Summer is the season of universal zeal for the sea and the sun. At the same time, a hot time begins for the accountant at the workplace. The reason is controversial issues, which arise almost more than employees striving to relax. Let's consider the most important of them.

Answers questions are given Victoria Bespalova, Lead Consultant, Head of Department labor law by NS Consulting.

1. What is the minimum number of vacation days an employee can take? If, after the vacation, the employee leaves on Monday, does he have the right not to include the previous weekend during the vacation period?

The purpose of the annual paid leave is to restore the physical and moral strength of the employee and, in general, it should be at least 28 calendar days for a year of work. It is possible to split the vacation into parts, provided that at least one of them is at least 14 calendar days (Article 125 of the Labor Code). It is not known how many parts the remaining 14 days can be divided into - there are no relevant instructions from the legislation.

Section 128 Labor Code reads: “for family reasons and other valid reasons the employee, upon his written application, may be granted leave without retention wages, the duration of which is determined by agreement. " At the same time, the Code does not stipulate that such leave should be taken into account in calendar days. Thus, it is quite acceptable to obtain an unpaid leave for the days from Monday to Friday, which cannot be said about the next annual paid leave. Articles 115 and 120 of the Labor Code clearly establish the procedure for granting the next annual paid leave precisely in calendar days.

When dividing the vacation into small parts, the employer directly violates the requirements of these articles, granting vacation not in calendar days, but in working days.

It is worth remembering that the concept of "calendar days" is not tied to the days when the employee works and when he actually rests. Working days clearly refer to the days when the employee was supposed to work (Art. 14 of the Labor Code).

As for the amount of accrued vacation pay, if the last two days off are not included in the vacation period, then, of course, based on the above, the amount of vacation pay will be reduced by two calendar days.

The answer to this question depends on whether the employee has already received an increased salary for a period of the last 12 calendar months preceding the calculation of vacation pay or not. If yes, then in accordance with paragraph 16 of Resolution No. 922, when calculating the average earnings for calculating vacation pay, a multiplying coefficient should be applied. It is defined simply: the new salary must be divided by the amount of the salary before the increase. The salary should be recalculated from the beginning of the billing period to the month of the increase.

Let's look at a specific example. An employee goes on vacation from July 21, 2010. The calculation period for calculating average earnings - from July 1, 2009 to June 30, 2010 - has been fully worked out. Until May 31, 2010 the employee's salary was 20,000 rubles, from June 1 - 25,000 rubles. The coefficient is taken as 1.25 (25,000 rubles: 20,000 rubles). In the amount of payments for the calculation average salary for each month from July 2009 to May 2010, instead of the actually paid amount (20,000 rubles), you need to take the estimated one, that is, 25,000 rubles. (20,000 rubles x 1.25). Thus, the total amount for determining the average earnings will be 300,000 rubles. (20,000 rubles x 11 months x 1.25 + 25,000 rubles x 1 month).

When granting an employee a leave from subsequent dismissal the last day of vacation is considered the day of dismissal.

When the calculation period is not fully worked out, the number of calendar days in incomplete months and fully worked is determined separately. The total amount of payments is divided by the sum of the found values. To find the number of calendar days in incomplete month, you need to divide 29.4 (the average monthly number of calendar days in accordance with Article 139 of the Labor Code of the Russian Federation) by the number of calendar days of a given month and multiply by the number of calendar days worked this month.

Let's say from May 17 to May 23, 2010 (7 calendar days) an employee was sick. For May, he was paid a salary in the amount of 9,000 rubles. and the payment of the certificate of incapacity for work was made in the amount of 2000 rubles. The employee's salary is 12,000 rubles. The employee is granted leave in the amount of 28 calendar days.

The number of calendar days in May will be 22.76 days (29.4: 31 days x 24 days). The amount of actually accrued wages for the billing period from March 2009 to April 2010 will amount to 141,000 rubles. (12,000 rubles x 11 months + 9,000 rubles). Thus, the average daily earnings of an employee will be 407.33 rubles. (141,000 rubles: (29.4 x 11 + 22.76), which means that the amount of vacation pay will be 11,405.24 rubles (407.33 rubles x 28 days).

4. What period should be taken for calculating vacation pay if an employee goes on vacation in the middle of the month?

In accordance with article 139 of the Labor Code and paragraph 4 of Resolution No. 922, the period for calculating vacation pay depends on the actual accrued wages.

Let's give an example. The deadlines for the issuance of wages in accordance with the employment contract and the internal labor regulations are as follows: the first half of the wages is paid on the 20th day of the reporting month, and the second - on the 5th day of the next month following the reporting month. Suppose that the employee is granted leave from August 15, 2010. To calculate the average earnings, we will take the period for which the wages have already been accrued. Thus, August will not be included in this period, since the second part of the wages for August will be accrued to the employee only on September 5, 2010, and the employee's vacation pay should be paid three days before the start of the vacation. Therefore, the estimated period will be from June 1, 2009 to July 31, 2010.

5. How is leave with subsequent dismissal formalized? Does an employee have the right to take paid leave instead of two weeks' work? What day will be considered the last working day?

In accordance with the opinion of Rostrud (letter dated December 24, 2007 No. 5277-6-1), the granting of leave with subsequent dismissal is the employer's right, and not his obligation. If the employee expresses a desire, instead of the two-week processing, go to annual leave, he needs to write a statement. Next, the employer decides whether to grant such leave to the employee or not. If the employer agrees with the state of affairs, a corresponding resolution appears on the application. Next, an order for granting leave is drawn up, a corresponding mark is made in the personal T-2 card and vacation pay is issued.

In accordance with the same letter from Rostrud No. 5277-6-1 when granting an employee a vacation with subsequent dismissal in the afternoon

dismissal is considered the last day of vacation. However, all calculations are made before the employee leaves on vacation, since at the end of the vacation, the parties will no longer be bound by obligations. The same should be done with work book and other documents that the employer is obliged to provide to the employee. They need to be issued before going on vacation. This point of view is also confirmed by the ruling of the Constitutional Court of January 25, 2007 No. 131-О-О.

How many vacation days are required per year?

By general rule the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is this 28 calendar days or working days? The main annual paid vacation is considered in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing the vacation into parts

An employee does not have to use all 4 weeks of his allotted vacation at one time. The leave can be divided by agreement between the employee and the employer. The division of the leave into parts according to the Labor Code of the Russian Federation must be made in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be as small as desired, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekends falling within the vacation period are taken into account when calculating its duration and are payable. Let us explain with an example. Manager Ivanov A.K. wrote a vacation application for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be given a vacation of 7 days and all 7 days must be paid.

Unlike regular weekends, non-working days are not included in the duration of the vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for the vacation. Because June 12 is a public holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: number of days according to legislation and local act

The specified vacation duration - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish a longer paid leave for his employees. The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, the local regulatory act of the organization (for example, the internal labor regulations) or directly in the employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for the purposes of taxation of profits (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums(Clause 2 of Article 226 of the Tax Code of the Russian Federation, Clause 1 of Article 420 of the Tax Code of the Russian Federation).

Extended leave according to the Labor Code 2019: how many days

Who is entitled to apply for an extended main vacation and how many days of vacation should be provided to these persons is indicated in the table.

Employee category	Number of vacation days under the Labor Code and other legislative acts
Employees under the age of 18	31 calendar days. Leave must be provided at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Pedagogical workers	42 or 56 calendar days depending on the position held and type educational organization where the teacher works (Article 334 of the Labor Code of the Russian Federation, clause 3 of part 5 of Article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466)
Scientists with a scientific degree	- 48 working days for doctors of science; - 36 working days for candidates of science. The specified extended holidays are provided scientists occupying established posts in a scientific institution (organization) financed from the federal budget (Decree of the Government of the Russian Federation of 12.08.1994 No. 949)
Chemical weapons workers	56 or 49 calendar days, depending on the group of work to which the employee's activity is attributed. The assignment of works to the first or second group depends on the degree of their danger (Articles 1, 5 of the Law of 07.11.2000 No. 136-FZ)
Workers of professional emergency rescue services and teams	30, 35 or 40 days, depending on the duration of continuous work experience in professional emergency rescue services and formations (clause 5 of article 28 of the Law of 08.22.1995 No. 151-FZ)
Healthcare workers at risk of contracting the human immunodeficiency virus	36 working days for employees of health care organizations who diagnose and treat HIV-infected people, as well as those whose work is related to materials containing the human immunodeficiency virus, taking into account the annual additional leave for work in hazardous working conditions (paragraph 4 of the Government Decree RF dated 03.04.1996 No. 391)
Government civil servants	30 calendar days (part 3 of article 46 of the Law of 27.07.2004 No. 79-FZ)
Prosecutors, scientific and teaching staff prosecutors	clause 1 of Art. 41.4 of the Law of 17.01.1992 No. 2202-1).
Employees of the Investigative Committee serving not in areas with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (part 1 of article 25 of the Law of 28.12.2010 No. 403-FZ).

Additional vacation

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave... You can read about such a vacation in.

How many days is "northern" leave according to the law

How many days does northerners leave? Usually more than non-faithful workers. After all, the "northerners", firstly, are provided with the main annual paid leave - standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the regions of the Far North - 24 calendar days;
• in areas equated to the regions of the Far North - 16 calendar days;
• in other regions of the North, where the regional coefficient and percentage increase to wages are established, - 8 calendar days (Art. 14 of the Law of the Russian Federation of 19.02.1993 No. 4520-1).

By the way, both regular annual paid vacations and extended ones, as well as additional "northern" vacations can be provided to employees in advance (

Vacation is one of the types of rest time provided by labor law. 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, workers often divide the vacation into parts of less than 7 calendar days. This leads to the fact that the employee cannot use the vacation for good rest and restoration of working capacity. 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, the employee has the right to take leave 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 argumentation is based on the concept of a calendar day on which annual leave is granted.

Let's remember about calendar days

Article 125 of the Labor Code of the Russian Federation says 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 leave must be at least 14 calendar days. In addition, Articles 115 and 120 of the Labor Code of the Russian Federation indicate 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: "Non-working days are also included in the period calculated in calendar weeks or days."

In addition, the employee during labor activity a certain working time regime is established. The concept of working time is disclosed in article 91 of the Labor Code of the Russian Federation: “ Work time- the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must fulfill labor duties... ". The working hours can be different - a five-day week with two days off, a six-day week with one day off and a working week with the provision of days off on a sliding schedule. That is, working days and days off should alternate.

An indirect argument in this matter can be the decree of the Government of the Russian Federation of April 11, 2003 No. 213 "On the specifics of the procedure for calculating the average wage", which spells out the procedure for converting working days to 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 a 5-day working week, falling on the hours worked, by a factor of 1.4." This means that the cost of a working day is not equal to the cost of a calendar day.

Harm to health

Providing part of the leave to an employee for less than 7 calendar days is impractical from the point of view of employee rest regimes and compliance with the requirements of labor protection legislation. This is what the International Labor Organization has to say about holidays.

Fragment of the document

(...) the Conference, having adopted the Convention granting workers annual leave with pay, whereas the purpose of such leave is to provide workers with opportunities for recreation, entertainment and the development of their abilities, bearing in mind that the conditions set out in the Convention constitute the minimum standard to which any the system of paid leave, considering that it would be desirable to clarify the methods of application of this system, recommends that each Member of the Organization take into account the following proposals: (...) 2. While it may be desirable in special cases to provide for a breakdown of leave, it should be avoided that such special measures run counter to the purpose of leave, which is intended to enable the worker to recover his physical and mental strength expended during the year. In other cases, with the exception of completely extraordinary circumstances, the breakdown of leave should be limited to its distribution into no more than two parts, one of which cannot be less than the established minimum.

Calculation problems

The Labor Code of the Russian Federation does not prohibit dividing the vacation into less than 7 days. However, for the correct calculation of the debt for the next vacation and vacation pay, it is necessary to transfer the employee's working days to calendar days when providing next vacation 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 following documents must be drawn up in the organization (if the employee goes on vacation not on schedule, but on request):

Employee statement.

Leave order ( uniform form T-6).

Calculation note for calculating vacation pay (drawn up by the accounting department).

Mark on personal card T-2 (section 8).

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 what officials in the organization participate in them

№ n \ n	Document	Document execution (giving it legal force)	The official in the organization responsible for adhering to this procedure
1	Statement	Writing	Employee
2		registration
3		Harmonization	Head of department
4		Approval (resolution)
5	Leave order	Transfer of the employee's application to the personnel service	The employee himself or the secretary
6		Development of a draft order	Human Resources Officer
7		Registration of an order	Secretary (or other responsible person)
8		Signing an order	The head of the organization or other authorized person
9		Familiarization with the order	Employee
10	Calculation note for calculating vacation pay	Transfer of a copy of the order to the accounting department of the organization and / or execution of the first part of the calculation note	Human Resources Officer
11		Calculation and development	Accountant
12		Issuance of vacation pay (no later than three days before the start of the vacation). If the money is transferred to the employee on the card, the employee must be able to use the money no later than three days before the start of the vacation.	Accountant
13		Getting vacation pay	Employee
14	Personal card T-2	Vacation stamp	Human Resources Officer
15	Time sheet	Vacation stamp	Responsible official
16	Vacation schedule	Stamp on the actual date of the vacation and, if necessary, on the postponement of the vacation	Human Resources Officer

In order to more clearly understand what time and material resources of the organization are spent 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 registration this vacation would also be once. But when the organization breaks the vacation into two parts or more, then these costs, respectively, double or increase several times.

In practice, the organization, striving to minimize its costs, solves the issue much easier. The employer shortens the procedure itself, not realizing the possible consequences.

table 2

What documents and procedures does the employer "donate" when registering "small" parts of the leave

Procedure and documents	Effects
Do not issue vacation pay	The accounting department is excluded from the procedure for granting leave. This leads to the fact that the organization violates the requirements of article 136 of the Labor Code of the Russian Federation, falling under article 142 of the Labor Code of the Russian Federation "The employer's liability for violation of the terms of payment of wages and other amounts due to the employee" and must pay the employee interest in accordance with article 236 of the Labor Code of the Russian Federation
Do not add current information to the vacation schedule	This entails the misuse of a document such as a vacation schedule, and when labor inspection can lead to the responsibility of a specific official, whose duties include
Do not make marks in the personal T-2 card	Leads to misuse of a document such as a personal T-2 card, and when checked, the Federal Labor Inspectorate can punish the responsible official. This violation often leads to incorrect calculation of compensation for unused vacation upon dismissal
Often on the leave order there is no employee's signature indicating that he is familiar with the order	Until the employee signs the vacation order, the vacation formally cannot begin for him. The signing of the employee's application does not give legal effect to the vacation grant procedure. Formally, if an employee went on vacation without reading the order, this can be interpreted as absenteeism
Vacation applications are not registered	Violation of the principles of giving legal force to documents and organization of document flow in the company
There is no resolution of the head of the organization on the vacation application	Again, violation of the principles of giving legal force to documents. In addition, if, on the basis of such a statement (without a resolution), the personnel department issues an order, then there is a violation of the principles of working with documents, since in this case, the personnel department formally fulfills the employee's request without a corresponding order from the employer. A logical question arises: for whom does the HR department work?
There are no marks in the timesheet (as a rule, in those organizations where the timesheet is simply not kept)	Violation of the requirements of Article 91 of the Labor Code of the Russian Federation. For this, the labor inspector can punish the official responsible for organizing the "recording of the time actually worked by each employee"

All these violations during inspections can lead to the imposition of administrative penalties on specific officials, 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 the Russian Federation on Administrative Offenses and the Criminal Code of the Russian Federation.

So, when deciding on granting leave in parts, we recommend that the employer take into account the following:

1. Leave can be divided into parts only if the employer agrees to such a division. When deciding on the granting of 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 at least one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts unpaid on time for each day of delay, starting from the next day after the deadline payments on the day of actual settlement inclusive. The amount of this compensation can be increased collectively or labor contracts... Obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.

March 19, 2007 Sidorova L.D. turned to the head with a request for an annual paid leave for 3 days from 20 to 22 March. Dates of payment of wages - 15 and the last day of the current month. When considering an example, we will proceed from the common practice of paying vacation pay on the day wages are issued. According to the Labor Code of the Russian Federation, the employer is obliged to pay vacation pay no later than three days before the start of the vacation, therefore, according to our example, no later than the evening of March 16 Sidorova L.D. should be able to dispose of their in cash... But in reality, the employee will receive vacation pay only on the 30th (that is, on the day the wages are paid). So, in accordance with Article 236 of the Labor Code of the Russian Federation, the employer is obliged to pay Sidorova L.D. compensation for the delay in the payment of vacation pay from March 17 to March 30. Count: Compensation = Vacation × 1/300 × Refinancing rate × 14 (delay period)

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

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

1 Convention No. 52 The International Organization Labor "Concerning annual holidays with pay" (adopted in Geneva on June 24, 1936 at the 20th session of the General Conference of the ILO). In this Convention, Russia is a contracting party.

The duration of the main annual paid leave is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). According to the first part of Art. 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. Moreover, at least one of the parts of this leave must be at least 14 calendar days.
As can be seen from the above norm, labor legislation establishes a requirement for the minimum duration of only one part of the leave when it is divided into parts. The Labor Code of the Russian Federation does not say anything about the duration of the other part of the annual paid leave. Consequently, the other part of the vacation can be divided by agreement of the parties into parts that can be of any duration.
According to Art. 120 of the Labor Code of the Russian Federation, the duration of the vacation is calculated in calendar days. The law does not establish how many calendar days of vacation should fall on weekends, and how many - on working days. Therefore, vacation days exceeding 14 can be provided to the employee in parts in such a way that they will fall on only working days or only on weekends, or on both in any ratio.
Consequently, the employee and the employer can agree on how many days off and how many working days will fall on the part of the leave exceeding 14 calendar days. If the employee and the employer have agreed to provide the employee with leave, the last day of which will be Friday, the next two days off (Saturday and Sunday) should not be included in the number of vacation days and should not be paid.
At the same time, we note that the employer always retains the right to disagree with the employee's proposed vacation breakdown option.
Please note that in accordance with Art. 8 of the ILO Convention No. 132 on paid holidays (hereinafter referred to as the Convention), when the vacation is divided into parts, one of the parts of the vacation must be at least two continuous working weeks. In other words, Article 8 of the Convention, like Article 125 of the Labor Code of the Russian Federation, establishes the minimum duration of only one part of the vacation. The Convention also does not provide that weekends (Saturday and Sunday) must necessarily be included in the number of vacation days.
We also recommend that you read the letter Federal Service on labor and employment of July 17, 2009 N 2143-6-1.

For your information:
As a general rule, an employer is recognized as individual or a legal entity (organization) that has entered into an employment relationship with an employee (part four of article 20 of the Labor Code of the Russian Federation). If an organization has entered into an employment relationship, the rights and obligations of the employer in labor relations are carried out by its management bodies or their authorized persons in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government, constituent documents legal entity(organizations) and local regulations(part six of article 20 of the Labor Code of the Russian Federation). So, the CEO is the sole executive body societies with limited liability(hereinafter - LLC) (Art. 40 Federal law of February 8, 1998 N 14-FZ "On limited liability companies"). Thus, the rights and obligations of an LLC in labor relations are carried out director general(the sole executive body of management) or persons authorized by him.

Prepared answer:
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Troshina Tatiana

The answer passed quality control by the Legal Consulting Service GARANT

The material was prepared on the basis of an individual written consultation provided within the framework of the Legal Consulting service.

Our editorial office quite often receives questions from readers asking to clarify whether it is possible to take a vacation of 5 calendar days, from Monday to Friday, thereby saving yourself two days of vacation, because Saturday and Sunday are legal days off? Or should you take vacation 7 calendar days in advance? Let's understand this issue.

How many days are allowed to go on vacation: 1, 2, 5 days?

The division of leave into parts is permitted by Article 125 of the Labor Code of the Russian Federation. It says that when the vacation is divided into parts, at least one of the parts of this vacation must be at least 14 calendar days. The Labor Code of the Russian Federation does not say anything about the duration of the other part of the leave. That is labor legislation allows you to take vacation, for example, for one day, for two days, for five days, for ten days, etc.

Also, the Labor Code of the Russian Federation does not say anything about how many calendar days should fall on weekends, and how many on working days. Therefore, when using vacation in parts, vacation days can fall on both weekdays and weekends.

Are there any restrictions on the division of vacation into parts?

But, in addition to the possibility of dividing the vacation into parts, Article 125 of the Labor Code of the Russian Federation also establishes restrictions - the division of vacation is possible only by agreement between the employee and the employer.

Thus, if an employee wants to take a vacation in parts, he will have to agree with the boss about its duration, because the employer retains the right to disagree with such a breakdown of leave.

Indeed, from the point of view of the employer, such a breakdown of the vacation into parts is not rational. If the employee wants to use the vacation in such a way as to exclude the weekend, he automatically increases total amount vacation days.