Vacation from Saturday with a five-day working week: is it possible, how to apply, payment

Author of the article: Yulia Kaisina Last modified: January 2022 152891

The Labor Code guarantees the right to annual paid leave, which is measured in calendar days. This means that it includes both working days and weekends (excluding non-working holidays). In practice, vacation usually begins on weekdays, but in some cases it becomes necessary to take vacation from the weekend. What should the employee, HR officer and accountant pay attention to, and is it possible to take vacation only on weekends?

General provisions

The standard vacation period according to labor legislation is 28 days. For some categories of employees it increases. The right to registration arises after 6 months of continuous work.

Additional features include:

rest for hired workers is provided in strict accordance with the developed and approved schedule. By prior agreement with the employer, changes can be made to it;
When exactly it is necessary to rest, each employee is notified with a personal signature;
If you wish, you can break paid rest days into parts - for example, 14 days in the fall and the same number at other times of the year. In theory, you can even take 1 day of rest, but in practice this is not advisable;
It is prohibited to receive compensation in exchange for paid days not taken off. The only exception is dismissal;
vacation cannot be transferred to the next reporting calendar year.

The moment of going on paid leave is pre-agreed with the employer and direct supervisor. In practice, the best option is the first working day after the weekend.

Vacation without days off

Many employees are concerned about whether they have the right to take vacation without days off. Such excitement is quite understandable - with the help of this scheme you can significantly increase your rest periods. However, here it is necessary to take into account a number of important rules and some nuances, in particular:

The standard length of a regular vacation is 28 days. An employee has the right to make an independent decision about whether he will take all the leave at once or divide it into several parts.
If an employee wishes to split his vacation, he needs to remember one more important rule. One part of the vacation period must still be at least 14 days. That is, the employee will not be able to divide his vacation, for example, into three parts.
As for the remaining rest days, they can be used by the employee at his own discretion. In particular, if desired, he can actually split the remaining rest period into several parts. However, it is advisable to discuss this issue with the employer in advance. Often managers do not want an employee to constantly take 2-3 days of vacation.

If the employer does not mind, the employee will be able to implement his own idea regarding taking a vacation without days off. For example, he can take two 4-day periods, from Monday to Friday. If we take into account weekends, it turns out that the employee will be able to take two more full weeks of rest. In addition, he will still have unused vacation days.

As for the procedure for applying for leave in parts, it will take place according to the standard scheme, in accordance with the current rules. The basis for granting such a vacation period will be the main document, namely, a personal statement drawn up in advance by the employee. In it, he indicates all the important information - the exact duration of the vacation period, information regarding its start and end dates, etc.

If you apply on the weekend

If there is a five-day work schedule, vacation begins on Saturday or Sunday. Often specialists ignore this opportunity due to lack of expediency - this is already a weekend that can be used at will. However, many people want to go away for a long weekend these days.

This may be due to the following reasons:

vacation pay was transferred ahead of schedule. The law requires that they be issued to the vacationer no later than 3 days before leaving for vacation. For example, if the actual withdrawal falls on Monday, then the money must be issued on Thursday. If you indicate the first day of vacation on Saturday in your application, the funds will be transferred on Tuesday. Sometimes this plays a key role when organizing a trip to resorts;
The organization practices calling employees to work on weekends. Despite the fact that the law states that employees have the right to go on weekends, and not an obligation, this is voluntarily compulsory, and refusal can lead to unpleasant consequences. It is for this reason that many people start their vacation on the weekend;
the remaining number of non-vacation days does not exceed 2. Many employees prefer to take that many days off over the weekend in order to continue working. There are often situations when there is no replacement, which is why employers ask specialists to give him time off in this way.

In each specific situation, other reasons may arise. For example, sometimes you need to go to work by a specific date, which entails the need to select the start of a long weekend.

Employers do not have the right to force employees to write an application for leave from a day off. This is only a workers' right, not an obligation.

The procedure for granting regular leave.

The start date of the next vacation is approved in the vacation schedule. A schedule is developed and agreed upon in December, 14 days before the start of the new year. The employee must be notified by signature no later than two weeks in advance of the start of the vacation. The vacation schedule is mandatory for both the employer and the employee.

In accordance with Art. 120 of the Labor Code of the Russian Federation, vacation time is calculated in calendar days, which includes regular weekends (Saturday and Sunday, with a five-day working week), but does not include non-working holidays.

How holidays are taken into account when calculating vacation - read on our website https://otdelkadrov.online/7979-oformlenie-raschet-prazdnichnyh-vyhodnyh-dnei-v-otpuske

When do you take leave from a public holiday?

In addition to calendar days of rest, the law provides for holidays. The main difference is that there is no payment for them, but the opportunity to extend the vacation for their number.

If a worker works on a staggered schedule and cannot rest on holidays, they are not taken into account during the next vacation. It is for this reason that it is not advisable to draw up an application on a holiday, since in fact it will be excluded from the calculation of vacation payments.

Despite this, in theory this is not prohibited by the legislation of the Russian Federation, for example, the accrual of funds ahead of schedule. In addition, taking a break from the holiday may seem like a sensible decision if a person is scheduled to go to work.

Is it possible to take a vacation from a day off?

In order for the vacation period to be calculated as accurately as possible, the person in charge will need to pay attention to a number of important factors:

If the vacation days include an official holiday, the entire duration of the vacation must be increased by exactly this number of days off.
The above rule will always apply to some regional holidays, provided that official days off have been established by law. In this case, the vacation must also be extended by the total number of days off that are provided to citizens on the basis of the holiday.
If we talk about simple days off, they are included in the vacation period. Consequently, the very fact of the presence of such days in the general vacation period is not yet a legal basis for increasing its duration.

As mentioned above, employees must go on their well-deserved vacation based on a previously drawn up schedule. As a rule, the formation of this document is carried out by HR department specialists. Moreover, when drawing up the schedule, they are not at all obliged to listen to the opinion of each employee regarding exactly when he should be granted leave.

In the prepared vacation schedule, you can sometimes find rest periods that begin on official public holidays. It should be noted right away that this approach to scheduling can be called not very rational. However, it should also be remembered that legislative norms do not prohibit the start of the vacation period on an official public holiday. The development of events on this issue can occur according to one of the following two schemes:

the beginning of the vacation period falls on a holiday, which is included in the list of official holidays established by the provisions of the Labor Code of the Russian Federation. In this case, the non-vacation order must indicate the actual date, that is, the date of the holiday itself. However, the vacation period itself will begin the next day after this holiday;
the start of the vacation period falls on a regular day off. In the event of such a state of affairs, the order must still indicate the actual start date of the vacation period, which falls on a certain day off. Moreover, this day off will be included in the general vacation period, since it is taken into account when calculating its exact duration.

And finally, it should be separately mentioned that rest for a holiday, which previously coincided with one of the days off, should be transferred to the next standard working day.

As a rule, when starting a rest period from regular weekends, a citizen may have the feeling that the vacation is somewhat lost. However, this opinion can be called erroneous. The fact is that only the actual duration of rest is slightly reduced, but with regard to the procedure for calculating vacation pay, everything remains without any changes.

Paid days only on weekends

Often, unscrupulous employers deny their staff or individual specialists the right to vacation. Often the reason can be a simple lack of qualified personnel, and going on vacation can negatively affect the future work process.

Many employers ask you to write a corresponding vacation application exclusively on weekends:

according to the approved schedule;
or on Saturday and Sunday.

For these days, workers receive the required accruals, but the norms of labor legislation in the field of recreation are violated. According to the legislation of the Russian Federation, vacation and continuous rest (weekly) are types of rest, and combining them on a regular basis entails an increase in working hours throughout the reporting calendar year, which is why there is no opportunity to fully relax and gain strength.

This contradiction is explained in detail by the Letter from the Ministry of Labor, which states that there are no prohibitions on providing paid days of rest if they fall on weekends or holidays. At the same time, providing paid days only on weekends violates Russian legislation.

Letters from the Ministry of Labor do not relate to legislative norms, however, it is strongly recommended to adhere to the existing instructions in order to eliminate the possibility of administrative liability.

Responsibility for vacation on weekends only

Without exception, all employers who violate the requirements of labor legislation and force their subordinates to take vacation only on weekends are subject to administrative liability.

It is expressed in the form of a fine of the established amount:

in relation to authorized responsible persons for providing vacations to hired staff - up to 5 thousand rubles;
for individual entrepreneurs – up to 5 thousand rubles;
for legal entities (companies as a whole) – up to 50 thousand rubles.

In the event of a repeated violation of labor legislation, the following is provided:

increased amount of penalties;
disqualification for up to 3 years.

Increased fines are as follows:

in relation to authorized responsible persons for providing vacations to hired staff - up to 20 thousand rubles;
for individual entrepreneurs – up to 20 thousand rubles;
for legal entities (companies as a whole) – up to 70 thousand rubles.

It is for this reason that it is advisable to comply with federal legislation in order to avoid unpleasant consequences.

Only for the weekend

Some enterprises have a shortage of workers, and in order to keep the work process going, management may force people to take vacation days only on weekends. But if the weekend coincides with a vacation, this can only happen at the request of the employee.

IMPORTANT! According to Article 107 of the Labor Code of the Russian Federation, weekends and vacations are different types of rest.

An employee whose vacation period falls only on weekends does not have a full rest, as much time a year as required by law . In 2022, a letter from the Ministry of Labor was drawn up, which provides precise standards and recommendations on this issue.

An employee can take leave from a weekend or holiday.
But an employer cannot provide its employees with vacation only on weekends.

Is the second rule a direct violation of the law? Letters from the Ministry of Labor are explanatory in nature, but management should adhere to the recommendations in them.

Even if the Labor Code does not indicate that leave cannot be granted only on weekends, with such a decision the manager may violate labor safety standards and the creation of healthy working conditions. This is standard practice; this option can only be considered as an exception.

ATTENTION! An audit may determine that providing vacation only on weekends is an attempt to pay compensation instead of vacation, and this is already a violation of the law.

Vacation registration procedure

Regardless of which day the vacation begins, its registration is carried out according to the standard algorithm, and there are no special features.

An officially employed employee must compile a properly appropriate application and indicate in it:

full initials;
position held;
date of departure for annual paid leave;
the established duration of vacation in strict accordance with the established vacation schedule within the company;
date of compilation and personal signature.

From the point of view of Russian legislation, the actual day of retirement is determined in a standard way - by the total number of days. The exception is those that fall on holidays. If there is room for them, they are automatically extended, usually by 1 day.

According to the completed application, the employer issues an Order, which becomes the basis for issuing vacation pay. Additionally, information is entered into the employee’s personal card.

In case of ignoring the established rules for registering leave, a fine in the prescribed amount will be imposed on the employer and officials.

Results

Thus, the vacation registration procedure must be carried out in strict accordance with the following rules:

Weekends that fall on vacation must be included in the total vacation period. Moreover, all of them are subject to payment in the standard manner.
If we talk about mandatory public holidays, things will be a little different. First of all, such days cannot be included in the total duration of the vacation period.
The main document on the basis of which the employee is granted the desired rest will always be the corresponding order from the authorities. The order, in turn, is formed on the basis of a previously drawn up and approved vacation schedule.
If an employee wishes to reschedule previously established vacation dates, he can do so. However, you first need to discuss this issue with the employer. In addition, he will also be able to divide his vacation into several parts, taking into account the current rules and requirements.

Last changes

In 2022, the standard procedure for documenting vacation and accruing vacation pay continues to apply. There are no plans for any changes in the near future.

Documenting your vacation is a key step. If violations are detected on the part of employers, the authorized state supervisory body has the right to bring the responsible persons to administrative liability. To avoid fines, it is enough to adhere to the established norms of Russian legislation.