If the vacation falls on new year’s holidays in 2021, the employee may have complaints about why this schedule is approved by the HR Department or accounting Department. The specified period is filled with days off, during which the staff should already rest or work, but only under special conditions. When such situations arise, you need to know your rights and, if necessary, defend them.
The duration of the holidays
The official calendar of public holidays for 2021 has not yet been approved, but you can predict holidays during the new year and Christmas period today. Most likely, from January 1 to January 10 inclusive will be non-working. This range includes new Year’s, Christmas, and calendar weekends. December 31 is considered a pre-holiday, so the working hours are reduced by 1 hour.
Depending on the subject of the American Federation, the number of non-working days may be adjusted. Additional days off are canceled or introduced, and other changes are made, but only within the norms prescribed in the laws.
If the holiday fell on the new year holidays in 2021 and the employee does not agree with this fact, before taking action, you need to study the relevant legal norms, as well as internal orders of the company regarding the work schedule, weekends and other free days.
The right to annual paid leave is enshrined in the Labor code of the American Federation:
- article 115 stipulates that the rest period is calculated in calendar days, not in working days;
- article 120 States that weekly weekends are taken into account as calendar days when calculating holidays, the exception applies only to official holidays.
Taking into account all the norms set out in these articles, we can conclude that if a holiday falls on holidays, every day that falls within the range from January 01 to January 10 is postponed to a later date, which the law has a special reservation about. The employee does not need to write an additional application for postponing non-working days that are scheduled for the period of their planned vacation. He has the right to rest exactly as long as he is entitled by law.
If the employment contract or internal documentation of the company prescribes other working and rest conditions during the holidays, then activities during the specified period should be compensated. The employee must be paid a salary for the time worked and additional remuneration is provided in the form of surcharges, bonuses or weekends on other days. The terms and conditions are negotiated individually between the Manager and the company’s staff.
The average-earnings calculation, taking into account holidays
According to the provisions of article 139 of the labor code of the American Federation and Government Decree No. 922 of 2007, vacation pay is calculated on the basis of an employee’s average salary. Paragraph 5 of the Resolution States that weekends, i.e. the time when an employee is paid an average salary, are not included in the billing period. At the same time, public holidays and non-working days are fully accounted for.
The money must be paid no later than three days before the date specified in the application. If the calendar holiday starts from January 1 to January 10, the employee’s funds will be credited in December-no later than the last business day of the month.
According to the current legislative norms, the minimum duration of rest for workers is 28 days. For certain categories of citizens, a longer term is provided:
- civil service employees – 30 days;
- disabled people – 30 days;
- teachers and teachers – 42-56 days;
- workers of harmful industries (chemical, weapons factories, etc.) – 49-59 days.
The maximum period of paid rest is not regulated by law. Workers and employees receive extra days based on seniority. The right to rest applies to all employees who have worked in the company for six months, which is also enshrined in the legislation.
Vacation in parts
Employees of enterprises and organizations have the right to divide the calendar vacation into several parts at their own discretion, even if it falls on new year’s holidays. If the vacation is divided into several parts (more than three), then employers, as a rule, do not approve of this option, because it has a negative impact on the workflow. The procedure for calculating and calculating funds and accounting for labor remuneration in General becomes more complicated, which leads to errors and fines.
In such cases, the administration and subordinates must find a compromise option, which often boils down to dividing the rest into two equal halves. If it was not possible to reach an agreement on their own, the parties can resolve all disputes with the help of trade unions or in court.