Last year I was going on vacation and wanted to go on vacation abroad. Unfortunately, it turned out that it was not possible to issue a ticket during the general rest period, and I decided to contact the management with a statement about dividing the vacation into parts. I was refused because it was not agreed in advance and violates the schedule approved at the beginning of the year. As a result, I was left without a vacation and spent all the allocated days at home.

After returning to work, I turned to the labor inspectorate with a request to explain to me the provisions of labor legislation regarding whether the division of vacation into parts is allowed. As a result of the information received, this article was written by me.

By law, a vacation period is required for every employed citizen. Usually, the rest time is agreed with the employer and a special schedule is formed, which is subsequently signed by all employees and the document is certified by the head of the company. Sometimes it happens that the initially chosen rest period is not very convenient for the employee, and he applies for the division of the days provided into parts. The employer can also initiate such a procedure.

Article 115 of the Labor Code of the Russian Federation states that the duration of the annual rest should be 28 calendar days, while local acts of the company do not prohibit setting a longer day. Several circumstances can lead to a situation with vacation sharing. On the one hand, this state of affairs can be insisted on by an employee who wants to have the opportunity to rest twice a year, and not just one, but on the other, the employer, based on the lack of specialists and the need to conduct production processes non-stop.

How are holidays allowed to be divided?

A significant issue is how you can divide the leave according to the labor code. This situation is regulated by Art. 125 of the Labor Code of the Russian Federation, which states that at least one part of the vacation should not be less than 14 calendar days. There are no other restrictions regarding the minimum rest period. The best option is a scheme in which the prescribed 28 days are divided into two equal parts of 14 days and the prescribed amount is paid for each period.

It turns out that participants in labor relations can split the rest of the vacation into absolutely any intervals, since their minimum duration is no longer regulated by law. An employee can devote several days to rest at once or simply add one day to the weekend.

The presented opportunity protects the interests of each of the parties, but at the same time, it should be borne in mind that too intensive crushing may be unprofitable, since it will be necessary to constantly make calculations, pay out funds and draw up documentation. An essential point is also the factor that when splitting the remaining part into small periods, it can affect the absence of a long rest.

How can such a decision be documented?

The factual basis for the allocation of parts in the general period of rest can serve as several points at once:

• a written statement from the employee;
• initial planning of the vacation schedule, taking into account short periods at once.

The last moment must be documented and agreed with other employees of the company and with the employer. The employee whose vacation will be divided is obliged to put his signature under the schedule, certifying the fact that he is aware of the dates set.

Vacation splitting is allowed immediately after the approval of the schedule, but provided that this issue is agreed with the management. Here, it is recommended to follow the existing order:

1. First you need to coordinate the issue with the leader.
2. Prepare an application and submit it to the accounting department.
3. Enter information in the employee's personal card.
4. Change the information in the time sheet.
5. Correct the current schedule.

After completing the necessary actions, it remains only to issue an official order and, on the basis of it, make calculations.

Is employee consent required?

Sometimes there are circumstances when an employee finds out about the separation holiday period when preparing the schedule. As a rule, this is dictated by the peculiarities of production, but can the employer do this.

The law says that the employer is not endowed with such a right, and the issue must be resolved only through negotiations. For the forced division of vacation, the employer is fined. It is also forbidden to split the vacation in such a way that it falls only on weekends. In this case, the employee will actually be left without rest and this is considered a gross violation of the law.

Conclusion

The splitting of the vacation period is not against the law if this point is agreed between the parties to the labor agreement. It is important to comply general rule, in which at least one part of the rest period should not be less than two weeks. The remaining period can be distributed at the request of the parties. Violation of the general procedure for granting leave in parts can lead to a serious fine.

Vacation is one of the types of rest time provided for by labor legislation. The right to rest for every person is guaranteed by the Constitution of the Russian Federation. However, a rare organization will allow its employee to rest all 28 days at once. Therefore, employees often divide vacation into parts lasting less than 7 calendar days. This leads to the fact that the employee cannot use the vacation for proper rest and rehabilitation. In addition, when granting leave for a period of 1 to 5 days, the concepts of “calendar day” and “working day” are substituted.

Of course, an employee has the right to take a vacation for at least one day for 28 weeks in a row, but such a “rest” will not give any result. According to the author, the employer should try to convince the employee to take at least 7 calendar days. The author's argument is based on the concept of a calendar day, on which annual leave is granted.

Think about calendar days

Article 125 of the Labor Code of the Russian Federation states that annual paid leave can be divided into parts by agreement between the employee and the employer. Moreover, at least one of the parts of this vacation must be at least 14 calendar days. In addition, articles 115 and 120 of the Labor Code of the Russian Federation state that leave is granted to an employee in calendar days.

The biggest mistake of the employer is the calculation of calendar days by continuous counting according to the calendar, since the everyday concept of a calendar day does not coincide with the concept of a calendar day in labor legislation. According to article 14 of the Labor Code of the Russian Federation: "The period calculated in calendar weeks or days also includes non-working days."

In addition, the employee during labor activity set a specific working hours. The concept of working time is disclosed in article 91 of the Labor Code of the Russian Federation: “Working time is the time during which an employee, in accordance with the internal labor regulations of the organization and conditions employment contract must perform the duties of the job ... ". Working hours may vary five day week with two days off, six days with one day off and a working week with the provision of days off on a staggered schedule. That is, working days and weekends should alternate.

An indirect argument in this matter can be the Decree of the Government of the Russian Federation dated April 11, 2003 No. 213 “On the features of the procedure for calculating the average wages”, which spells out the procedure for converting working days into calendar days for some of the most popular working hours. In particular, article 9 states: “The number of calendar days ... is calculated by multiplying the working days according to the calendar of the 5-day working week falling on the hours worked by a factor of 1.4.” This means that the value of a working day is not equal to the value of a calendar day.

Harm to health

Granting part of the vacation to an employee for less than 7 calendar days is inappropriate from the point of view of the employee's rest regimes and compliance with the requirements of labor protection legislation. Here's what the International Labor Organization has to say about holidays.

Document Fragment

Problems with calculations

The Labor Code of the Russian Federation does not prohibit dividing a vacation by less than 7 days. However, in order to correctly calculate the debt for the next vacation and vacation pay, it is necessary to convert the employee's working days into calendar days when granting the next vacation in small parts.

When granting leave to an employee in the amount of 28 calendar days at a time, 20 working days and 8 days off fall for this period (with a five-day working week). In the event that you provide vacation for 1 or 2 days, you will actually lengthen the vacation period. This is due to the fact that the 14 working days provided in this case are artificially increased by the corresponding number of days off - the vacation period will increase to at least 32 days.

Picture 1

Getting ready for vacation

In order to provide an employee with a vacation, regardless of its duration - 28 calendar days or any less, the organization must complete the following documents (if the employee goes on vacation not according to the schedule, but upon application):

Employee statement.

Leave order (unified form T-6).

Note-calculation for accrual of vacation pay (issued by the accounting department).

Mark in the personal card T-2 (section 8).

A mark in the time sheet (unified form T-12 or T-13).

A mark in the vacation schedule (unified form T-7 in the "actual date" column and, if necessary, in the "vacation transfer" column - the basis and date).

Table 1

What procedures take place with “vacation” documents and which officials in the organization participate in them

In order to better understand what time and material resources the organization spends on carrying out this entire procedure, it is recommended to calculate how long these actions will take for each official, and, taking into account their official salaries, calculate in monetary terms the amount that the organization spends in order to for one employee to go on vacation for 1-2 days, as is customary in many commercial companies. Moreover, if the employee went on vacation once a year, these time and material costs for processing this vacation would also be once. But when an organization breaks a vacation into two or more parts, then these costs, respectively, double or increase several times.

In practice, the organization, seeking to minimize its costs, solves the issue much easier. The employer shortens the procedure itself, without being aware of the possible consequences.

table 2

What documents and procedures does the employer “sacrifice” when applying for “small” parts of the vacation

All these violations during inspections can lead to the imposition of administrative penalties on specific officials, as provided for by the Code of Administrative Offenses.

In addition to the liability provided for by the Labor Code of the Russian Federation for violations of labor and labor protection legislation, the legislation also establishes other liability provided for by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.

So, when deciding whether to grant leave in parts, we recommend that the employer consider the following:

1. Vacation can be divided into parts only if the employer agrees to such a division. When deciding whether to grant a vacation, the employer must take into account that he is obliged to pay the employee vacation pay no later than three days before the start of this part of the vacation (Article 136 of the Labor Code of the Russian Federation). And in case of non-payment of vacation pay to the employee 3 days before the start of the vacation, the employer is obliged to compensate the employee for this delay for each day in accordance with the requirements of this article. That is, in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay, starting from the next day after due date payments up to and including the day of actual settlement. The amount of this compensation may be increased by collective or labor contracts. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.

2. The employer, in accordance with Article 212 of the Labor Code of the Russian Federation, is obliged to ensure the regime of work and rest of employees in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

3. Violation of requirements for payment of vacation pay and requirements for labor protection provides for both administrative and criminal liability (Articles 5.27, 3.11, 3.12 of the Code of Administrative Offenses of the Russian Federation, Articles 143 and 145 of the Criminal Code of the Russian Federation).

1 Convention No. 52 international organization labor “Regarding annual holidays with pay” (adopted in Geneva on June 24, 1936 at the 20th session of the ILO General Conference). In this Convention, Russia is a contracting party.

The Labor Code of the Russian Federation allows the division of vacation into parts. As Rostrud explains, annual paid leave can be divided into parts by agreement between the employee and the employer, while one of its parts must be at least 14 calendar days. The legislation does not establish how many parts the vacation is allowed to be divided into. In this regard, the remaining vacation days can be divided into any number of parts (for example, two days, five days, eight days, etc.) if the employee and the employer reach an agreement on this issue.

At the same time, in a short time, the employee will not be able to fully relax and recuperate, so it is not recommended to split the vacation excessively.

It should be borne in mind that the employer is not entitled to decide on his own the issue of not only dividing the annual paid leave into parts, but also the duration of these parts (in particular, it is mandatory to require the employee to include days off on vacation). This issue is resolved only by agreement of the parties to the employment contract.

Thus, when an employee is granted a part of a vacation, for example, two calendar days (Thursday and Friday), in accordance with his application, days off are not included in it (on vacation).

How should an agreement be drawn up between the employee and the employer, providing for the division of vacation into parts.

In accordance with Article 123 of the Labor Code of the Russian Federation, the order of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee.

In accordance with Part 1 of Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Thus, the basis for dividing the vacation into parts is the agreement between the employee and the employer. The form of such an agreement is not established by labor legislation..

How, in the opinion of the courts, should the employee's consent to the division of vacation into parts be formalized.

The issue of using leave in installments can be resolved both when drawing up a schedule annual leave for a calendar year, and directly when an employee is granted annual paid leave.

The vacation schedule must contain the signature of the employee confirming that he agrees to the division of the vacation in parts.

The law prohibits the forced division of vacation into parts. If an agreement between the employee and the employer on the division of the vacation into parts is not reached, then the vacation is granted in full size in accordance with the holiday schedule.

If the vacation schedule does not contain the employee's signature confirming consent to the division of vacation in parts, then a separate consent must be drawn up.

Moreover, consent is implied not in oral form, but in writing.

Recall that the unified uniform T-7 contained in the album unified forms from January 1, 2013, it is not mandatory for use (Federal Law "On Accounting" dated December 6, 2011 N 402-FZ). Each enterprise can independently develop a vacation schedule form with the mandatory inclusion in it of the details established by paragraph 2 of Article 9 of Law N 402-FZ.

Thus, a column can be added to the schedule in which the employee, by signature, expresses his consent to the division of vacation into parts.

Application for division of vacation into parts.

The initiative to share the leave may come from the employee. In the application, the employee indicates the desired vacation dates and their duration. The application is made in any form.

Sample application for the division of vacation into parts.

General Director of Romashka LLC
Romashkin R.R.
from the seller Ivanova S.A.

Statement

I ask you to divide the next paid vacation into three parts and provide 14 calendar days of vacation from 07/01/2018 to 07/14/2018, 7 calendar days of vacation from 09/01/2018 to 09/07/2018, 7 calendar days vacation days from 11/01/2018 to 11/07/2018

Seller __________________ Ivanova S.A.

To summarize, the features of dividing the vacation into parts.

The employer needs to receive from the employee an application for dividing the vacation into parts, indicating the duration of the parts of the vacation, or to conclude an agreement with the employee on dividing the vacation into parts, or to supplement the vacation schedule with a special column, an entry in which will allow the employee to express his consent with the division of the vacation into parts.

An agreement must be reached between the employee and the employer on the division of the vacation into parts. Any party to the employment contract can take the initiative to divide the vacation into parts. However, neither the employer nor the employee can demand that the vacation be divided into parts according to their option. Thus, the employee and the employer must agree on both the very fact of splitting the vacation and the duration of each part. The legislation does not establish requirements for the documents that should be used to formalize the agreement reached by the parties to the employment contract on the division of vacation into parts. If the parties fail to reach an agreement on the issue of dividing the vacation into parts, then the employer determines in the schedule the time for using the full-time vacation.

The legislation obliges an employer hiring employees to provide them with annual leave with a salary of at least 28 calendar days. The specified duration is the minimum, i.e. at its own request or by agreement with the staff, the company has the right to increase it. According to the Labor Code of the Russian Federation, the division of vacation into parts is at the discretion of the employee and an agreement with the management.

According to Art. 125 of the Labor Code of the Russian Federation, an employee has the right to break annual leave into parts by agreement with the employer. He is obliged to observe one rule: the duration of any share must be at least two weeks. The remaining days can be taken at your own discretion: divided into two holidays per week or into an arbitrary number of 2-3 days.

The employer does not have the right to prohibit a specialist from taking vacations in parts that are convenient for him. The law forbids him to establish a minimum duration of paid rest. If a person wishes, he can write an application for one day.

If an employee used 14 days of paid rest in short installments, and at the end of the year took the remaining 14 days, the company does not have the right to withdraw him from the “big” vacation for production reasons. The prohibition is established by Art. 125 of the Labor Code of the Russian Federation.

The decision of the employee to share the leave must be recorded in paper form. Companies with a small staff ask specialists to write applications, large structures systematize information in a single document - a vacation schedule.

Is an employee required to split vacation?

Dividing the vacation into parts is the right, not the obligation of the employee. If he wishes to take four weeks at a time and does not agree to other options, the employer has no legal right to challenge this decision. He is obliged to let the specialist go on paid vacation if 28 days have been “worked out” for the year and have not been used before.

Attempts by the employer to prescribe in local acts or a collective agreement the obligation of employees to split vacations are a priori illegal. Specialists have the right to ignore such norms that worsen their position in comparison with the Labor Code of the Russian Federation. If a conflict arises with the employer, the supervisory authorities will take the side of the specialist.

Weekends and working days in the vacation structure

The law does not restrict an employee in choosing days for vacation. It can include weekends, weekdays, or both. Let's consider three possible situations.

1. The employee took a week off

Holidays include both weekends and weekdays. This is a simple situation that does not cause disputes and discrepancies. The employer is obliged to pay seven days of rest, calculating vacation pay based on average earnings.

1. The employee wrote a statement for five working days

Holidays do not include weekends. The law does not prohibit employees from choosing a rest period in this way, capturing only weekdays. The employer must pay the specialist only for the five days specified in the application.

By splitting annual leave in this way, an employee can increase it by four days (two pairs of days off). At the same time, he will receive vacation pay, as in a standard situation, for 28 days laid down by law.

1. The employee took two days off as vacation

The Labor Code of the Russian Federation does not prohibit splitting annual paid leave into such parts. The employer must pay for the two days for which the application is written.

If an employee takes a vacation only once on weekends for personal reasons, this does not raise unnecessary questions. However, a repetition of the situation will attract the attention of regulatory authorities, which will closely monitor compliance with labor laws in the company.

The rules regarding the division of the rest period apply to the main and additional (preferential) leave, which together form an annual leave. The employee has the right to split the number of days assigned to him by law into any parts in agreement with the management. The main thing is that one of them is at least two weeks.

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The issue of dividing vacation in parts is one of the most relevant for both employees and their employers, because not all organizations can immediately fully use the entire vacation for several reasons:

• With a large number of employees in the department, vacations will have to be divided in any case, because not everyone wants to go on vacation, for example, in winter;
• If the position of the person going on vacation can be replaced by another employee only for a short time;
• If the vacationer himself does not want to immediately use the whole vacation.

In fact, the reasons may be different, but for the separation of holidays, it is important to observe one condition: it must be carried out with the mutual consent of the employee and the manager. It is also worth considering that the duration of one part of the rest can be at least 14 days, and the subsequent time can be divided into small particles and take a vacation even for one day.

Some citizens take 14 days off, and the rest of the vacation is torn into pieces throughout the year. Despite the fact that the law does not prohibit taking vacations for one day, it is not recommended to do this:

• Deciding to add vacation days in addition to days off, the employee is deprived of the right to a long rest in the future, which may adversely affect his health;
• Each time the employee will have to write an application for leave and waste his time;
• There may be problems with the calculations: personnel officers will have to convert working days into calendar days to calculate the duration of the vacation if the employee wants to divide the vacation into three or more parts.

The most common examples of vacation splitting are:

Option 1: Locksmith Sidorov A.F. are entitled to 28 days of annual paid leave. He used the first part (14 days) in June, and decided to divide the second into two more parts: he takes seven days off in September, and the same number in December.

Option 2: Rescuer Nikishov V.S. took 15 days of vacation at the rate due to him in 35 days. He still has 20 days of rest, and he divides them into 4 parts of 5 days.

When splitting vacations, you should take into account your field of activity: there are industries in which such a division of less than 7 days can negatively affect manufacturing process and the mode of work: someone will have to replace a worker who systematically goes on vacation. It is for this reason that everything should be done only with the permission of the head.

Is it possible to share vacation: what does the law say?

In Art. 125 of the Labor Code of the Russian Federation directly states that one of the parts of the vacation must be at least 14 days, and the second can be divided into any segments. In the event of difficult situations at work, the employer can withdraw the employee from vacation, but only with his consent, and provide him with the remaining days at any time convenient for him or add them to the vacation for the next year.

According to Art. 122 of the Labor Code of the Russian Federation, any employee who has worked in the organization for at least 6 months can exercise his right to annual leave. Previously, it was necessary to work in one place for 11 months, but from January 1, 2017, the minimum period of work for providing paid rest days has been changed. Who can go on vacation before six months of work:

• Girls before or after maternity leave;
• Underage employees;
• Employees who have adopted a child under the age of 3 months.

All other leave for the second and subsequent years of work must be granted regardless of seniority in the company, but according to the schedule. The transfer of the vacation date is possible in the absence of negative impact on the working process and in agreement with the manager.

Consider the most important legislative nuances regarding the splitting of holidays:

• If an employee took two weeks off, and then decided to divide his vacation by 1 day during the year, the employer does not have the right to interfere with him;
• The head cannot set the minimum duration of the vacation, because. it is already indicated in the Labor Code of the Russian Federation and is 14 days. At least one part of the rest should be equal to two weeks, the employee can divide the rest of the days at his discretion;
• Vacation duration is calculated in calendar days, while non-working holidays are not included in it (Article 120 of the Labor Code of the Russian Federation);
• Upon dismissal, the employee must be provided with all unused vacation, if he so desires, or monetary compensation is paid (Article 127 of the Labor Code of the Russian Federation). An exception is the termination of the employment contract at the initiative of the employer when the employee commits guilty actions: in this case, he is not entitled to unused days;
• Some categories of employees working in special conditions, additional holidays are due, which can also be divided or added to the main ones.

Is an employee required to split annual paid leave?

Often situations arise when employers force their subordinates to divide vacations in installments. Such actions are considered illegal, because. crushing is possible only by prior agreement with the employee. In this case, you can go two ways:

• Try to negotiate peacefully with the leader and explain the impossibility of splitting rest days;
• If the employer disagrees, still use his right to leave, and if he interferes, contact the Trade Union or the Labor Inspectorate with a complaint.

It also happens that the managers themselves, with all their desire, cannot release their employees for more than two weeks, when there is a possibility of a violation of the work process. Here it is necessary to reach a peace agreement and explain the inability to provide full leave, otherwise actions that aggravate the situation of employees may be regarded as a violation of the right to rest.

The division of vacation into parts can be made at the written request of the employee himself or when drawing up a schedule. In the latter case, prior agreement with the employee and his signature on the document is required, which will indicate that he agrees with the splitting of the rest into periods.

If you need to make changes to the vacation schedule, it is important to follow the sequence of actions:

• The parties agree on dates, after which the employee writes an application for leave;
• Necessary changes are made to the employee's personal card;
• Changes in the data in the time sheet;
• Vacation schedules are being adjusted.

An application with a request to divide the vacation into parts must be signed by the head, who subsequently issues the appropriate order.

In general, the procedure for granting annual leave is as follows:

• The employer notifies the employee about the upcoming vacation 2 weeks before it starts;
• The employee writes an application with a request to grant him leave;
• The head certifies the application with a signature and seal, issues an order, then transfers vacation pay no later than 3 days before the start date of the holiday.

In some organizations, one-time financial assistance for vacation may be provided. The possibility of its provision and the amount must be indicated in the internal regulations, and the money must be transferred along with vacation pay.

How are weekends and working days counted in the vacation structure?

Employers do not have the right to independently determine vacation dates for their employees, so they can rest at any time in accordance with the schedule. The only exception is a preliminary agreement: for example, when, due to the specifics of work, it is undesirable to rest during long holidays with shift work, etc.

When vacation falls on holidays or weekends, it is calculated as follows:

• If an employee has a rest from Monday to Friday, the duration of the rest will be 5 days, and Saturday and Sunday will not be counted as vacation;
• If an employee takes a week off, both weekdays and weekends fall into his structure. The employer must pay 7 days of rest.

The situation is somewhat different with holidays falling on holidays. For example, if an employee goes on vacation from May 1 for 14 days, and May 1 and 9 are non-working days, then they will be deleted from the vacation. Accordingly, according to the rules for calculating vacation pay, only the periods from May 2 to May 8 and from May 10 to May 16 inclusive will be paid, and the employee will have to leave the vacation not on May 15, but on May 17, because. due to holidays it is extended by 2 days.