For the duration of additional leave for work during harmful conditions labor and the amount of vacation pay is influenced by several factors.

Employees employed in hazardous working conditions must be granted additional paid leave every year. Its minimum duration is 7 calendar days... Such rules are established:

- in part 1 of article 116 and article 117 of the Labor Code of the Russian Federation;

- Clause 1 of the Decree of the Government of the Russian Federation of November 20, 2008 N 870 "On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions."

The duration of the additional annual paid leave is determined based on the results of the certification of workplaces for working conditions. The procedure for certification of workplaces for working conditions was approved by order of the Ministry of Health and Social Development of Russia dated 04.26.2011 N 342n "On approval of the Procedure for certification of workplaces for working conditions."

Specific norms for the duration of additional paid leave, depending on the profession (position) of the employee, are established by the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shortened working day approved by the decree of the USSR State Committee of Labor, the All-Union Central Council of Trade Unions Presidium dated 10.25.74 N 298 / P-22 (hereinafter referred to as the List).

In the List, the duration of the granted additional leave is set in the range from 6 to 36 working days.

Until the adoption of a new procedure for providing compensation to workers employed in hazardous working conditions, the List can be applied if its provisions are included in the collective agreement or local regulations adopted by the employer (part 3 of article 219 of the Labor Code of the Russian Federation, information of the Ministry of Labor of Russia dated 13.02.2013, Rostrud letter dated 19.06.2012 N PG / 4463-6-1).

Leave period for additional leave

Employees who have actually worked in hazardous conditions for at least 11 months have the right to additional leave in full.

In all other cases, its duration is calculated in proportion to the hours worked. This procedure is established by clause 9 of the Instruction, approved by the decree of the State Committee for Labor of the USSR, the All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20 "On approval of the Instruction on the procedure for applying the List of industries, shops, professions and positions with harmful vacation and reduced working hours ”(hereinafter referred to as the Instruction).

The list, as well as the Instruction, are valid in the part that does not contradict the Labor Code (part 1 of article 423 of the Labor Code of the Russian Federation).

The employee worked in harmful conditions for an incomplete month

Employees go on vacation, get sick, take leave at their own expense, etc. In practice, rarely does anyone work in hazardous conditions for a full number of months, usually several months and several days. In this case, you need to determine how many full months the employee actually worked in harmful conditions.

Example 2. A. B. Baryshev works as a gas welder on a five-day calendar working week... According to the results of certification of workplaces for work in harmful working conditions, he is entitled to an additional paid leave of 14 calendar days per working year, this is spelled out in the local document of the organization.

In the period from March 11 to September 30, 2013 (inclusive) A. B. Baryshev worked in hazardous conditions for 140 full working days.

Solution. According to the calendar of the five-day working week in 2013, there are 247 working days. The average monthly number of working days is 20.58 (247 working days: 12 months).

The number of full months for which the employee is entitled to additional paid leave is 6.8 (140 working days: 20.58 days / month), the result is rounded to 7.

The duration of additional paid leave for work in harmful working conditions in calendar days is 8.17 (14 calendar days: 12 months x 7 months).

The local document of the organization reflects the rules for rounding to the whole number of calendar days of vacation - in favor of the employee.

The employee is entitled to additional leave of 9 calendar days.

Different harmful factors - different length of additional leave

If during the working year an employee worked in different industries or in different positions, for work in which additional leave of unequal duration is provided, the calculation of the time worked in harmful working conditions is made separately for each job.

Example 3. A. E. Antonov works as a painter full-time according to the calendar of a six-day working week.

In the period from January 25 to April 30, 2013 (inclusive) A.E. Antonov worked in hazardous working conditions 78 full working days, for which work is entitled to leave of 14 calendar days per working year.

And from May 1 to September 20, 2013, he was transferred to work, for which 7 calendar days of additional leave for a working year is laid. During this period, he worked 116 full working days.

Solution. According to the calendar of the six-day working week in 2013, there are 299 working days. The average monthly number of working days is 24.92 (299 working days: 12 months).

The number of full months for which an employee is entitled to additional paid leave is:

- 3.13 months (78 working days: 24.92 days / month);

- 4.65 months (116 working days: 24.92 days / month).

Duration of additional paid vacation

- for work in harmful working conditions is:

- for 3.13 months - 3.65 calendar days (14 calendar days: 12 months x 3.13 months);

- for 4.65 months - 2.71 calendar days (7 calendar days: 12 months x 4.65 months).

The total duration of the additional vacation is 6.36 calendar days (3.65 calendar days + 2.71 calendar days).

The employee must be provided with 7 calendar days of additional leave.

Two vacations - one amount of vacation pay

When calculating the total duration of the annual paid vacation, the period of additional paid vacation is summed up with the period of the main annual paid vacation (part 2 of article 120 of the Labor Code of the Russian Federation, clause 14 of the Rules on regular and additional vacations approved by the National Committee of the USSR dated April 30, 30 N 169). This means that both holidays are granted sequentially without interruption, one after the other. Accordingly, vacation pay for both leaves must be issued no later than three days before the start of the first of them (part 9 of article 136 of the Labor Code of the Russian Federation).

Every vacation day is paid from the average wages employee.

As a general rule, the calculation of average earnings to determine the amount of vacation pay is made based on the actual wages accrued to the employee and the time actually worked by him for settlement period.

The duration of the calculation period for determining the average earnings is 12 calendar months preceding the month of the beginning of the vacation. Base:

- Part 3 of Article 139 of the Labor Code;

- clauses 1, 2 and 4 of the Regulation approved by the Government of the Russian Federation of December 24, 2007 N 922.

The collective agreement, local normative act may provide for other periods for calculating the average wage, if this does not worsen the situation of employees (part 6 of article 139 of the Labor Code of the Russian Federation).

In this case, when calculating vacation pay for annual paid and for additional vacation, the calculation period and the amount of payments taken into account will be the same. However, since the number of days of annual paid leave is calculated calendar days, and additional - by workers, the accountant will have difficulties in determining the value of the average daily earnings.

This problem can be avoided by ensuring the comparability of indicators for the number of days, namely: you need to translate working days into calendar days.

Methods for converting working days to calendar

The legislation does not establish the rules for recalculating working days of additional paid leave into calendar days. In practice, two methods are used:

- calendar;

- mathematical.

The rules for recalculating working days of vacation into calendar days must be established in the company's internal documents - a local normative act or a collective agreement.

Calendar method

- a certain number of days of the main vacation is counted from the start date of the vacation in calendar days;

- from the date following the last day of vacation, a certain number of days of additional vacation is counted in working days per six-day working week;

- after that, the total vacation period (from the first to the last day) is transferred to calendar days.

Example 4. An employee was granted an annual basic paid leave from September 2, 2013 with a duration of 28 calendar days and an additional leave - 9 working days according to the schedule of a six-day working week. The employee is not seasonal worker, an open-ended employment contract was concluded with him.

How long will the additional vacation be in calendar days and how long will the employee go to work?

Solution. Calendar counting. Vacation starts on Monday.

We determine the end date of the main vacation, this is September 29, 2013 (September 2 (inclusive) + 28 calendar days).

From September 30, 2013, we count 9 working days of additional paid leave (according to the calendar of a 6-day working week). The last day of vacation will be October 9, 2013.

The total duration of the vacation will be 38 calendar days. The employee must start work on October 10, 2013.

With the calendar method, the total length of vacation depends on which day of the week the vacation starts. Let's show this with an example.

Example 5. Let's use the condition of Example 4, changing only the vacation start date - September 6, 2013.

Solution. Calendar counting. Vacation starts on Friday.

Determine the end date of the main vacation - October 3, 2013 (28 calendar days from September 6).

From October 4, 2013, we count 9 working days of additional paid leave (according to the calendar of a 6-day working week).

The last day of vacation will be October 14, 2013. The employee must return to work on October 15, 2013.

In this case, the total duration of the vacation will be 39 calendar days.

Mathematical method

The dependence of the total duration of the vacation on what day of the week the paid vacation begins makes it possible to avoid the use of the mathematical method of converting working days into calendar days.

Its essence consists in calculating the ratio of calendar and working days per one calendar week (7 calendar days: 6 working days).

This ratio is a constant used in all subsequent calculations, regardless of the specific conditions for granting leave.

How many vacation days are allowed in a year?

As a general rule, the number of paid vacation days per year should 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.

Separation of 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 normal weekends, public holidays non-working days the duration of the vacation is not included and is 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 indicated in the collective agreement, the local regulatory act of the organization (for example, the internal labor regulations) or directly in employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (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 charge 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 under 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 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. These extended leaves are granted to researchers holding full-time positions in a scientific institution (organization) financed from 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 who do not serve 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 (

Every employee has the right to receive annual paid leave, and separate categories employees also on additional paid holidays. The procedure for granting vacations is regulated by the Labor Code of the Russian Federation, which means that it must be strictly observed. Let's consider how to send an employee on annual leave correctly.

STEP 1: SENDING NOTICE OF THE START OF VACATION OR RECEIVING AN EMPLOYEE APPLICATION

Until now, many personnel officers doubt whether an employee needs to write a vacation application. Let's figure it out.

As you know, the order of granting vacations is determined by the vacation schedule (part one of article 123 of the Labor Code of the Russian Federation). The employer approves the schedule no later than two weeks before the beginning of the year for which it is drawn up. The schedule is approved taking into account the opinion of the trade union (if any) (part one of article 123 of the Labor Code of the Russian Federation). After the vacation schedule is approved, it becomes mandatory for the employee and the employer (part two of article 123 of the Labor Code of the Russian Federation).

This rule does not apply to those categories of workers to whom the employer is obliged to provide annual leave at a convenient time for them. These include:

• husbands while their wives are on maternity leave (part four of article 123 of the Labor Code of the Russian Federation);
• combat veterans (Federal Law of 12.01.1995 No. 5-FZ "On Veterans", as amended on 19.12.2016);
• "Chernobyl victims" (clause 5 of article 14 of the Law of the Russian Federation of 15.05.1991 No. 1244-1 "On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant ", as revised by. from 28.12.2016);
• employees whose spouses are military personnel (paragraph 11 of article 11 Federal law from 27.05.1998 № 76-FZ "On the status of military personnel", as amended by from 04/03/2017);
• external part-time workers who are granted leave at the same time as leave for the main job (part 1 of article 286 of the Labor Code of the Russian Federation);
• Heroes of the Soviet Union, Heroes Russian Federation, full holders of the Order of Glory (clause 3 of article 8 of the Law of the Russian Federation of 15.01.1993 No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" as amended on 02.07.2013, as amended from 12/19/2016).

Vacation start notification

There is no approved form of notice of the start time of the vacation, so the employer should develop it independently. However, it should be noted that the document should contain the following information:

• name of company;
• outgoing number and date of registration of the document;
• position, surname and initials of the employee;
• the name of the structural unit;
• deadlines provided annual leave;
• employer's signature.

Note! The employee must receive a notice of the start time of the vacation (Example 1) against signature no later than two weeks before the start of the vacation (part one of Article 123 of the Labor Code of the Russian Federation).

According to the approved vacation schedule, Secretary Ilyina N.B. must go on vacation from 06/17/2017 to 06/30/2017. To get acquainted with the notice of the start time of the vacation in this case, Ilyina N.B. due no later than 02.06.2017.

If several employees go on vacation, they can be notified with one document (Example 2). It should be noted that two weeks before the vacation is the minimum period, you can notify earlier.

According to the schedule, employees go on vacation on various days of July - from 07/01/2017 to 07/31. 2017. This means that all employees going on vacation in July can be notified on June 12th. For those who go on vacation on 01.07.2017, the warning period will be the minimum, for everyone else - more than the minimum.

Vacation application

The law also does not provide for an application form for granting leave, therefore, having received an employee's application, it is necessary to check whether all the necessary details are present in the document, namely:

• the name of the employing organization;
• position, surname and initials of the head;
• the position of the employee and the name of the structural unit;
• surname and initials of the employee.

In the text of the application, the employee indicates what kind of vacation he asks for (main or additional), the date of the start of the vacation and the number of days of vacation.

The employee signs and dates the application with his own hand. Next, the head puts on the application a visa for approval.

To simplify the process and reduce the number of errors, the organization can develop an application form - employees will only have to fill it out. However, the employee's handwritten signature must also be on the completed application form (Example 5).

Annual leave applications must be submitted in advance. This will allow the manager to find a replacement for the employee during the vacation, and the accounting department - to calculate the vacation pay, which must be paid no later than three days before the start of the vacation (part nine of Article 136 of the Labor Code of the Russian Federation).

If the employer violates this legal requirement, he pays the employee monetary compensation(Article 236 of the Labor Code of the Russian Federation). To avoid disputes, it is better to fix the deadlines for the provision of such statements in a local regulatory act, for example, in the Internal Labor Regulations:

We recommend registering notifications of the start of vacation and applications for granting it in special journal(Example 6). This will avoid disputes about the date of the application.

STEP 2. WE CHECK WHAT VACATION IS FOR THE WORKER

As a general rule, employees are provided with annual paid leave of 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

So, have the right to additional paid leave:

• workers whose working conditions are harmful and dangerous - at least 7 calendar days (Article 117 of the Labor Code of the Russian Federation);
• employees with irregular working hours - at least 3 calendar days a year (Article 119 of the Labor Code of the Russian Federation);
• persons working in the regions of the Far North and equated localities - from 8 to 24 calendar days (Art. 321 of the Labor Code of the Russian Federation, Art. 14 of the Law of the Russian Federation of 19.02.1993 No. 4520-1 "On State Guarantees and Compensations for Persons Working and living in the regions of the Far North and equivalent areas ", as amended on December 31, 2014);
• doctors general practice and them nurses for continuous work in these positions for over three years - 3 days (Decree of the Government of the Russian Federation of December 30, 1998 No. 1588 "On the establishment of general practitioners (family doctors) and nurses of general practitioners (family doctors) of an annual additional paid 3-day leave for continuous work in these positions ");

The following are entitled to annual extended paid leave:

• employees with an assigned disability group - 30 calendar days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation", as amended on March 7, 2017);
• workers educational institutions- duration of 56 or 42 calendar days, depending on the type of institution and position (Resolution of the Government of the Russian Federation of May 14, 2015 No. 466 "On annual basic extended paid vacations", as amended on April 7, 2017);
• full-time researchers of universities: doctors of sciences - 48 working days, candidates of sciences - 36 working days (Decree of the Government of the Russian Federation of 12.08.1994 No. 949 "On annual vacations researchers with a scientific degree ");
• workers engaged in work with chemical weapons - 56 or 49 calendar days (Article 5 of the Federal Law of 07.11.2000 No. 136-FZ "On social protection of citizens employed in work with chemical weapons", as amended on 14.10.2014 );
• healthcare workers diagnosing and treating HIV-infected patients - 36 working days (Decree of the Government of the Russian Federation of 03.04.1996 No. 391 "On the procedure for granting benefits to employees at risk of contracting the human immunodeficiency virus in the line of duty").

• employees under 18 years of age (part 3 of Art. 122, Art. 267 of the Labor Code of the Russian Federation);
• employees who have adopted a child (or children) under the age of three months (part 3 of article 122 of the Labor Code of the Russian Federation);
• women before maternity leave or immediately after it (part 3 of article 122 of the Labor Code of the Russian Federation).

STEP 3: CALCULATE VACATION EXPERIENCE

After the personnel officer has decided on the duration of the main and additional vacation, it is necessary to calculate how many vacation days the employee earned.

To do this, you should calculate the length of service that gives you the right to receive a vacation. After all, if the employee has not yet earned the vacation, then by providing the vacation in advance, the employer is at risk. Not always, upon dismissal, the employee is paid a salary sufficient to withhold the payment of the vacation days used in advance.

The length of service, which gives the right to receive an annual regular paid leave, is calculated from the first day of work with the employer. The working year is calculated from the day the employee is hired and ends at the end of the working year. The working year does not coincide with the calendar year, therefore each employee has his own period of the working year.

Arinin M.A. was accepted into the organization on May 16, 2016.The first working year of the employee begins on May 16, 2016 and ends after 12 months of continuous work, that is, it lasts until May 15, 2017. The second working year is from 05/16/2017 to 05/16/2018, etc.

Please note that not all periods when the employee was listed in the organization can be included in the length of service, which gives the right to the provision of an annual next paid vacation (Article 121 of the Labor Code of the Russian Federation).

The length of service includes:

• time of work in the organization;
• the time when the employee did not work, but the place of work remained for him (time of annual paid leave, non-working holidays, days of temporary disability, weekends and other days of rest);
• time forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at work;
• the period of suspension from work of an employee who has not passed the mandatory medical checkup through no fault of their own;
• unpaid leave time not exceeding 14 calendar days during the working year.

The length of service for annual leave does not include:

• time away from work without good reason;
• time of parental leave;
• unpaid leave time exceeding 14 calendar days during the working year.

• Calculation of the length of service for annual leave if the employee used less than 14 calendar days of unpaid leave during the working year.

Let's give an example of calculating the length of time for vacation.

Arinin M.A. adopted on May 16, 2016. The employee applied for an annual leave from 05.06.2017 for 14 calendar days. At the same time, the employee was provided with an annual paid vacation in the amount of 7 calendar days from 11/14/2016 to 11/20/2016, and on 12/30/2016 he used 1 day of leave without pay. Also Arinin M.A. was on sick leave from 20.02.2017 to 24.02.2017.

● For the working year from 05/16/2016 to 05/15/2017 Arinina M.A. as a general rule, 28 calendar days of vacation are allowed. Since the time of annual leave and temporary disability is included in the length of service for the provision of annual leaves, we take into account these periods in the length of service.

● Marinin M.A. also used 1 day of unpaid leave in the working year. However, since the total number of days does not exceed 14 calendar days, this day is also included in the length of service.

● From total days due for the working period, you need to deduct the days of the vacation already used. Thus, Arinin M.A. for the period from 05/16/2016 to 05/15/2017 it is assumed:

28 k.d. annual leave - 7 k.d. used vacation = 21 c.d.

The employee has accumulated the required number of vacation days, and vacation in the amount of 14 calendar days can be granted to him.

• Calculation of the length of service for annual leave if the employee used more than 14 calendar days of unpaid leave during the working year.

If the employee used unpaid leave for a period of more than 14 calendar days, this period is also not included in the calculation of the length of service in accordance with Art. 121 of the Labor Code of the Russian Federation (see also letters from Rostrud dated June 14, 2012 No. 854-6-1; dated December 18, 2012 No. 1519-6-1).

The employee was accepted on 11.09.2015. The employee from 12/05/2016 to 12/30/2016 was provided with 26 days of leave without pay.

The period of service, which gives the right to the provision of annual leave, includes only the period of unpaid leave in the amount of 14 calendar days. The rest of the days are not included in the vacation period and "shift" the border of the working year by 12 calendar days (26 - 14 = 12) Thus, the last day of the current working year will not be on 09/11/2017, but on 09/23/2017 (09/11/2017 + 12 days).

• Calculation of seniority for additional leave for "harmful" work.

Additional vacation is planned (as well as annual) in the vacation schedule. However, the length of service, which gives the right to additional annual paid leave for work with harmful or hazardous working conditions, includes only the time actually worked under these conditions (part three of Article 121 of the Labor Code of the Russian Federation).

According to clauses 8 and 9 of the Instruction on the procedure for applying the List of production workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day (approved by the decree of the USSR State Committee of Labor, All-Union Central Council of Trade Unions of 11/21/1975 No. 273 / P- 20, as amended on January 26, 2017), full additional leave is granted if the employee has actually worked in industries, workshops, professions and positions with harmful working conditions for at least 11 months during the working year. If the employee has worked in harmful conditions for less than 11 months during the working year, then additional leave is granted to him in proportion to the hours worked.

To calculate the length of service, which gives the right to the specified leave, it is necessary to calculate the number of days that the employee actually worked in harmful working conditions (at least half the length of the working day). Next, you should determine the number of full months of work in harmful or dangerous conditions labor. To calculate the number of full months of work in hazardous working conditions, it is necessary to divide the total number of days of such work during the year by the average monthly number of working days. If the balance is less than half of the average monthly number of working days, it is excluded from the calculation, if half or more, it is rounded up to a full month (Rostrud letter dated 18.03.2008 No. 657-6-0).

The employee was hired as a gas cutter on 07/27/2016. The employee applied for an annual leave from 06/12/2017 for 14 calendar days and an additional annual leave from 06/26/2017 for 12 calendar days (according to the collective agreement). From 21.11.2016 to 27.11.2016, the employee was provided with annual paid leave in the amount of 7 calendar days.

For the working year from 07/27/2016 to 07/26/2017, the employee, as a general rule, is entitled to 28 calendar days of vacation, as well as 12 days of additional vacation. Let's calculate the number of vacation days for work in harmful working conditions.

At the time of the expected start of the additional vacation, the employee will work in harmful conditions from 07/27/2016 to 06/26/2017, which is 11 months. Since the employee has worked for at least 11 months, the employee is provided with a full additional vacation in the amount of 12 calendar days.

From the total number of days due to the employee for this period, you need to subtract the period of vacation already used.

Thus, the employee for the period from 07/27/2016 to 07/26/2017 is entitled to:

28 k.d. annual leave + 12 k.d. additional vacation - 7 k.d. used vacation = 33 c.d.

The employee was hired as a machinist on 10/24/2016. He applied for an annual leave from 19.06.2017 for 14 calendar days and an additional annual leave from 03.07.2017 for 8 calendar days (according to the collective agreement). The employee has not yet used his vacation.

At the time of the expected start of the additional vacation, the employee will work in harmful conditions from 24.10.2016 to 02.07.2017, which is 8 months. Since the employee has worked for less than 11 months, it is necessary to calculate the number of additional vacation days. To do this, you need to determine the number of days in which the employee actually worked in harmful working conditions for at least half of the working day.

For example, an employee worked full time. Then for the calculation we apply the formula:

124 days of work in hazardous conditions / 29.4 ( average monthly number of working days) = 4.22 c.d.

Thus, as of 03.07.2017, the employee is entitled to 4 calendar days of additional leave.

For the working year from 24.10.2016 to 23.10.2017, the employee is entitled to 21 calendar days of the main annual leave (9 months worked × 2.33 days). Also, the employee is entitled to 4 calendar days of additional leave.

The employee has accumulated the required number of days of basic annual leave. Also, the employer provides the employee with additional leave in the amount of 4 calendar days.

STEP 4: DRAWING OUT THE LEAVE ORDER

If there are no obstacles for the employee to go on vacation, you can issue an order. Most often, it is drawn up according to the unified form No. T-6 (Examples 7, 8) (approved by the decree of the State Statistics Committee of Russia dated 05.01.2004 No. 11), but the employer has the right to develop his own form. The employee reads the order against signature.

STEP 5: MAKE A NOTE-CALCULATION

To calculate the other payments due to the employee when granting him an annual paid or other leave, you need to draw up a calculation note (Example 9). It is drawn up according to the unified form No. T-60 or according to the form approved by the organization.

The calculation note must be transferred to the accounting department to calculate vacation pay and pay them to the employee.

STEP 6: ADDING INFORMATION TO THE EMPLOYEE'S PERSONAL CARD

After issuing the order, the personnel service must enter the data on the leave in the employee's personal card (form No. T-2 or in the form of organization) (Example 10).

STEP 7: CONSIDER VACATION DAYS IN THE TIME TABLE

The employer maintains a time sheet according to the form No. T-13 or according to the form approved by the organization. In the timesheet in mandatory the days of annual paid leave are also taken into account. The days when the employee is on vacation must be designated with the OT code or 09 (Example 11).

STEP 8: ADD YOUR VACATION SCHEDULE

The organization must approve the vacation schedule no later than two weeks before the start of the new calendar year. When drawing up a vacation schedule, you can use the unified form No. T-7, but the employer has the right to develop his own form.

As employees use their vacations, information about the actual use of vacations is entered into the schedule.

Sometimes changes are made to the schedule. For example, if an employee asks to postpone his annual paid leave to another time (and the employer agrees), extend the employee's vacation (for example, in connection with incapacity for work during the vacation) or recall the employee from vacation.

After completing the application, you must make changes to the vacation schedule. Sometimes changes to the schedule are made by order, but the Labor Code of the Russian Federation does not provide for such an obligation. In our opinion, in this case, it is sufficient to refer to the employee's statement in column 8 (Example 12).

SUMMARY

1. When issuing a vacation to an employee according to the schedule, it is necessary to send the latter a notice of the start of the vacation two weeks in advance.
before it starts.

2. If the employee wants to go on vacation outside the schedule, he must apply
to the employer with a statement. The employer has the right to agree to the provision of leave outside the schedule or to refuse the employee.

4. By agreement between the employee and the employer, the vacation can be postponed according to the schedule.

5. When calculating the length of service for vacation, it is necessary to take into account the periods that are not included in the length of service, which gives the right to provide an annual regular paid
vacation.

6. Following the procedure, personnel service must issue an order on the provision of the main annual paid leave, draw up a calculation note, make entries in the employee's personal card, reflect the vacation in the time sheet and enter information into the schedule
vacations.

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 given norm, labor legislation a requirement was established regarding 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 an 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 limited liability companies (hereinafter referred to as LLC) (Article 40 of the 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 management body) or persons authorized by him.

Prepared answer:
Expert of the Legal Consulting Service GARANT
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.