Is it possible to take a vacation on New Year's holidays? It is necessary to immediately clarify one point regarding the legitimacy of the January holidays. In accordance with Article 112 of the Labor Code of the Russian Federation, the period from January 1 to January 8 is holidays. Is the New Year's holidays included in the next vacation? It follows from this that they are subject to the provisions of Article 120 of the Labor Code of the Russian Federation, which states that it is impossible to include them on calendar days of vacation.
ATTENTION… New Year's and Christmas holidays are not included in vacation days. Therefore, they are not subject to payment. When calculating the amount of vacation pay, do not lose sight of this point.
In principle, if the vacation falls on New Year's holidays, there is nothing wrong with that. Even if the first day of the vacation is considered the day. This is due to the fact that the procedure for issuing a vacation is unchanged, and the January holidays cannot be a reason for extending it.
The document according to which employees go on vacation is the vacation schedule. It is formed according to the organization and, mainly, reflects the desires of each employee regarding the start time of the proposed rest. The presence of such a document assumes that any calendar day can become the day of its beginning. It is important to consider this during the scheduling process.
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From the above, we can already conclude that there is no need to extend the vacation when the New Year holidays fall out. Since holidays are not included in the account of vacation days. How to count vacation on New Year's holidays?
IMPORTANT… The number of holidays (there are 8 in January, according to the Labor Code of the Russian Federation) does not in any way affect the amount of calendar days of vacation. This is worth remembering when calculating vacation pay. For example, if the rest consists of 31 days (annual + additional), then it will consist of the same number of days if it falls in January. If this is not taken into account, then errors can be unmeasured.
But the fact that it is not necessary to extend the vacation and write a corresponding application for the extension does not in any way affect the "automatic" addition of non-working holidays to the employee's vacation.… This procedure is performed by employees of the personnel department. It is they who must keep track of all the holidays, so as not to accidentally include them in the number of calendar days of rest. And it is they who should shift the date of its end in accordance with the number of holidays that fall on it.
As already mentioned, the application for the extension in our case is not drawn up. But, if for some reason the employee has the right to designate the beginning / end of the vacation for himself, then he should still write a statement, the following is necessary to know about the preparation of which (if he is going on vacation in January):
- When drawing up a document, you should not indicate the start / end dates of the vacation in it. Better to be more forward-thinking by specifying the type of vacation, the duration and the date of its start. And the employee of the personnel service will already calculate it himself and, when filling out the order, indicate the correct date for the end of the vacation.
- The January holidays do not affect the structure and presentation of the application. Even the text of the statement will be standard, as in other similar documents.
- If the employee's vacation begins on January 1, then the vacation is automatically extended by 8 days. In other words, the time increases, but at the expense of days that the employer will not pay.
How is the amount of vacation pay calculated?
If vacation falls on New Year's holidays, how is it counted? Let's take a closer look at the payment of vacation pay - this is a burning topic for many, many thousands of workers in Russia.Why is it unprofitable to take a vacation in January (financially)? Since it has already been repeatedly mentioned that New Year's holidays are not counted among vacation days, it remains to state the following: the employer is not obliged to pay for them.
He has an obligation only in relation to the amounts of vacations, and as we have already found out, the holidays have nothing to do with them. The same is stipulated in the law. The employee will be paid for exactly the number of days that is provided for by his type of vacation. And nothing else.
Thanks to the above reasoning, we can conclude that calculating vacation pay is not a difficult task. It is necessary to deduce the employee's average monthly earnings for the billing period, calculate his average daily earnings, and then multiply by the number of vacation days (not including New Year's holidays).
REFERENCE… As a general rule, settlement with the employee regarding the vacation must be made no later than 3 days before its start.
And in order to comply with the provisions of Article 136 of the Labor Code of the Russian Federation in cases when an employee's vacation begins on January 4,5,6,7,8 or January 9, it is necessary to make a calculation in advance, when the accounting department is still working. This is possible, since the phrase "no later than 3 days in advance" suggests this very possibility.
How to arrange a vacation for the New Year holidays more profitable
In January you have to work, and in the summer you have to rest. January and May are the least beneficial for legal leave… Because they have the least number of working days.
How does this affect payouts? Let's imagine that you have a salary of 50 thousand rubles. If you worked all 15 working days in January, then the cost of each day would be 50,000/15 = 3,333.3 rubles (according to the Labor Code, the number of non-working holidays does not affect the salary - that is, despite the long holidays, all of you get a full salary).
Now let's say that you were going on vacation from January 25, 2019 for a week. As the accountants explain, in this case, 50,000 / 29.3 = 1706.5 rubles will be charged for each vacation day. That is, on vacation days, you lose about half of your potential income. And instead of your 50 thousand, you will receive a little more than 45 thousand (for simplicity, we do not take into account income tax): 3333.3x10 for days worked, plus 1706.5x7 vacation pay.
Where did 29.3 come from? This is the average number of calendar days in a month that is used in calculating vacation pay (up to April 2014 the value was 29.4).
What is the best way to take a vacation for the New Year holidays. Don't take holidays
Personnel officers are usually advised to take a vacation in such a way as to grab the weekend. And on the contrary, do not take on holidays, which are already non-working days. And they are rightly advised!
Holidays are calculated based on calendar days. That is, if you decide to take a vacation, say, from Monday to Thursday, which you would otherwise have worked, then the vacation pay for these four days will be calculated. And if from Monday to Sunday, then vacation pay will be calculated in seven days, although the salary would have been paid for five.
Holidays are a different story. According to the Labor Code, their number in a given month does not affect the size of the salary - that is, if you have a salary of 50 thousand, then in January you should receive your 50 thousand (see example above), although there is a good third of the month - solid holidays. But if you take a vacation, then holidays (as opposed to regular weekends) will be excluded from those days for which you will be charged vacation pay.
What is the best way to take a vacation: before the New Year holidays, after or during the holidays?
This question is often asked to the accountant of the company. Using examples, we will analyze when it is profitable for an employee who receives a salary (official salary) to take a vacation or part of it, so as not to lose money.
In accordance with Article 112 of the Labor Code of the Russian Federation, the period from January 1 to January 8 is holidays. Is the New Year's holidays included in the next vacation? It follows from this that they are subject to the provisions of Article 120 of the Labor Code of the Russian Federation, which states that it is impossible to include them on calendar days of vacation.
New Year's and Christmas holidays are not included in vacation days. Therefore, they are not subject to payment. When calculating the amount of vacation pay, do not lose sight of this point. In principle, if the vacation falls on New Year's holidays, there is nothing wrong with that. Even if the first day of the vacation is considered the day. This is due to the fact that the procedure for issuing a vacation is unchanged, and the January holidays cannot be a reason for extending it.
