints and never had any complaints regarding payout, but I do have any complaints about additional days of rest! It turns out that my colleagues, being off vacation, will rest these days, but I won’t? Please explain, preferably with references to legal acts, so that I can clearly appeal.

    Evgeniy Savinkov

    what date should I go to work in January 2012?

    • According to Article 112 of the Labor Code of the Russian Federation, non-working holidays in 2012 are: January 1-5 New Year, January 7th Christmas,

    Marina Titova

    • Lawyer's answer:

      Official holidays in Russia, including state holidays, are enshrined in the Labor Code of the Russian Federation. Article 112 of the Labor Code of the Russian Federation lists non-working holidays, which include February 23. “Taking into account the fact that February 23 next year falls on Wednesday, the transfer of weekends, according to labor legislation, is not provided for. On February 22, the working day, in accordance with the Labor Code of the Russian Federation, will be 1 hour shorter,” said Deputy Head of Rostrud Ivan Shklovets.

    Lyubov Golubeva

    • In accordance with Article 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are January 1, 2, 3, 4, 5, 6 and 8 (New Year holidays).

    Igor Nartsyzov

    who has information about holidays X. Tell me, who knows there are weekends, and there are holidays when they are paid at a double rate. from December 30 to January 8, which ones are holidays and which ones are weekends. thanks in advance

    • according to Article 112 of the Labor Code of the Russian Federation, from January 1 to January 8 are holidays, and December 30 is a day off

    Klavdiya Zhuravleva

    • Lawyer's answer:

      Elena, since November 4, 2012 (National Unity Day, a non-working holiday) coincides with a day off (Sunday), according to the rules of Article 112 of the Labor Code of the Russian Federation, the day off in this case is transferred to the next working day after the holiday. Thus, November 5, 2012 will be a non-working day.

    Lyubov Stepanova

    weekends and holidays in 2013

    • Well, it’s too early to talk about postponing holidays... But look here: Holidays and non-working days in 2013 According to Article 112 of the Labor Code of the Russian Federation, non-working holidays in 2013 are: January 1-5 New Year...

    Lidia Fedorova

    • Based on the experience of New Year's weekends in past years, it will most likely be like this: According to Article 112 of the Labor Code of the Russian Federation, non-working official holidays in Russia in 2011 are: December 31, 2010 is a working day. 31...

    Mikhail Grebenev

    • Hello, Ekaterina! How we relax on February 23, 2012 is a question that worries many residents of the Russian Federation, because recently Defender of the Fatherland Day has also become a day off. Since this holiday falls on Thursday in 2012, many...

    Oksana Markova

    Which holidays in January are not taken into account when calculating the next vacation?

    • From the 1st to the 8th....For these days, vacation simply increases....1, 2, 3, 4, 5, 6, 8 January - New Year holidays. January 7 - Christmas. I’ll formulate it a little differently: According to Article 112 of the Labor Code of the Russian Federation...

    Nikolay Kumbakin

    Payment for holiday weekends.... I work on a 2*2 schedule for 12 hours. On New Year's weekend they promise double pay and reduced working hours for work on January 3, 4, 5, 6, 8. I'm interested in this - on December 30th we also have a shorter workday, but the payment is according to the standard (i.e., as usual), is the employer right or should he still pay double?? ? 12/31/12, January 1, 2 and 7 are weekends! Thank you in advance)

    • Lawyer's answer:

      Article 112. Labor Code Non-working holidays in the Russian Federation are: January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays; January 7 - Nativity of Christ Work on a weekend or a non-working holiday is paid NO LESS THAN double the amount

    Irina Nikitina

    • At the moment, there is no official information about the New Year holidays 2012, therefore, based on the experience of the New Year holidays of past years, it will most likely be like this: According to Article 112 of the Labor Code of the Russian Federation, non-working official holidays...

    Stanislav Plokhov

    How many public holidays are there in January in 2012? and in May 2012?))

    • Lawyer's answer:

      According to Article 112 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), non-working holidays in the Russian Federation are: January 1, 2, 3, 4 and 5 - 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 is National Unity Day.

    Andrey Kharlanov

    Are holidays and weekends paid double? budgetary organizations

    • Lawyer's answer:

      The Labor Code does not make any DIFFERENCES in pay between private and state employees. institutions: The law is ONE for all! According to the provisions of the Labor Code of the Russian Federation, work on weekends and non-working holidays is allowed only in exceptional cases, and if it is carried out, it is paid at an increased rate. Since 2005, when paying for working hours worked on weekends and holidays, one should take into account the changes made to the Labor Code of the Russian Federation by Federal Law No. 201-FZ of December 29, 2004 “On Amendments to Article 112 of the Labor Code of the Russian Federation.” As days off according to Art. 111 of the Labor Code of the Russian Federation, two days off from work per week are accepted with a five-day working week and one day off from work per week with a six-day work week. Specific weekends (meaning certain days weeks or specifically specified days according to the schedule) specified for the relevant employees and (or) categories of employees are established by a collective agreement or the internal labor regulations of the organization. When determining days off, the following provisions of labor legislation must be taken into account. General day off according to Art. 111 of the Labor Code of the Russian Federation is Sunday. To change this provision, the employer must have compelling reasons, in particular the provisions of the Labor Code of the Russian Federation itself or the relevant regulatory legal acts. The second day off in a five-day work week is established by a collective agreement or the internal labor regulations of the organization. As a rule, both days off are provided in a row, i.e., the days off for a five-day work week are Saturday and Sunday of each week. As stated in Art. 111 of the Labor Code of the Russian Federation, in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days weeks in turn for each group of workers in accordance with the internal labor regulations of the organization. In such cases, it is possible to change both Saturday and Sunday as days off for a specific employee or corresponding categories of employees. Weekends may be pre-agreed days of the week (for example, Monday and Tuesday) or weekends in each week may vary - in this case they are specified in the approved in the prescribed manner work schedule.

    Valery Dorofankin

    March and May are officially NON-WORKING days in 2012: what dates?

    • According to Article 112 of the Labor Code of the Russian Federation, non-working holidays in 2012 are: January 1-5 New Year, January 7 Christmas, February 23 Defender of the Fatherland Day, March 8 International Women's Day, May 1...

    Dmitry Nakhabin

    What kind of holiday(?) will be this week on Wednesday?

    Georgy Pronyakov

    • In November 2004, the State Duma established new holiday November 4 is National Unity Day. The idea is to make November 4 a holiday as the Day of National Unity, the anniversary of the liberation of Moscow from Polish invaders and the actual end...

    Vitaly Navruzyan

    In Russia, New Year holidays are established from January 1 to January 5, and taking into account weekends and Christmas, the weekend lasts 10 days.

    • Moreover, this happened under Putin. He really loves skiing. State Duma deputies changed the holiday calendar, giving Russians the New Year holidays, December 24, 2004. Then parliamentarians amended Article 112 of the Labor...

    Leonid Yudov

    • In 2012 - January 10. -------------- New Year's holidays for Russians will last for ten days, such a holiday was approved by its Resolution No. 581 of July 20, 2011 On the postponement of weekends in 2012 by the Government of the Russian Federation...

    Raisa Alexandrova

    You don’t know whether the 10-day New Year’s holiday will be canceled or not?

    • According to Article 112 of the Labor Code of the Russian Federation, non-working official holidays in Russia in 2010 are: New Year holidays- January 1, 2, 3, 4 and 5, 2010, with January 2 and 3, 2010 falling on Saturday and Sunday, Christmas...

    • Information about the weekend schedule from November 2011 to March 2012. In accordance with the Decree of the Government of the Russian Federation of July 20, 2011 N 581 On the transfer of days off in 2012, in November the first working week for residents of the Russian Federation will last only...

  • Egor Turbin

    how many working days in a year

    • In 2010, with a five-day working week with two days off, there were 249 working days, including 5 working days shortened by one hour (February 27, April 30, June 11, November 3 and December 31), and 116 days off, taking into account 5 additional ...

    Galina Ilyina

    who set the day of presidential elections in Russia? why this day and no other?

    • If you look at the previous elections, the Federal Law On the Elections of the President of the Russian Federation provides that voting day is the second Sunday of the month in which voting was held in the previous general elections and in...

    Daniil Urbanovich

    How many days do we rest during the New Year holidays?

    • According to Article 112 of the Labor Code of the Russian Federation, non-working official holidays in Russia in 2012 are: December 30, 2011 (Friday) is a working day, but a pre-holiday during the day - working hours the time on this day is reduced by 1 hour. 31...

    Ruslan Savvatin

    holidays, not weekends in 2011

    • In accordance with Article 112 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, 1, Art. 3), non-working holidays in the Russian Federation are: January 1, 2, 3, 4 and 5 New Year holidays; 7...

    Alena Veselova

    • Will December 31 be a holiday: In the case of a five-day work week with two days off, Monday December 31, 2012 will be a holiday. This happened thanks to the possibility provided for in Article 112 of the Labor Code to transfer...

    Zhanna Solovaeva

    May 1st is officially a day off???. May 1st falls on a Sunday, so Monday will be considered a holiday, right? I work on a 2/2 schedule and if we work on schedule on a holiday (day off), we are entitled to double pay. So, I think they will pay me double for May 1st??? Thank you!:)

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing working hours and shift schedules. The duration of weekly continuous rest is calculated from the end of work on the eve of the day off until the start of work on the next day after the day off. Calculation of duration depends on the working hours: type of working week, shift schedules. With a five-day work week, two days off are provided, with a six-day week, one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Typically, days off are provided consecutively.

Weekend

Weekends are a type of rest time. Their hallmark is that they are provided to employees for continuous rest between working days.

The concept of “rest” in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) already in the early years of its existence drew the attention of employers to the well-directed use of leisure time by providing workers with the opportunity to pursue more varied interests and by providing respite from the stress placed on them daily work, can increase productivity and thus can help you get the most out of your workday.

It is precisely this scientific and social approach to establishing rest time that currently prevails in developed countries, where the duration of working time is limited by law or in other ways, i.e., mandatory continuous rest time is established.

IN Russian legislation The regulator of working hours during the week is Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The length of the working week is provided for by the working hours, five days with two days off, six days with one day off, a work week with days off on a sliding schedule, and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation proclaimed Sunday as a general day off. Moreover, the second day off in a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with continuous free time whenever possible, employers are given the right to choose in establishing days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which enshrines the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week, alternately to each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. Legislating the lower limit of this period of time reflects the seriousness of the state's attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have an impact negative impact on their participation in the life of society and disrupt social contacts, which, in fact, constitute the activities of the state.

In addition, the very size of the minimum period of continuous free time reflects not only the social aspect labor activity, but also the level economic development society - in developed countries it is more, and in developing countries it is less, for example, in Vietnam it is 24 hours.

The beginning of what is specified in Art. 110 of the Labor Code of the Russian Federation, the period is calculated from the moment the employee finishes work on the last day of the calendar or work week, when working on a shift schedule, and the end, accordingly, from the moment he goes to work on the first day of the new calendar or work week. The specific duration of weekly uninterrupted rest depends on the work schedule established in the organization, i.e. on the type of week: 5-day, 6-day or no shift schedule, and on the employer’s calculations.

By the way, precisely for the purpose of complying with the established standard time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but relaxes.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”; in others, holidays are introduced and abolished by separate acts for each specific day; in others - holidays are established by general normative legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Art. 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

  • January 1, 2, 3, 4 and 5 — New Year holidays;
  • January 7—Christmas Day;
  • 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 is National Unity Day.

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

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, which are 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 a religious organization;
  3. the decision was made by the state body of the subject.

For example, in Chuvash Republic by a separate act, June 24 was declared 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 staff 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.

Note! 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 does not have the right to stipulate in the local act of the enterprise 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 rest day 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 hours. IN report card this day is designated as a day off by code “B” or digital “26” when using standardized 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 it is a working day for the person being dismissed, 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 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 the days of illness coincided 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.

Non-working holidays in the Russian Federation are:

January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays (as amended by Federal Law No. 35-FZ of April 23, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 18, Art. 2127);

(Part one as amended by Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

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 coinciding 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 (as amended by the Federal Law dated April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Article 2127).

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 regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full (the new part three was introduced by Federal Law of December 29, 2004 N 201-FZ - Collection of Legislation of the Russian Federation, 2005, N 1, Art. 27 ; as amended by Federal Law No. 90-FZ of June 30, 2006 - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878).

The presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (as amended by the Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 2878).

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, 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 regulatory 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 the official publication of these acts no later than two months before the calendar date of the established day off (as amended by Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, No. 27, Article 2878; Federal Law of April 23, 2012 No. 35-FZ - Collection of Legislation of the Russian Federation, 2012, No. 18, Article 2127).

(Parts three and four are considered parts four and five, respectively, on the basis of Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27)

What are the approved non-working holidays in 2018 in Russia? How are these holidays shifted in 2018 if they fall on weekends? We provide in this article a schedule of non-working holidays in 2018 and its analysis.

Non-working holidays according to the Labor Code of the Russian Federation

Article 112 of the Labor Code of the Russian Federation permanently establishes the following non-working holidays in Russia:

  • January 1, 2, 3, 4, 5, 6 and 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 is National Unity Day.

Which holidays fall on weekends in 2018?

Let’s say right away that in 2018, 3 official all-Russian holidays coincide with the weekend:

  • January 6, 2018 – fell on a Saturday;
  • January 7 – Sunday;
  • November 4 – Sunday.

The day off, which coincides with the holiday of November 4, 2018, according to the usual rules, has been extended to November 5 inclusive. That is, on the next working day – Monday. Simply put, it will not be a worker in 2018.

The Cabinet of Ministers postponed two other official holidays in 2018 as follows (according to p. stop of the Government of the Russian Federation dated October 14, 2017 No. 1250):

  • from January 6 (Saturday) to March 9, 2018 (Friday);
  • from January 7 (Sunday) to May 2, 2018 (Wednesday).

New Year holidays in 2018

Due to postponements, the New Year holidays in 2018 lasted as much as 10 days - from December 30 to January 8 inclusive. In 2018, you had to go to work on January 9 – Tuesday.

Defender of the Fatherland Day

In February, in honor of the celebration of Defender of the Fatherland Day, you can rest for three days in a row - from the 23rd to the 25th inclusive. In addition, February 22 (Thursday) is a shortened working day, since it appears on the calendar immediately before an official holiday:

International Women's Day

International Women's Day - March 8 - falls on Thursday in 2018. And if in 2017 it was decided not to add any days off to this holiday and there was exactly one day for rest and work on the 9th, then in 2018 the situation is radically different. You can walk for 4 days in a row – from March 8 to March 11 inclusive:

Other holidays

On the Spring and Labor Day, Russians will have another 4-day holiday from April 29 (Sunday) to May 2 (Wednesday).

We will also rest for three days in a row:

  • from June 10 to June 12 inclusive in honor of Russia Day:

  • and from November 3 to 5 in connection with National Unity Day:

Holiday calendar

As a result, the 2018 calendar of non-working days, taking into account all transfers and additions, looks like this:

  • from December 30, 2017 to January 8, 2018 inclusive (New Year holidays: 10 days from Saturday to Monday);
  • from February 23 to 25 (Defender of the Fatherland Day lasting 3 days from Friday to Sunday);
  • from March 8 to 11 (International Women's Day: 4 holidays from Thursday to Sunday);
  • from April 29 to May 2 (first May holidays: 4 days from Sunday to Wednesday);
  • May 9 (Victory Day: 1 day only – Wednesday);
  • from June 10 to 12 (Russia Day: 3 days from Sunday to Tuesday);
  • from November 3 to 5 (National Unity Day: 3 days from Saturday to Monday);
  • from December 30th onwards into the new year 2019.
 


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