Labor Code Article 112 in the new edition. Is it permissible to indicate in a local act for an enterprise that staff are only given time off for working on a holiday?

Non-working holidays V 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 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 order established by part fifth of this article.

Employees, with the exception of employees receiving a salary ( official salary), for non-working holidays where they were not involved in work, additional remuneration is paid. The amount and procedure for payment of the specified remuneration are determined 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 relate to labor costs in full size.

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

In order to 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. 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 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 memorable dates No work is performed on non-working holidays.2. Involvement of 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).3. The transfer of weekends and non-working holidays to other days is carried out in the following manner: established by the Government RF.

Judicial practice under Article 112 of the Labor Code of the Russian Federation

Decision of the Supreme Court of the Russian Federation dated 02/08/2006 N GKPI05-1644

By virtue of Part 2 of Art. Labor Code In the Russian Federation, if a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

It follows that specified norm The Code establishes a mechanism for automatically transferring days off when they coincide with holidays.

Determination of the Supreme Court of the Russian Federation dated April 27, 2006 N KAS06-123

In support of the stated requirement, E. referred to the inconsistency of paragraph 2 of paragraph 1 of the explanation with the labor legislation of the Russian Federation (in particular, part 2 of Article of the Labor Code of the Russian Federation) and the restriction of his right to an equal number of days of rest compared to other employees.

Review of judicial practice of the Supreme Court of the Russian Federation dated 02/09/2005

On amendments to the article of the Labor Code of the Russian Federation

Federal law adopted State Duma December 24, 2004 (SZ RF 2005, N 1 (part 1) art. 27)

About implementation Town Planning Code Russian Federation

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 15, 2009 N 6676/09 in case N A32-911/2008-16/6

The article of the Labor Code of the Russian Federation establishes that January 1, 2, 3, 4, 5, 7 are holidays non-working days.

Since 01/01/2008 is the last day for submission statement of claim, - a holiday non-working day, and also 01/05/2008 is a holiday and fell on a Saturday (day off), in accordance with the explanation of the Ministry of Labor of the Russian Federation dated December 29, 1992 N 5 that if a weekend and a holiday coincide, the day off is transferred on the next working day after the holiday, 01/05/2008 was postponed to 01/08/2008. Therefore, the first working day was 01/09/2008.

Decision of the Supreme Court of the Russian Federation dated January 31, 2011 N GKPI10-1645

In accordance with part five of Article of the Labor Code of the Russian Federation, for the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to transfer weekends to other days. 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 normative legal acts 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.

Determination of the Constitutional Court of the Russian Federation dated October 19, 2010 N 1302-О-О

HIS CONSTITUTIONAL RIGHTS ARTICLE OF THE LABOR CODE

RUSSIAN FEDERATION

Constitutional Court Russian Federation consisting of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Supreme Court of the Russian Federation dated March 10, 2011 N KAS11-87

On January 31, 2011, the Supreme Court of the Russian Federation decided to refuse the application. IN cassation appeal O. asks to cancel the court decision and to make a new decision to satisfy his application, referring to misuse court norms substantive law. Believes that the court broadly interpreted the law, concluding that it was possible to increase the duration working week over 40 hours per week. The limitation on the length of the working week has nothing to do with total duration working hours per month or other longer period of time. The court did not take into account that the right to postpone days off in accordance with the article of the Labor Code of the Russian Federation is granted to the Government of the Russian Federation only for the purpose of rational use by the employee of weekends and non-working days. There is no evidence in the case confirming that the postponement of the day off provided for by the contested Resolution serves to achieve this goal.

Determination of the Supreme Court of the Russian Federation dated August 31, 2011 N 49-11-57

Dulov S.K. appealed to the Supreme Court of the Republic of Bashkortostan with an application to invalidate paragraphs 3 and 4 of paragraph 1 of this article, citing a contradiction with the Constitution of the Russian Federation, the Constitution of the Republic of Bashkortostan, articles , , , , of the Labor Code of the Russian Federation, article 3 of the Federal Law of September 26, 1997 . N 125-FZ "On freedom of conscience and religious associations".

Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 21, 2011 N 20-ПВ11

IN supervisory complaint State Assembly- The Kurultai of the Republic of Bashkortostan asks to cancel the ruling of the Judicial Collegium on administrative matters Supreme Court of the Russian Federation dated August 31, 2011 and uphold the decision of the Supreme Court of the Republic of Bashkortostan dated June 27, 2011 since the Judicial Collegium for Administrative Cases Supreme Court The Russian Federation made an unfounded conclusion that the legislator of the Republic of Bashkortostan exceeded its rule-making competence. Judicial panel incorrectly interpreted the provisions of paragraph 7 of Article 4 of the Federal Law "On Freedom of Conscience and Religious Associations", which provide for the rights of the relevant bodies state power in the Russian Federation in the relevant territories, at the request of religious organizations, declare religious holidays as non-working (holiday) days. The Board's conclusion is that this norm does not indicate the rule-making competence of the constituent entities of the Russian Federation on this issue, was made without taking into account the requirements of Part 3 of Article 5, Articles 11, 72, 76, 77 of the Constitution of the Russian Federation, Article 1 of the Federal Law "On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation." The supervisory complaint also points to the erroneous conclusions of the Board, which consists in the fact that the challenged norms contradict the norms of labor legislation, in particular the articles of the LABOR CODE of the RUSSIAN FEDERATION

AND POLICY 7 OF ARTICLE 4 OF THE FEDERAL LAW

"ON FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS"

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtseva,

[Labor Code of the Russian Federation] [Chapter 18] [Article 112]

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 regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an 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 reducing wages for 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.

2 comments on the entry “Article 112 of the Labor Code of the Russian Federation. Non-working holidays"

Article 112. Non-working holidays

Commentary on Article 112

The commented article establishes a list of non-working holidays that applies to the entire territory of the Russian Federation.
Subjects of the Russian Federation may establish other non-working holidays on their territory, taking into account the national and cultural characteristics of the region. One of these holidays is January 7 - Christmas. Its consolidation as a holiday throughout the country may be perceived by some as an infringement religious feelings believers of other faiths, therefore, the republics that are part of the Russian Federation can declare religious holidays of other faiths a non-working day. This is fully consistent with Art. 28 of the Constitution of the Russian Federation, which guarantees every citizen freedom of religion.
In addition to generally established non-working holidays, there are professional holidays (Metallurgist's Day, Teacher's Day, Builder's Day, etc.), which are timed to coincide with weekends according to the calendar. If such holidays fall on working days, then release from work in practice is carried out on the basis of a collective agreement or an order (instruction) of the enterprise administration.
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations or work due to the need to serve the population, as well as in connection with urgent repair and loading and unloading work).
For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to transfer weekends to other days.
In cases where a day off is transferred to a working day, the duration of work on this day must correspond to the duration of the working day to which the day off is transferred (see the Procedure for calculating the standard working time for certain calendar periods(month, quarter, year) depending on set duration working hours per week, approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N 588n).
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RG. 2009. 7 Oct.

Part 3 of the commented article corresponds to the International Covenant on Economic, Social and cultural rights of December 16, 1966, by which the states parties to the Covenant recognize the right of everyone to fair favorable conditions labor. These conditions include rest, leisure, reasonable limitations on working hours and periodic paid leave, as well as remuneration for work on public holidays (Article 7(d) of the Covenant). Remuneration for work on public holidays is also provided for in the European Social Charter (revised), adopted in Strasbourg on May 3, 1996. According to the Charter, states that are members of the Council of Europe and have signed the Charter, in order to ensure the effective implementation of the right to fair working conditions, undertake to establish paid holidays (Clause 2, Article 2, Part II of the Charter).
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USSR Air Force. 1976. N 17. Art. 291.

Part 4 of the commented article establishes a rule that provides that non-working holidays should not affect the wages of an employee receiving a salary (official salary). Unfortunately, this norm, which is a guarantee for this category of workers, does not include similar guarantees for workers whose work is paid in other forms. It seems that in relation to workers who do not receive payment in the form of a salary, these issues should be regulated by a collective agreement or by direct agreement between the employee and the employer.
Part 5 of the commented article provides for the right of the Government of the Russian Federation to postpone weekends and non-working holidays. 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 normative legal acts on the transfer of days off to other days during the calendar year is permitted subject to their official publication no later than two months before the calendar date of the established day off.

Article 112. Non-working holidays

Commentary on Article 112

1. Part 1 of the commented article establishes a list of holidays and non-working days on the territory of the Russian Federation.
In order to ensure that each employee has the opportunity to annually use 12 non-working holidays in addition to weekends, Part 2 of the commented article provides for a rule on transferring a day off that coincides with a holiday to the next working day after the holiday. This rule should also apply when the day off, which is due to the employee in accordance with the internal rules labor regulations, coincides with a non-working holiday. In case of such a coincidence, the employee’s day off will be the next working day after the holiday.
The transfer of days off that coincide with non-working holidays should also be carried out in organizations that use various modes labor and rest, in which work is not performed on holidays. This applies equally to work modes with both permanent days off and “sliding” days of rest.
According to established practice, in cases where the work and rest regime provides for work on non-working holidays (continuously existing organizations or related to daily services to the population, round-the-clock duty, etc.), the rule on the transfer of days off does not apply (clarification of the Ministry of Labor of Russia dated December 29, 1992 N 65 “On some issues arising in connection with the transfer of days off that coincide with holidays " // BNA RF. 1993. N 3).
2. Part 3 of the commented article provides for the payment to employees, with the exception of those receiving a salary (official salary), of 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. At the same time, it is specifically stated that the amount of expenses for the payment of additional remuneration for non-working holidays relates to labor costs in full. Thus, the legislator not only established the payment of remuneration for non-working holidays on which employees were not involved in work, but also provided an additional guarantee for such payment by determining the source of financing.
3. Additional warranty is also provided for employees receiving a salary (official salary). In accordance with Part 4 of Art. 112 the presence of non-working holidays in a calendar month is not grounds for reducing their wages. In other words, for employees receiving a salary (official salary), their wages in a calendar month are retained in full, regardless of the number of non-working holidays in that month.
4. Part 5 of the commented article grants the right to the Government of the Russian Federation to postpone weekends to other days, adding them to the nearest non-working days, for the purpose of rational use by employees of weekends and non-working holidays. At the same time, it is clarified that the regulatory legal act of the Government of the Russian Federation on the transfer of weekends 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 normative legal acts 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 2 months before the calendar date of the established day off. This clarification allows both employees and employers to plan in advance appropriate activities related to the organization of work and rest.
In cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 No. 4 , approved by Resolution of the Ministry of Labor of Russia dated February 25, 1994 N 19 // BNA RF 1994. N 5).

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 regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and an 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 reducing wages for 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.

Commentary to Art. 112 Labor Code of the Russian Federation

1. Unlike other holidays, professional holidays and memorable 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. A uniform solution to the issue of postponing days off is facilitated by the resolutions of the Government of the Russian Federation, which, as a rule, are adopted at the next calendar year.

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 schedule in the organization provides for work on holidays (for continuous existing production facilities, 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 No. 5 // Bulletin of the Ministry of Labor of the Russian Federation. 1993. No. 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 different religions, the establishment 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).

Procedure for consideration of proposals federal bodies executive power 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, 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 amount of which non-working days falling within the paid period did not and do not affect, but also for those whose wages are based on the actual output, labor costs. Lack of opportunity to work in established by law 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 are 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.

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, Art. 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. Amounts of expenses for the payment of additional remuneration for non-working holidays relate to labor costs in full ( new part the third was introduced by Federal Law No. 201-FZ of December 29, 2004 - Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 27; in ed. Federal Law of June 30, 2006 N 90-FZ - Collection of Legislation of the Russian Federation, 2006, N 27, Art. 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, N 27, Art. 2878; Federal Law of April 23, 2012 N 35-FZ - Collection of Legislation of the Russian Federation, 2012, N 18, Art. 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)

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 constituent entities of Russia to establish, by the relevant regulatory act, 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 taken government agency subject.

For example, in Chuvash Republic a separate act June 24 has been 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 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 If desired, the employee may be given another day of rest. 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 the code “B” or the digital “26” when used unified forms No. T-12 or No. T-13.

Important! Employees working on piecework payment labor, you must pay 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 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 of calendar days illnesses do not need to be excluded, since they do not relate 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 the general rule must be legally justified.