Article of shopping mall about vacation. Number of vacation days. About additional leaves provided to "wreckers"

23.08.2019

In practice, not everything happens so correctly, sometimes employees do not rest for years.

These are all violations of the Labor Code of the Russian Federation, which entail, first of all, responsibility for the employer, not the employee.

An employee can receive money for unused rest time upon dismissal, all vacations unused by him during work do not burn out, but will be completely replaced by monetary compensation.

When setting a minimum vacation time, two things are important:

28 days - calendar days are taken, not working days;
a working year is selected for provision.

What is included?

Since the duration of the annual paid rest is set in calendar days, then in the prescribed 4 weeks of rest:

all working days are included;
all calendar days off (Saturday, Sunday) are included;
also includes postponed weekends due to holidays;
not included holidays announced as an official holiday.

Working year concept

For the correct calculation of the duration, you need to understand what a working year is, since 28 days are supposed not for a calendar, but for a working annual period.

The calendar year is considered to be from the beginning of January to the end of December.

A worker is recognized as a year that is calculated from the date of employment for a job in a particular company and ends on the day preceding this date, taking into account the past year.

This rule is fulfilled for cases when there were no excluded periods from the vacation period in the year.

If an employee got a job on March 10, 2019, then in the absence of disregarded periods, the employee can qualify for a vacation duration of 28 days for the time period of work in the organization from March 10, 2019 to March 9, 2020.

If there are excluded periods, then they postpone the end of the working year by the corresponding number of days.

Events that are not included in the vacation period are spelled out in Article 121 of the Labor Code of the Russian Federation, as well as in a number of other articles.

The length of service, which gives the right to a fixed minimum length of vacation, does not include:

time off at their own expense over 14 days per year;
caring for a minor under 3 years old;
failure to appear without a valid reason;
non-admission to duties, if this is the fault of the employee, for example, did not pass the examination of doctors through his own fault, did not receive instructions.

Important! Each day of this period shifts the working year by the corresponding number of days.

The employee was hired on April 20, 2018, in July he was on leave without pay for 28 days. The working year will last from April 20, 2018 to May 3, 2019, that is, the end date is shifted by 14 days, which also exclude length of service.

An example of calculating the vacation period

Conditions:

The employee has worked a full year and wants to take off all the required vacation days.

His position is not specific, the employee himself is also not included in any category, for which additional guarantees are provided in the form of additional vacation days.

In this regard, he can only apply for 28 days.

Useful video

To whom and how many days of annual leave are required according to the Labor Code of the Russian Federation - see the video:

Labor Code gives employees the opportunity to have a full rest every year, obliging the management of the companies to let the staff go on vacation and pay this time according to the average earnings. A person should not noticeably lose money while in legal rest.

The employer is responsible for not providing annual vacation time, so it is important for the management to ensure that each worker regularly receives the minimum number of days off work, which is spelled out in the Labor Code of the Russian Federation.

Every working citizen according to labor agreement has the right to annual paid leave, the maximum amount of which, according to Art. 120 of the Labor Code of the Russian Federation is not limited. At the same time, the minimum duration is legally established. In the article, we will figure out how many vacation days are allowed per year, who can get an extended annual paid vacation.

Important: the employer will incur administrative responsibility if it turns out that his employees do not go to rest for more than two years in a row. At the same time, the employee himself, who has not rest for a long time, does not bear any losses or punishments. Moreover, his unaccompanied vacation does not burn out, it is carried over to subsequent periods and is fully compensated for by money upon dismissal.

How vacation is measured – 28 calendar days or workers?

The labor code prescribes the duration in calendar days, that is, all weekends that fall on vacation time are included. This does not include non-working holidays.

Any employed citizen has the right to rest 28 calendar days, both in one period and in parts, the main thing is that one indivisible part has a minimum duration of 14 calendar days, and the next 14 days can be divided according to the needs of the employee. Also, the employee has the right to take a walk on the rest at any time, if during the rest he was recalled to work.

An employee who combines two jobs must be granted leave in an additional place according to the vacation schedule at the main enterprise, while if he has not worked for six months, he is given days for rest in advance.

Important: according to the law, any employer has the right to provide rest in advance, while such a period must be provided in full and with full payment. However, if the employee does not fulfill the due date, he will have to return the paid vacation pay in advance upon dismissal -.

Who is entitled to extended paid leave

According to the law, the vacation period cannot be less than 28 calendar days, but it can exceed this period on a legal or contractual basis. An extended rest period is assumed:

Minors - up to 31 days;
Disabled people of any group - up to 30 days;
Employees of child care institutions - up to 42 days;
For employees educational institutions- from 42 to 56 days;
Prosecutors and investigators - from 30 days.

Also, the vacation is extended in the presence of special valid cases:

Illness of an employee during vacation, if there is a corresponding certificate;
Execution of public duties;
Other cases provided by law.

In addition, employees are entitled to a long-term release from duties:

The Far North and equivalent territories;
Workers in hazardous and heavy work - underground and mining activities, in areas of radioactive contamination;
With irregular working hours - the extension of the duration of the rest period is from 3 days, if they are not provided, then all hours in excess of the norm are considered overtime -;
Occupying places in an enterprise with specific features.

Minimum duration for various categories of workers - table

Duration of vacation for civil servants

Since 2016, the duration of vacation time for civil servants began to be calculated in accordance with the new requirements. Vacation for civil servants in senior and major positions was reduced from 35 to 30 days, which means that regardless of the position, all civil servants will have the same rest time.

There have also been changes in the calculation of seniority leave for civil servants, now:

1 day is added to a civil servant for a period of work from 1 to 5 years;
With work experience from 5 to 10 years, plus 5 calendar days is required;
With an experience of 10 - 15 days, 7 days are added;
From 15 and more - 10 days of additional rest.

Important: now the duration of the leave of a civil servant is 40 days with the maximum length of service.

In 2017 - 2018, for irregular working hours, government officials are entitled to an increase in vacation according to general requirements- 3 days.

Duration of teachers' rest

The legislation establishes that an employee of educational institutions, depending on the specifics of the institution, has the right to a long vacation from 42 to 56 days with the preservation of a place and wages.

Wherein:

Teachers of educational institutions and related types are entitled to an annual paid vacation of 56 calendar days;
42 days are supposed to be provided in organizations and enterprises social educators, educators, music directors;
For senior educators, the duration of the leave should be calculated according to the scope of their duties and the requirements of Appendices 2 and 4 of Resolution No. 724 should be taken into account;
Other service personnel leave of 28 calendar days is supposed.

If the teacher is provided annual vacation in the first working year, then it must be in full and with full pay.

In case of an irregular schedule, it is necessary to provide at least 3 additional days in addition to the main rest period.

All employees and specialists who fill jobs in accordance with an employment contract are entitled to the main annual paid leave, the duration of such leave depends on the terms of the collective agreement and legislative norms, but it cannot be less than 28 calendar days a year.

Questions and answers

Question 1: An employee has been hired for a position for which a standard rest period is set at 28 days. After 3 months, he was transferred to a position where 5 additional days off are paid. How can an employee be provided with rest?

Answer: It is necessary to calculate the working years for obtaining leave separately for the main and additional rest.

Question 2: How is vacation measured - in calendar days or in workdays?

Answer: Always in calendar days - both main and additional paid. All figures indicated in the Labor Code of the Russian Federation are expressed in calendar days.

Question 3: I want to take one day of my main vacation. Is that possible?

Answer: Possibly in agreement with the management. The main rest is planned by the employer in advance, the possibility of splitting into parts is also taken into account in advance before the new year. Therefore, this issue needs to be clarified with the employer, the Labor Code of the Russian Federation is allowed to break up the rest and take it in any parts, one of which is at least 14 days.

Question 4: I am a disabled person of group 2, how many days of vacation am I entitled to?

Answer: 30 calendar days for each working year.

Question 5: I am a retiree, am I eligible for additional paid vacation days in addition to the standard length?

Answer: No, paid ones are not allowed. A working pensioner can take days off at his own expense up to 14 calendar days, the employer has no right to refuse.

Question 6: I am going on vacation on March 1, 2018 for 21 calendar days. When should I go to work?

Answer: In March 2018, there are 2 days off public holidays - March 8 and March 9, to which the public holiday on January 9, 2018 has been moved. Therefore, the vacation is extended by 2 days, you need to go to work on March 24, since it is Saturday, which means that the first working day is March 26, 2018.

Ask your question in the comments and get an answer for free!

Thanks in advance.

Answer

06.04.2012

In Russia, Convention No. 132 of the International Labor Organization "On Leave with Pay" is now in force. What are its main innovations, will the duration of the leave and the procedure for granting it change?

Convention No. 132 was ratified by the Russian Federation in July 2010 and entered into force in September 2011. Its original version was adopted by the ILO (a specialized agency of the United Nations) back in 1936.

In a sense, for us, Convention No. 132 is a passed stage. The fact is that, according to one of its main provisions, annual paid leave in no case can be less than three working weeks for one year of work (paragraph 3 of article 3 of the Convention).

Step back?

In our country, the Labor Code of 1971 provided that the annual leave is 24 working days plus 4 days off. According to the current Labor Code of 2001, the duration of the annual leave is 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). Why, then, the Convention was ratified by our country more than 40 years after its adoption by the ILO?

The problem was the rules for dividing the leave into parts and transferring the unused part of the leave to subsequent years. According to the Convention, the division can be authorized by the competent authority of the country party to the Convention, but the duration of one of the parts cannot be less than two continuous working weeks (Article 8 of the Convention).

There was no such provision in the Labor Code, and its introduction did not seem expedient. This is due to the fact that in the conditions of the command-administrative economic system, the division of leave and its use by workers in different periods of the working year did not correspond to the interests of enterprises and institutions.

Labor and the ILO

It is interesting to note that out of 183 countries participating in the ILO, only 35 countries have acceded to Convention No. 132 at the moment. These do not include countries such as the USA, Canada, France, Great Britain, etc.

In addition to Russia, some developed European countries have joined the Convention - Germany, Italy, Spain, Sweden. In addition, developing countries such as Yemen, Malta, Armenia, Ukraine and others are also participants.

Most developed countries are not ready to put a strict requirement for businesses to provide workers with at least three weeks of paid leave. On the other hand, it is important for the leading countries of the world economy to maintain mutual understanding with the world community on social and labor issues and avoid possible sanctions.

Convention and Labor Code

Before discussing the most important provisions of the Convention, let's consider the issue of its relationship with the current domestic legislation, in particular, the Labor Code. The documents are similar in many ways, however, as we will see later, there are some differences. In addition, the question arises: will the Labor Code apply or does the Convention take precedence?

ILO Convention No. 132 by its legal nature is an international treaty of the Russian Federation. Consequently, by virtue of Part 4 of Art. 15 of the Constitution of the Russian Federation, the Convention is part of legal system. And if an international treaty establishes rules other than those provided by law, then the rules of the treaty apply. Consequently, the Constitution establishes the priority of conventions over domestic law.

Reading the charter

At the same time, it should be noted that our country is a member of the ILO and, therefore, the provisions of the Charter of this organization (adopted in 1919) apply to it. It contains the important clause that ratification of any convention by any member of the ILO should not be considered as affecting any law, judgment, custom or agreement that provide more favorable conditions for workers than those provided for by the convention (paragraph 8 of article 19 of the Charter).

Thus, in the event of a conflict between the provisions of Convention No. 132 (as well as any other ILO convention) and the Labor Code, the Convention is not applicable if it worsens the situation of workers in comparison with the Labor Code.

Provision of annual leave

As already noted, according to the Convention, the minimum duration of leave is three working weeks for one year of work (paragraph 3. of Article 3 of the Convention). In this case, the term "year" means a calendar year or any period of the same duration, determined by a member state (paragraph 2 of article 4 of the Convention).

In Russia, the concept of a "working year" is used, when the length of service is calculated from the date of the conclusion of an employment contract with him. For example, if an employee is hired on November 1, 2011, then it is from this date that the years of his work in this organization will be counted.

The provisions of paragraph 1 of Art. 4 of the Convention provide the following. If the duration of the employee's employment is less than that required to acquire the right to full vacation, then the employee still has the right to go on vacation for that year and its duration should be proportional to the time worked.

The current Labor Code does not provide for proportional leave. Therefore, the right to use the vacation arises only after 6 months of continuous work (part 2 of article 122 of the Labor Code of the Russian Federation). Consequently, the provisions of the Convention provide workers with broader rights.

Holidays and weekends

The convention provides that public and national holidays and non-working days, regardless of whether they fall on the period of annual leave or not, are not counted as part of the annual leave (paragraph 1 of article 6 of the Convention). The Labor Code only mentions that non-working holidays falling on the vacation period are not included in the number of calendar days of vacation (part 1 of article 120 of the Labor Code of the Russian Federation).

Thus, the wording of the Convention is broader and creates more favorable conditions for the worker, since it also includes non-working days, which may be, for example, weekends. This is quite an important provision, since in practice employers often include adjoining days off on the employee's vacation days.

For example, if an employee goes on vacation for a week and in the application indicates 5 calendar days excluding weekends - from Monday to Friday - the employer also adds Saturday and Sunday as vacation days. It turns out that the employee used 7 days of vacation.

Employer's rights

The timing of the leave is also sometimes a difficult issue for agreement between the employer and the employee.

The Convention stipulates that the time for granting leave, unless otherwise specified, determined by the employer after consultation with the employee or his representatives (clause 1 of article 10 of the Convention). At the same time, the needs of the enterprise for labor force and recreation opportunities available to the employee (paragraph 2 of article 10 of the Convention).

The Russian Labor Code similarly stipulates that the vacation schedule approved by the employer(emphasis by the author) taking into account the opinion of the primary authority trade union organization(part 1 of article 123 of the Labor Code of the Russian Federation). Thus, both documents provide for the employee's right to leave, which is limited by the employer's right to determine the time of its use (with the exception of certain categories of workers who are granted leave at their request at a time convenient for them).

At the same time, the Convention, in contrast to the Labor Code, provides for factors that must be taken into account when determining the time for granting leave. These are, on the one hand, the production interests of the employer, and on the other, the opportunities for the employee's rest.

Divide and rest

The Convention allows for the possibility of dividing annual paid leave into parts (part 1 of article 8 of the Convention). In this case, one of the parts of the leave must be at least two continuous working weeks (part 2 of article 8 of the Convention).

Similarly, the Labor Code provides that, by agreement between the employee and the employer, annual paid leave can be divided into parts, at least one of which cannot be less than 14 days (part 1 of article 125 of the Labor Code of the Russian Federation). Moreover, according to Part 1 of Art. 124 of the Labor Code of the Russian Federation, in exceptional cases when the granting of vacation may adversely affect the work of the organization, it is allowed to postpone the vacation (including the entire vacation) to the next year.

The Convention, however, assumes that at least two weeks of vacation must be used in the current year (paragraph 1 of Article 9 of the Convention). It should be noted that in practice, the transfer of vacation to the next year is not always associated with production needs. Quite often, for various reasons, the employee asks the employer to postpone the vacation to the next year or provide monetary compensation.

Using the remainder of your vacation

One of the important innovations of the Convention was the following provision. The remainder of the annual leave not used in the current year can be used no later than 18 months after the end of the year for which it is granted. For example, if an employee is hired on November 1, 2011, then in the first working year (before November 1, 2012) at least 14 vacation days must be used, and the remaining days - no later than May 1, 2014.

In this regard, there was a fear that workers would lose the right to use the remainder of leave after the indicated 18 months, including those that had accumulated by the time the Convention entered into force. However, Russian law provides in this case broader guarantees to employees, since Part 1 of Art. 125 of the Labor Code does not establish a time limit for the use of the remainder of the leave.

Transfer rules

There are only two exceptions to this rule.

Firstly, if the vacation is postponed to the next year: since the absence of an employee can adversely affect the work of the organization (part 1 of article 124 of the Labor Code of the Russian Federation), the vacation must be used within 12 months after the end of the working year for which it is granted ...

And, secondly, in a similar way: if an employee is recalled from vacation, the unused part of the vacation must be granted during the current working year or added to the vacation for the next year (part 2 of article 125 of the Labor Code of the Russian Federation).

Extended leave

The Labor Code, in addition to the annual basic leave for certain categories of employees, provides, in particular, an extended basic leave, the duration of which exceeds 28 calendar days (part 2 of article 115 of the Labor Code of the Russian Federation). In addition, there are additional paid vacations (Article 116 of the Labor Code of the Russian Federation).

The convention, however, assumes something different. Namely: any part of the annual leave in excess of the established minimum duration (for Russia, according to the clause, this is 28 calendar days) can be postponed for a period exceeding 18 months, but not exceeding certain separately established limits (paragraph 2 of Article 9 of the Convention) ... It should be noted that the specified limits are not currently established by the Labor Code. Consequently, the remnants of extended leave exceeding 28 calendar days and additional leaves can be used even after 18 months have passed after the end of the year for which the corresponding leaves were granted.

Waiver

The Convention explicitly prohibits (invalidates) agreements on the waiver of the right to a minimum annual paid leave (Article 12 of the Convention). Apparently, this provision should be interpreted as a waiver of the employee's right to leave in principle (not in a specific year), fixed in an agreement with the employer.

In Russia, the employee's right to annual basic leave, the duration of which is determined by law, is enshrined at the level of the Constitution (part 5 of article 37). That is, an agreement on the waiver of the right to leave is also considered invalid as restricting constitutional human rights.

Interestingly, the Labor Code provides that failure to provide annual paid leave for two consecutive years is prohibited (part 4 of article 124 of the Labor Code of the Russian Federation). That is, an employee can refuse to take leave for one reason or another, but not more than two years in a row.

Financial compensation

In Art. 12 of the Convention invalidates an agreement on non-use of vacation with its replacement in cash or other form. From the point of view of the above provisions of the Constitution, such an agreement is also invalid.

At the same time, the Labor Code allows that part of the annual paid leave exceeding 28 calendar days can be replaced with monetary compensation. Similarly, when summing up (transferring) annual paid vacations, monetary compensation can replace a part of each of the vacations exceeding 28 calendar days, or any number of days from this part (parts 1, 2, article 126 of the Labor Code of the Russian Federation).

According to Part 1 of Art. 127 of the Labor Code of the Russian Federation, upon dismissal, the employee is paid financial compensation for all unused vacations... In practice, the interpretation of this provision can be difficult. It is not entirely clear whether the legislator had in mind unused vacation time (for example, in the case of recall from vacation - 1 year), or unused, regardless of such a period.

Innovations

Thus, Convention No. 132 contains a number of innovations that improve the position of workers in comparison with the Labor Code. These are, in particular, the provisions on proportional leave (paragraph 1 of article 4 of the Convention), the exclusion of days off from the duration of the vacation (paragraph 1 of article 6). It is also important to clarify that when granting leave, it is necessary to take into account not only the industrial interests of the employer, but also the opportunities for rest available to the employee (paragraph 2 of article 10).

Since the Convention, after its ratification, became part of the legal system Russian Federation, employees have the right to refer to its provisions when protecting their labor rights, for example, in court. The provision obliging the employee to use the remainder of the vacation within 18 months after the end of the year for which he was granted (clause 1 of Article 9 of the Convention) is not applicable until the appropriate amendments are made to the Labor Code.

The legislator is in no hurry to bring the provisions of the Labor Code on paid leave in line with the Convention. Consequently, until the relevant amendments are made to the Labor Code, the guarantees for employees in respect of vacations will not be narrowed.

Employees are provided with annual leave with preservation of their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

The main annual paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leaves are granted to workers employed in jobs with harmful and (or) dangerous conditions labor, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is granted to employees engaged in work with harmful and (or) hazardous working conditions: in underground mining and open pit mining in open-pit mines and quarries, in areas of radioactive contamination, in other work associated with adverse effects on human health. physical, chemical, biological and other factors.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The minimum duration of additional annual paid leave for employees engaged in work with harmful and (or) hazardous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees who are assigned an additional annual paid leave for a special nature of work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The procedure and conditions for the provision of annual additional paid leave to employees with irregular working hours in organizations funded from federal budget, are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments.

Article 120. Calculation of the duration of annual paid leaves

The duration of the annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit. Non-working holidays falling on the period of the main annual or additional annual paid leave are not included in the number of calendar days of the leave.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When calculating the total duration of the annual paid leave, additional paid leaves are added to the annual basic paid leave.

Article 121. Calculation of the length of service giving the right to annual paid leave

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to an annual basic paid leave, includes:

actual work time;

the time when the employee did not actually work, but for him in accordance with labor legislation and other regulatory legal acts containing norms labor law, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including the time of annual paid leave, non-working holidays, weekends and other days of rest provided to the employee;

time forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at the previous job;

the period of suspension from work of an employee who has not passed the mandatory medical checkup(examination) through no fault of their own;

the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

(the paragraph was introduced by the Federal Law of 22.07.2008 N 157-FZ)

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to annual basic paid leave, does not include:

the time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. - Federal Law of 22.07.2008 N 157-FZ.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) hazardous working conditions, includes only the time actually worked under the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises from the employee after six months of his continuous work with of this employer... By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided:

women - before or immediately after maternity leave;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the sequence of granting annual paid leave established by the employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 123. Priority of granting annual paid leaves

The sequence of granting paid vacations 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 onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before its start.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, he shall be granted annual leave during the period when his wife is on maternity leave, regardless of the time of his continuous work with the given employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

temporary disability of an employee;

fulfillment by the employee during the annual paid leave of public duties, if the labor legislation provides for exemption from work for this;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

in other cases provided for by labor legislation, local regulations.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

In exceptional cases when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited.

Article 125. Division of annual paid leave into parts. Vacation recall

By agreement between the employee and the employer, the annual paid leave may be divided into parts. Moreover, at least one of the parts of this leave must be at least 14 calendar days.

The recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be provided at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year.

The recall of workers under the age of eighteen years, pregnant women and workers employed in work with harmful and (or) dangerous working conditions is not allowed.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to substitute monetary compensation for the basic annual paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions for work in appropriate conditions. (except for the payment of monetary compensation for unused leave upon dismissal).

Article 127. Exercise of the right to leave upon dismissal of an employee

Rostrud letter dated 09.09.2010 N 2725-6-1 informed that prior to the entry into force of Convention N 132 of the International Labor Organization "On paid vacations", the provisions of this article continue to apply that upon dismissal the employee is paid monetary compensation for all unused vacations.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation enshrined in the Labor Code of the Russian Federation to formalize the dismissal and settle with the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation from 25.01.2007 N 131-O-O).

At the written request of the employee, unused vacations can be provided to him from subsequent dismissal(except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of vacation is also considered the day of dismissal.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the vacation, if another employee is not invited to his place by way of transfer.

Article 128. Unpaid leave

By family circumstances and others valid reasons the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application from the employee, to provide unpaid leave:

participants in the Great Patriotic War- up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of childbirth, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Vacation registration is a long-awaited event awaiting most of the company's employees.

Knowing all the nuances of providing, you can protect your rights and take advantage of all the benefits.

Normative base

The main document regulating these relations is the Labor Code of the Russian Federation:

Art. 123 "Procedure for the provision of the next paid vacation";
Art. 124 "Information on the extension or postponement of vacations";
Art. 125 “The ability to divide the rest into parts or combine. Recalling an employee to work ";
Art. 106 "The concept of time and rest";
Art. 139 "The right of the company to establish the timing of the settlement period";
Art. 181 (clause 1) "Severance benefits and compensation to employees in certain cases of termination of employment contracts."

The laws:

Regulation No. 922 "Features of the calculation average salary personnel ";
Law No. 56-FZ "On Insurance Contributions to the Pension Fund and State Support for the Creation of Pension Savings."

Local regulations:

collective agreement (provision of additional paid leave);
civil contract (required when going to work while on vacation).

You can download the texts of the documents on our website:

Which employees are entitled to take leave?

Citizens engaged in legal labor activities on the territory of the employer can take paid leave once a year with the preservation of wages.

The duration is 28 days. For some professions, the term is longer.

Features of the considered type of rest:

the place of work is saved;
the position is retained;
the average wage remains.

The main condition is work experience in specific organization more than six months.

If it is necessary to go on vacation earlier, the decision is agreed with the management.

Vacation types

All vacations of the Labor Code of the Russian Federation are divided into two groups: paid and unpaid.

The first includes:

- for those working in extreme conditions;
- provided to a pregnant employee;
- drawn up at the request of the woman.

Unpaid leave is granted at any time upon submission of an application.

This is usually associated with an important event in the employee's life.

Granting leave under the Labor Code of the Russian Federation (2015)

Basic labor leave provided on the basis of approved director general at the end of the year, as evidenced by the legislation of the Russian Federation (document No. 1 "Regulatory framework).

The duration can be different, as indicated in the table.

The set of prepared documents depends on the type of rest, usually the employee is required to:

a statement containing the dates of absence and the reason for the leave;
informing about the pregnancy of the employee and the approximate date of birth (for issuing a decree);
a certificate from the university about the beginning of the session (for study leave).

The procedure for granting leave according to the Labor Code of the Russian Federation:

The employee submits an application, which indicates the name of the organization and other necessary information.
The document is reviewed and signed by the CEO.
In accounting, specialists calculate and pay vacation benefits.

Example 1:

An employee of the Skyscraper company K.L. Snegirev is going to take out an annual paid vacation. The planned dates of absence are 07/27/15 - 08/03/15.

He needs to make something like this:

Example 2:

Sales department specialist I.V. Kostin, who works at Mechta LLC, wants to go on unpaid leave. The absence period is 09/14/15 - 09/28/15.

The compiled document looks like this:

The CEO must sign the document and draw up that the employee goes on vacation.

Temporarily carried out for another specialist.

Notes are made in the report card, depending on the type of leave provided.

Detailed information is presented in the table.

The code		Vacation type
Digital	Literal	Vacation type
14	FROM	main paid
15	OD	additional, stipulated by the legislation of the Russian Federation
16	Have	provided in connection with employee training (paid)
18	UD	issued in connection with the completion of training courses (unpaid)
19	R	for pregnancy and childbirth
20	OCH	child care (partial)
21	Coolant	childcare (no monetary compensation)
22	BEFORE	additional, without pay
24	OZ	stipulated by the legislation of the Russian Federation

What documents are needed for registration of a vacation under the Labor Code of the Russian Federation depends on the type of vacation.

So, when an employee goes on maternity leave, she should attach:

a certificate of incapacity for work from the antenatal clinic;
baby's birth certificate;
application for parental leave (if necessary).

If an employee needs additional leave, he must collect documents confirming such a right:

certificate of a war veteran or a participant in the Second World War;
birth (death) certificate or sickness certificate of a relative.

Can I work on vacation?

Those who wish to receive the maximum amount of money often conclude fixed-term contracts with other organizations, sacrificing their vacation. Such an action is illegal, but is there a violation when going to work in your own organization?

The Labor Code does not prohibit the conclusion of a civil contract during the rest period.

Based on the legislation (document No. 4 from " Regulatory framework») Vacation - free time from fulfilling labor obligations, so the employee has the right to independently make a decision.

However, such a situation may interest the State Labor Inspectorate, whose specialists can check:

internal daily routine;
methods of remuneration;
the content of a civil contract on the similarity with the main labor duties;
rewards.

If violations are found, claims are made by the labor and tax inspectorates.

You can work during vacation only if the employee does not perform his direct duties.

Exercise of the right upon dismissal

The employee who is about to terminate labor contract with the organization and did not take advantage of the days of rest, can:

receive ;
issue;
withdraw the letter of resignation before the onset of the vacation, even if another person has already come to replace it.

Federal Law No. 56-FZ added a new clause to Art. 181 of the Labor Code of the Russian Federation, which regulates that a resigning employee is not entitled to severance pay, compensation and other payments if the reason becomes disciplinary action for guilty actions (inaction).

Features of calculating vacation pay

The calculation of the main vacation according to the TKRF (2015) is carried out on the basis of the following indicators:

the duration of the billing period;
wages for the billing period;
the size of the average salary.

The first indicator is determined based on the number of days and months worked by an employee at the enterprise and can be equal to:

12 months - if labor activity carried out for more than a year;
actually worked time;
the period specified in the collective agreement (based on Article 139 of the Labor Code of the Russian Federation).

When calculating, the accountant should exclude the following days:

receiving average earnings;
being on sick leave or on maternity leave;
unpaid leave.

After determining the settlement period, it is necessary to determine the value of the average wage per day.

The result depends on how much the employee has worked during this time:

Completely - the calculation is carried out according to the formula:

Average daily earnings = (Salary accrued per settlement transfer) / (12 months) ∶29.3

Incomplete - the indicator is determined based on the number of days worked:

Average daily earnings = (Salary accrued for settlement transfer) / (Calendar days)

Calendar days = (DNIre.month. + DNI.dep.) ∶29.3, where

DAYNap. - the number of days in fully worked months

DAYS cal. - the number of days in an incompletely worked month.

When the average daily wage is known, the amount of vacation pay is determined by multiplying this indicator by the number of days of rest:

Vacation = Average daily earnings x vacation days

Example:

Employee of the company "Mobile Master" D.I. Likhachov, a visiting computer repairman, is going to go on annual paid leave from 09/14/15 to 10/22/15. He has been with the organization for 4 years. How to properly fill out an application and how much vacation pay is he entitled to?

Determine the amount of vacation pay for TV. Skvortsov according to the following scheme:

The settlement period is 12 months, since the foreman has been working at the enterprise for 4 years (the last period was fully worked out).

According to the "Personnel accounting" program, the salary for the accrued period is 648 thousand rubles.

Further calculations:

Average daily earnings = (648,000) / (12 months) ∶29.3 = 1,843 rubles.

Specialist allowance:

RUB 1843 x 28 days = RUB 51604

How is the accrual of vacation pay? Skvortsov on accounting accounts, shown in the table.

Wiring	Amount, rub.	What does
D-t 20 K-t 70	51604	Accrual of vacation pay to the main employee of the enterprise
D-t 70 K-t 68	51604 x 0.13 = 6708.5	Withholding personal income tax
D-t 44 K-t 69	51604 x 0.22 = 11 353	Insurance contributions to the Pension Fund of the Russian Federation, FSS, MHIF
D-t 70 K-t 50	51604 – 6708,5 = 44 895	Payment of benefits from the cash desk of the enterprise

The numerical value of the debit differs depending on the category of the employee to whom the vacation is issued:

Dr 26 - chief accountant;
D-t 23 - workers in auxiliary production.

Detailed information is contained in the PBU or chart of accounts.

Is it possible to replace vacation with compensation?

Annual paid vacation, or part of it, can be replaced by a cash payment, but in practice it is not so simple.

The outcome largely depends on the current situation.

Based on Art. 126 and 127 of the Labor Code of the Russian Federation, compensation is provided in two cases:

Annual leave exceeds 28 days. Teachers, disabled people, workers of the Far North and other people working in dangerous conditions can count on the payment.
Upon dismissal of an employee - cash provided in mandatory if the vacation has not been used. The accountant calculates the exact number of legal rest days and makes the appropriate calculations.

Providing and paying for vacations only from the outside seems simple.