Every employee has the right to leave. However, today many employers violate the rights of their employees. That is why it is extremely important to know what you are supposed to do as part of your work activity. Let's look at the intricacies of providing leave and the conflicts that may arise between employees and employers.
Features of granting holidays
According to article 122 of the Labor Code of the Russian Federation, after 6 months of continuous work, the employee receives the right to leave. Just keep in mind that you get the RIGHT, but this does not mean that the manager is obliged to give you leave this very minute. Your right can be exercised until the end of the year, according to the vacation schedule, if available in the company.
At the same time, if we talk about how many months vacation can be granted, it is worth noting that you can always agree with your superiors and take a vacation of the previously worked 6 months. But, of course, it all depends on whether the leader will meet you halfway, since he is not obliged to do this. In any case, you can receive leave no later than 11 months during which you continuously worked in the company.
If we talk about the provision of leave in the second and subsequent years, then theoretically, it can indeed be provided at any time. However, there is such a thing as a vacation schedule, which is drawn up 2 weeks before the end of the year. Up to this point, employees must notify their superiors of when they would like to go on vacation.
Other nuances
It has been established that after 6 months of continuous work in the company, an employee can receive not 14, but 28 days of rest, although people usually unknowingly mention the first option. By the way, the employer is at great risk of vacation pay, as the employee may not return from vacation.
The new norms establish that a mandatory part of the annual paid leave is a period of at least 14 days. The rest of the days can be taken in parts.
As for the payment of vacation pay, a period has been set for this, which is no later than three days before the start of the vacation itself.
What to do if your rights are violated?
Quite often you can hear that the employer does not give the employee a vacation. What to do in this case? First of all, understand that this is a direct violation of your rights. So, according to part 2 of article 122 of the Labor Code of the Russian Federation, there are categories of employees to whom the employer is obliged to provide time for rest (vacation) after 6 months of work:
women, before or after maternity leave;
· underage workers;
employees who have adopted a child under the age of 3 months.
If these categories of citizens are denied leave after 6 months of work, then this is the basis for the employee to independently exercise his right to leave. In any case, it is required to submit an appropriate application addressed to the head and notify him of going on vacation.
I would also like to talk in more detail about such a concept as a vacation schedule. If not, then this should be considered as giving employees the right to independently determine the time that is most suitable for them for vacation. In such cases, if the employer does not agree that the employee wants to go on vacation this particular month and that particular day, this cannot be considered an obstacle to the exercise of the right to leave. The employee exercises this right on his own, having previously submitted an appropriate application addressed to the head (this is done in 2 weeks). Accordingly, if there is a vacation schedule, it will have to be followed. Remember your rights!
Every person working under an employment contract has the right to leave (part 5 of article 37 of the Constitution of the Russian Federation, article 21 of the Labor Code of the Russian Federation). Vacation refers to the rest time of the employee, i.e. during this period he is released from the performance of his labor duties and has the right to use this time as he sees fit (Articles 106, 107 of the Labor Code of the Russian Federation).
Paid leave is provided to the employee annually (Article 122 of the Labor Code of the Russian Federation). For the period of the next vacation under the Labor Code 2019, the employee retains his place of work (position), as well as average earnings (Article 114 of the Labor Code of the Russian Federation). That is paid vacation at the expense of the employer.
Paid leave must be granted to an employee regardless of his place of work, shift, form of remuneration, position held, term of the employment contract, legal form of the employer, etc. Therefore, vacations are provided, among other things, to those who work:
- part-time (Article 287 of the Labor Code of the Russian Federation);
- on a part-time basis (Article 93 of the Labor Code of the Russian Federation);
- at home (Article 310 of the Labor Code of the Russian Federation);
- remotely (Article 312.4 of the Labor Code of the Russian Federation).
At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).
Annual paid vacation: how many days
The duration of the annual main paid leave in the general case should be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But there are categories of workers who are supposed to:
- (for more days);
- provided in addition to the main one.
Another paid vacation: the procedure for its provision
As a general rule, in accordance with the Labor Code of the Russian Federation, annual paid leave is granted to an employee for each of his working years. Such a year is counted from the date the employee enters work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).
As for the first year of work with a new employer, the employee has the right to use the leave after 6 months. But in agreement with the management, a newly minted employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).
The next paid leave can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the calendar year, that is, no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).
If the employee is going on vacation according to the schedule, then it is not necessary to take an application from him for the next vacation. In this case, it is necessary 2 weeks before the start of the employee's vacation or earlier, send him a notice of vacation against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide how to notify the employee (Letter of Rostrud dated July 30, 2014 No. 1693-6-1). For example, a notification might be written like this:
Limited Liability Company Kaleidoscope LLCTo Leading Engineer Kungurov I.S. Notification dated 05/08/2019 No. 2
We would like to inform you that in accordance with the vacation schedule approved for 2019, from May 27, 2019, you are provided with the main annual paid leave for 14 calendar days. Start date is June 10, 2019.
Head of the personnel department Petrenko O.N.
Notification received on 08.05.2019 
Kungurov I.S. In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in the form No. T-6 or No. T-6a, respectively ().
Paid vacation must be no later than 3 days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).
Another vacation in personnel forms
In the time sheet in the form of No. T-12 or No. T-13 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1), vacation days are marked with the letter code "OT" or the digital code "09".
Also, a mark on the employee's vacation must be reflected in section VIII of the employee's personal card in the form No. T-2 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).
vacation application form
If your employee is going on vacation not according to the schedule, then he must write a vacation application addressed to the head of the company. The text of the application often begins with the words "I ask you to grant me another paid vacation ...". But the vacation period itself can be specified in different ways:
- from a specific date for a specific number of days;
- from one date to another date.
Both of these options are acceptable. But if holidays fall within the vacation period, then the number of vacation calendar days used can be .
A sample leave application (annual) can be found in a separate article.
Mandatory leave
Due to production needs or for other reasons, the employee may not use his vacation during the year. In this case, the accumulated vacation days are carried over to future periods. But for two consecutive years, paid leave under the Labor Code must be provided to the employee without fail. In addition, it is prohibited not to provide leave during the year to employees under the age of 18, as well as to persons employed in work with dangerous (harmful) working conditions (Article 124 of the Labor Code of the Russian Federation).
When should annual paid leave be extended or rescheduled?
The Labor Code of the Russian Federation provides for several cases when the vacation must be extended or postponed, taking into account the wishes of the employee. This applies to situations where an employee during annual leave (Article 124 of the Labor Code of the Russian Federation):
- sick or injured. At the same time, benefits for days of temporary disability are paid to the employee in the general manner (Letter of the FSS of the Russian Federation dated 05.06.2007 No. 02-13 / 07-4830);
- performed state duties, in which the legislation provides for exemption from work. For example, he was a juror in court (Article 10, paragraph 3 of Article 11 of the Law of August 20, 2004 No. 113-FZ).
If an employee, while on vacation, immediately notified his employer about his illness or the performance of his state duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on regular and additional holidays, approved by the USSR Tax Code on April 30, 1930 No. 169) . In this case, a separate extension order is not required. As a result, the employee will return to work later than the originally set end date for the vacation.
If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then the issue of postponing part of the vacation for another period will need to be agreed with him. The employee will have to write an application for the postponement of the vacation.
By the way, if the sick leave was issued in connection with the need to care for a sick family member, then the leave for the period of incapacity for work is not extended and not transferred (clause 40.41 of the Order to the Order of the Ministry of Health and Social Development of Russia dated 06/29/2011 No. 624n, Letter from Rostrud dated 06/01/2012 No. PG/4629-6-1).
Other cases of transfer of vacation
As mentioned above, the worker:
- not later than 2 weeks before the start of the vacation must be notified about it;
- not later than 3 days before the start of the vacation must receive the vacation payments due to him.
If these requirements are not met, the employer, at the written request of the employee, will have to postpone the originally planned vacation for a different period agreed with the employee (Article 124 of the Labor Code of the Russian Federation).
Also, vacation must be postponed if the employee, due to production needs, agreed not to go on vacation in the current working year, or was recalled from vacation.
Payment of leave to employees for income tax purposes
Payment of vacation days for employees is taken into account for the purposes of taxation of profits as part of labor costs (clause 1, article 252, clause 7, article 255 of the Tax Code of the Russian Federation). We are talking about vacation pay, paid in accordance with the legislation of the Russian Federation. So this is the payment:
- main annual leave (regular or extended);
- additional annual leave granted to certain categories of employees;
- study leave, for the period of which the employee retains average earnings (Articles 173-176 of the Labor Code of the Russian Federation, clause 13 of Article 255 of the Tax Code of the Russian Federation).
But if, in accordance with a collective agreement or a local regulatory act, your employees are on vacation for a longer time than is established by law, payment for additional vacation days is not recognized as an expense (clause 24, article 270 of the Tax Code of the Russian Federation).
In addition, the payment of additional leave provided to an employee for the sanatorium treatment of an industrial injury or occupational disease is not taken into account in expenses (clause 3, clause 1, article 8, clause 10, clause 2, article 17 of the Law of July 24, 1998 No. 125- FZ). Since these amounts are subsequently compensated at the expense of the FSS: they are credited to the payment of insurance premiums against industrial accidents and occupational diseases in the FSS or can be reimbursed from the fund.
Holiday pay for employees: personal income tax and insurance premiums
Vacation pay paid to employees in connection with their annual paid leave is subject to personal income tax (clause 6, clause 1, article 208, clause 1, article 210 of the Tax Code of the Russian Federation), since this is the income of employees. Actually for the same reason, tk. vacation pay is a payment to an employee within the framework of an employment relationship, insurance premiums must be accrued from their amount (
When is vacation time at a new job? As a general rule, an employee has the right to ask for leave after 6 months of work in accordance with the Labor Code (Article 122 of the Labor Code of the Russian Federation). We are talking about 6 months of continuous work with one employer. True, the employer may refuse to provide the employee with such leave, for example, due to production needs. But in any case, during the first working year, the employee will have to be allowed to go on vacation at least once. A working year is a year counted from the first day an employee works for a particular employer.
On the other hand, if there is someone to replace the future vacationer, then the first vacation can be granted to the employee before the expiration of the specified 6 months. This is decided by agreement with the employer.
In addition, there are categories of workers to whom the rule of six months' work does not apply at all. Before the expiration of 6 months, the first leave after getting a job on the basis of an employee’s application must be granted (Article 122 of the Labor Code of the Russian Federation):
- employees under the age of 18;
- women - before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation, clause 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 01/28/2014 N 1);
- employees who have adopted a child under the age of 3 months;
- husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- one of the parents (guardian, guardian, foster parent) who is raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
- some other employees, not only on the basis of the Labor Code of the Russian Federation, but also other regulatory legal acts.
So the answer to the question of how much you need to work out to go on vacation is not so unambiguous.
Vacation schedule: when is vacation due for new employees
As you know, the order in which vacations are granted to employees is determined by the vacation schedule. It must be drawn up no later than December 17 of the current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).
If at the end of the year you have an employee who has been with the organization for less than 6 months, then when you are scheduling, you should plan for a vacation for him during his first year of work. And if it turns out that he has the right to go on vacation before the expiration of six months of work (as in the case when a husband asks for a vacation during his wife's pregnancy), then it will be necessary to make changes to the schedule.
Length of first vacation
If the first vacation is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, the annual paid leave of an employee must be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months according to the Labor Code and for a longer period, because the provision of vacations in advance is not prohibited. Therefore, this issue in practice is resolved again by agreement between the employee and the employer.
At the same time, it must be taken into account that the employee may quit before the end of the working year for which he has already used the vacation. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional holidays, approved by the USSR Tax Code on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, it is not always possible for employers to keep debts from employees in full.
Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid
How is vacation granted in the first year of employment? It is clear that at the request of the employee and in agreement with the employer. How are holidays calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for the 12 calendar months preceding the month of the vacation.
And when calculating vacation pay in the first year of work, the calculation period is taken from the first day of work of a recently hired employee to the last day of the month preceding the month the vacation began. And the average daily earnings are calculated.
Every worker needs a rest, even the most hardworking. During this time, a person gains strength and acquires positive emotions, which has a beneficial effect on his future ability to work. Citizens need vacation periods in connection with pregnancy and raising a child and vacations necessary for personal reasons at their own expense. The Labor Code and other regulatory acts of the Russian Federation are periodically amended with regard to the vacation issue. When planning this or that type of vacation period, a citizen must take into account these nuances.
Vacation is the right of a citizen to rest established by Russian law. For 2018, the provision of such is carried out for 28 days with the payment of wages.
By and large, the standards in the holiday issue have not undergone significant changes. Actual provisions Article 114 of the Labor Code of the Russian Federation provides for the provision of annual leave to employees on the basis of an application.
During paid leave, the employer does not have the right to fire the employee. Also, the authorities are not empowered to deprive the employee of his position or average salary during this period.
According to the current law, upon dismissal, a citizen is entitled to compensation for all vacation periods that he did not have time to use. Exceptions are dismissal due to the fault of the employee or, in some cases, going on vacation with subsequent dismissal due to the expiration of the employment contract.
When and to whom is vacation due?
The provisions of the holiday law are determined by the regulations Labor Code of the Russian Federation. The Labor Code of the Russian Federation was adopted on December 21 and signed by the President of the Russian Federation on December 30, 2001. Chapter 19 of this Labor Code of the Russian Federation regulates all provisions related to the observance of the right of citizens to rest under the law. Covers issues in terms of granting, extending and paying vacation days.
According to the current law, for a paid vacation period lasting 28 days all citizens have the right.
For extended leave, according to the law, they have the right:
- Young mothers who are about to go on maternity leave or have just left it;
- Minor citizens;
- Citizens who have adopted a child under the age of 3 months;
- Other categories of citizens, as agreed and in cases provided for by the Federal Laws of the Russian Federation.
The latest changes to Chapter 19 (“Vacations”) of the Labor Code of the Russian Federation were made by the Federal Law of December 28, 2013 N 421-FZ. The amendments affected the provisions set out in article 126 of the Labor Code of the Russian Federation. According to the current text, part of the vacation, upon the official written application of the employee, can be replaced cash payment. If vacation days were not used and carried over to the next year, each part of their total amount can be replaced by monetary compensation if the employee wishes.
Replacing a vacation with a cash payment is not allowed in the following cases:
- Women going through pregnancy;
- Employees who are under the age of 18;
- Employees working in hazardous and hazardous environments.
An exception is monetary compensation upon dismissal.
Provision of annual paid leave
Annual paid leave is provided to each employee in order of priority in relation to the work schedule. An employer is not authorized to deny an employee the exercise of the official right to rest granted by law.
vacation schedule is created directly within the organization, according to the article 123 of the Labor Code of the Russian Federation. This internal regulation must be drawn up in December of the previous year and agreed in advance with the trade unions. Not included in the schedule, according to the law, can only be persons belonging to groups, who are entitled to extraordinary leave. Drawing up a vacation schedule is the direct responsibility of the employer.
The process of granting statutory leave with stipulated pay can be divided into the following steps:
- Notice to the employee by the employer;
- Issuance of an order for the provision of vacation days;
- Calculation and transfer of vacation pay;
- Indication of vacation information in the employee's personal file.
Part 3 of Article 123 of the Labor Code of the Russian Federation includes the obligations of the employer with timely notification of the employee about the upcoming provision of vacation days. The employee must be notified not later than 2 weeks before the relevant period. The current law does not regulate the form of notification, but the preference of many employers remains a written instruction.
For execution of an order organizations are authorized to use forms such as No. T-6, if leave is assigned to one employee. If vacation days are assigned to several employees at once, a sample is used No. T-6a. The order must indicate the full name of the company and its abbreviation, the coding of the document according to OKUD (0301005) and by OKPO. The order is considered valid from the moment it is signed by the directorate of the organization (state. 3.11 GOST R 6.30-2003).
The procedure for calculating vacation pay installed paragraph 9 of Art. 136 TC of the Russian Federation. By law, an employee must be paid no later than for 3 calendar days before the start of the holiday.
IN personal file or personal card the employee indicates information on all types of vacations that were granted to him, the reasons for their provision and the timing.
If the employer did not notify the employee in time about the upcoming vacation, the employee has the right to postpone vacation days to a more convenient time for himself (part 2 of article 124 of the Labor Code of the Russian Federation).
At your own expense
Leave at their own expense is provided to employees on the basis of an application. The grounds for unpaid leave are family circumstances and other good reasons. Deadlines are determined by the employer. By law, he is authorized refuse providing unpaid vacation days. The reason for the refusal may be the urgent need for the presence of this employee at work at the actual moment.
The employer does not have the right to refuse to provide unpaid vacation days to the following categories of citizens:
- Veterans of the Great Patriotic War (up to 35 calendar days);
- Age pensioners (up to 16 calendar days);
- Disabled people (up to 60 calendar days);
- Parents and spouses of military personnel, firefighters, customs officers, police officers who died in the line of duty (up to 16 calendar days);
- Citizens on the occasion of the birth of a child, the death and funeral of close relatives or a wedding (up to 5 calendar days). Read more about
By the way, what do you know about the provisions, because this is an important regulatory document.
Maternity leave
Popularly known phenomenon "maternity leave" actually is a combination of two types of holidays associated with reproductive circumstances:
- Maternity leave - provided at the 30th week of pregnancy, according to the conclusion of the attending physician, in the form of a sick leave;
- Child care leave- according to the law, it is provided for the period until the child reaches the age of three.
If necessary, you can go on maternity leave before the official deadline. The basis for early care is a difficult pregnancy, complications and the risk of miscarriage, determined by the attending physician. You can go on maternity leave later, but you must remember that the postpartum period will not be increased due to a shortened prenatal.
The right to a “maternity leave” period is indicated in articles 225-226 current Labor Code of the Russian Federation. They have this right by law all working women and students, as well as the unemployed, who are on the labor exchange.
According to the law, the following can receive pregnancy benefits:
- Officially employed women;
- Women in the military;
- Expectant mothers whose dismissal occurred due to the abolition of the enterprise;
- Students.
If the expectant mother was employed at several enterprises at once, then each of the employers is obliged to pay her benefits.
Download holiday law
For the purpose of a detailed study of the vacation issue, as well as other issues related to the employment of citizens, you should familiarize yourself with the provisions of this Labor Code of the Russian Federation. The current text of the Labor Code of the Russian Federation with the latest amendments can be downloaded
Annual paid holidays
According to Art. 114, 115 of the Labor Code of the Russian Federation, employees are provided with annual paid holidays while maintaining their place of work (position) and average earnings.
Annual basic paid leave is granted to employees for a duration of 28 calendar days. Annual basic paid leave lasting more than 28 calendar days (extended basic leave) is granted to employees in accordance with the Labor Code and other federal laws.
Persons who have concluded an employment contract for a period of up to 2 months, on part-time work, to perform seasonal work, with an individual, are granted annual paid holidays in accordance with the rules that determine the features of the legal regulation of labor of this category of workers (Articles 286, 291 , 295, 305 TC):
- persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for 6 months at a part-time job, then leave is provided in advance. If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without pay of the corresponding duration;
- employees who have concluded an employment contract for a period of up to 2 months are provided with paid holidays or are paid compensation upon dismissal at the rate of 2 working days per month of work;
- Employees engaged in seasonal work are provided with paid leave at the rate of 2 working days for each month of work;
- the mode of operation, the procedure for granting days off and annual paid holidays for employees working for employers - individuals, are determined by agreement between the employee and the employer - an individual.
At the same time, the duration of the working week cannot be longer, and the duration of the annual paid leave less than established by the Labor Code.
Employees are granted two types of annual paid leave:
- annual basic paid holidays (Article 115 of the Labor Code);
- annual additional paid vacations (Article 116 of the Labor Code).
Payment for vacation time is made no later than 3 days before its start (Article 136 of the Labor Code).
Annual additional paid holidays
According to articles 116, 117, 118 and 119 of the Labor Code of the Russian Federation, the provision of additional annual paid leave is intended mainly to compensate or neutralize the impact of certain adverse factors on the health of an employee in the course of work.
Annual additional paid holidays are provided:
- employees employed at work with harmful and (or) dangerous working conditions;
- employees with a special nature of work;
- employees with irregular working hours;
- employees working in the regions of the Far North and equivalent areas;
- in other cases stipulated by the Labor Code and other federal laws.
Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by the Labor Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or other local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.
Annual additional paid leave for employees employed in work with harmful and (or) dangerous working conditions is provided:
- in underground mining;
- in open pit mining in open pits and quarries;
- in zones of radioactive contamination;
- in other works related to fatal adverse effects on human health of harmful physical, chemical, biological and other factors.
The minimum duration of the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous 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 tripartite commission for the regulation of social and labor relations.
Currently, before the adoption of the relevant lists, there is a List of industries, 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 State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P -22 with subsequent changes and additions. The procedure for applying the List is determined by the Instruction approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P - 20. The duration of the vacation is set in the List for each job, position and ranges from 6 to 36 working days.
By the Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647, additional leave was introduced for workers in industrial and production personnel of the coal, shale, mining and some other basic industries for work not only with harmful working conditions, but also in underground conditions, cuts , careers lasting from 4 to 24 calendar days. Both types of these additional holidays are provided on the basis of a special List approved by the Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647, which lists the types of production, work, professions and positions, in addition, for each of them, the duration of the additional leave for work in underground conditions, in cuts, quarries, as well as the maximum duration of additional leave for work with harmful working conditions.
In a collective agreement or other local regulatory legal act, employees employed in jobs with harmful and (or) dangerous working conditions may be provided with additional paid leave of longer duration.
Annual additional paid leave for employees with irregular working hours is provided the duration, which is determined by the collective agreement or the internal labor regulations of the organization and cannot be less than 3 calendar days.
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, authorities of a constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments.
Annual additional paid leave for the special nature of the work is provided certain categories of workers whose work is associated with the peculiarities of the performance of work. The list of categories of employees who are entitled to additional annual paid leave for the special nature of work, as well as the minimum duration of this leave and the conditions for its provision, is determined by the Government of the Russian Federation.
The order and sequence of granting annual paid holidays
According to articles 122 and 123 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. The right to use the leave for the first year of work with the employee after 6 months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of 6 months.
Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be granted:
- for women - before maternity leave or immediately after it;
- employees under the age of 18;
- employees who have adopted a child (children) under the age of 3 months;
- in other cases stipulated by federal laws.
The length of service for receiving annual leave must be continuous. This means that leave is granted only during the time of work with this employer, i.e. when an employee leaves, he must complete his vacation calculations, receiving monetary compensation for his unused days.
Leave for the second and subsequent years may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.
The order of vacations granted is established by the schedule. The vacation schedule must be drawn up by the employer, taking into account the opinion of the elected body of the trade union organization for each calendar year and approved no later than two weeks before the start of the calendar year, in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations.
Vacation schedule is a local normative act that is binding on both the employer and employees. The employee must be notified of the start time of the vacation no later than two weeks before it starts against signature.
Vacations may be granted at any time during the year, but without disrupting the normal operation of the organization. When drawing up the schedule, the position of workers and the features of the production process are taken into account. If the employee is not satisfied with the vacation time set in the schedule, he can ask the employer and the relevant elected trade union body of the organization to change this time.
Certain categories of employees, in cases stipulated by the Labor Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. These include:
- employees under the age of 18 (Article 267 of the Labor Code);
- participants of the Great Patriotic War, invalids of war, war veterans;
- veterans of labor (Articles 14-20 of the Law on Veterans);
- Heroes of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory;
- Heroes of Socialist Labor and full holders of the Order of Labor Glory;
- persons awarded with the badge "Honorary Donor of Russia";
- persons who received or suffered radiation sickness and other diseases associated with radiation exposure due to the Chernobyl disaster or with work to eliminate its consequences.
At the request of the husband, annual paid leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.
In cases where the employee has the right to choose the time to use the vacation, when drawing up the schedule, it is advisable to invite him to write a statement about what time he would like to receive the vacation. When drawing up a schedule taking into account such a statement, it is possible to subsequently change the time for using the vacation only by mutual agreement of the parties.
Extension or rescheduling of the annual
paid vacation, dividing it into parts.
Recall from vacation, replacing it with monetary compensation
According to Art. 124, 125, 126 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee in the following cases:
1) temporary disability of the employee;
2) performance by the employee during the annual paid leave of state duties, if for this the labor legislation provides for exemption from work (Article 170 of the Labor Code);
3) in other cases provided for by labor legislation, local regulations.
In these cases, the vacation is automatically extended by the appropriate number of days. The employee is obliged to notify the employer about the extension of the vacation.
If the employee was not paid on time (i.e. later than 3 days before the start of the vacation) for the duration of this vacation or the employee was warned about the start time of the vacation later than 2 weeks before it starts, the employer, upon a written application of the employee, is obliged postpone annual paid leave for another period agreed with the employee.
In exceptional cases, when the provision of leave to an employee in the current year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
It is prohibited, regardless of the nature of the circumstances, not to provide annual paid leave for 2 consecutive years. Employees under the age of 18, as well as those employed in work with harmful and (or) dangerous working conditions, must be granted paid leave only annually.
Annual paid leave can be divided into parts by agreement between the employee and the employer. The initiative to share the leave usually comes from the employee, but the consent of the employer is required. Vacation can be divided into several parts, but it is necessary that at least one of them be at least 14 calendar days.
The employer may recall the employee from vacation if it is necessary for certain production needs, but only with his consent. The law does not specify the form of such an agreement, however, in order to avoid misunderstanding, it is advisable to obtain the written consent of the employee to recall from vacation.
In turn, the employee has the right to refuse to go to work before the end of the vacation period. Such a refusal (regardless of the reasons) cannot be considered as a violation of labor discipline. A recall from vacation is issued by an order (instruction) of the employer, in which, by agreement between the employee and the employer, it is indicated when the unused part of the vacation will be provided to the employee. At the choice of the employee, it must be provided to him at a convenient time for him in the current working year or attached to the vacation for the next working year.
Employees under the age of 18, pregnant women and employees employed in work with harmful and (or) dangerous working conditions cannot be recalled from the annual basic and additional paid leave, even if they give their consent to this.
Labor legislation (Article 126 of the Labor Code) allows you to replace part of the annual leave with monetary compensation. At the same time, only that part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation, and only if the employee himself requests such a replacement, and in writing (in an application). When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.
It is not allowed to replace the annual basic and additional paid leave with monetary compensation for pregnant women and employees under the age of 18, as well as the annual additional paid leave for employees engaged in hard work with harmful and (or) dangerous working conditions.
Calculation of the duration of annual paid holidays and length of service giving the right to the annual basic paid leave
According to Art. 120, 121 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is considered in calendar days and is not limited to a maximum limit. The number of calendar days of the annual basic and additional paid leave granted to an employee shall not include and shall not be paid non-working holidays falling on his period.
When calculating the total duration of the annual paid leave, additional paid holidays are added to the annual paid leave.
The right to an annual basic paid leave arises for the employee from the first day of work, but in order to receive this leave, a certain length of service with this employer is required, and only if such length of service is available, the employee has the right to demand leave, and the employer is obliged to provide it.
The length of service giving the right to annual basic paid leave includes:
- time of actual work;
- the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including time annual paid leave, non-working holidays, weekends and other days of rest provided to the employee;
- time of 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 undergone a mandatory medical examination (examination) through no fault of his own.
In accordance with Part 6 of Art. 40 of the Code of Criminal Procedure, those sentenced to corrective labor are entitled to annual paid leave and, therefore, the time spent in corrective labor is included in the length of service for leave.
The length of service for vacation also includes the time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at work (Articles 76 and 394 of the Labor Code).
During the period when the employee did not work, but in accordance with federal laws, he retained his place of work, which is taken into account in the length of service, giving the right to the annual basic paid leave, includes the time:
- being at military training camps;
- being on a medical examination, examination or treatment related to military registration;
- participation in the work of election commissions;
- appearing on a summons to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, witness;
- participation in court hearings as a people's assessor, juror;
- appearing on a call to the commission for the appointment of pensions as a witness to testify about the length of service;
- annual paid holidays and study holidays;
- training, advanced training and retraining of employees with a break from production and with the preservation of the place of work (position);
- the presence of an employee in a medical institution for examination, if he is obliged to undergo it by the nature of his activity;
- exemption from the work of donors for blood donation (submitted then days of rest);
- suspension of work by state supervision and control over compliance with labor laws and other regulatory legal acts containing legal norms due to violation of labor protection requirements through no fault of the employee (Article 220 of the Labor Code);
- short-term leave without pay for up to 14 calendar days during the working year, provided to employees for family reasons and other valid reasons.
The length of service giving the right to annual basic paid leave does not include:
1) the time the employee is absent from the workplace without good reason, incl. due to his removal from work in the cases provided for by Art. 76 of the Labor Code, if the employee was suspended from work due to his own fault. For example, if he appears at work in a state of alcoholic, narcotic or toxic intoxication, as well as if he did not pass, through his own fault, a mandatory medical examination or training and knowledge testing;
2) the time of leave to care for a child until he reaches the age established by law (Articles 256 and 257 of the Labor Code);
3) the time of leave granted at the request of the employee without pay, if their total duration exceeds 14 calendar days during the working year. It does not matter for what purpose the employee asks for leave without pay.
The length of service giving the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.
Implementation of the right to leave upon dismissal of an employee.
Leave without pay
According to articles 127 and 128 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations, regardless of their total duration and on what grounds the employment contract is terminated (Article 395 of the Labor Code).
At the request of the employee (on the basis of his written application), instead of compensation, he may be granted leave with subsequent dismissal (with the exception of dismissal for guilty actions). In this case, the day of dismissal will be considered the last day of vacation. This date (the last day of vacation) is entered in the work book as the date of dismissal. However, all settlements with the employer, incl. the issuance of a work book and other documents is carried out on the last day of work (Article 84.1 of the Labor Code).
The provision of unused leave with subsequent dismissal is not allowed in cases where an employee is dismissed for guilty actions, for example, for absenteeism, appearing at work in a state of alcoholic, narcotic, toxic intoxication, committing theft at the place of work, etc. (Article 81 of the Labor Code).
In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.
When granting leave with subsequent dismissal upon termination of the employment contract, the employee has the right to withdraw his application for dismissal, but on condition that the leave has not yet begun and if another employee has not been invited to his place in the transfer procedure (see Article 64 of the Labor Code).
In addition to annual paid holidays, employees may be granted unpaid leave. For family reasons and other valid reasons, an 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 of the employee, to grant unpaid leave:
- participants of the Great Patriotic War - 35 calendar days per year;
- for working old-age pensioners (by age) - up to 14 calendar days per year;
- parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties - up to 14 calendar days a year;
- working disabled people - up to 60 calendar days a year;
- employees in the event of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;
- employees caring for children, in accordance with Art. 263 TC;
- employees - Heroes of the Soviet Union, Heroes of the Russian Federation, full cavaliers of the Order of Glory, Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory - up to 3 weeks a year at a time convenient for them;
- employees admitted to entrance examinations to higher and secondary specialized educational institutions - for 15 and 10 calendar days, respectively;
- for employees studying on the job at preparatory departments at higher educational institutions, for passing entrance exams - for 15 calendar days, combining study with work, for intermediate certification - 15 calendar days in the academic year, etc. (art. Art. 173, 174 TK);
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, incl. disabled veterans of labor - from 2 weeks to one month (Articles 14-20 of the Law on Veterans);
- employees in case of illness - for 3 days during the year. Leave without pay for up to 3 days a year is granted at the personal request of the employee without providing medical documents proving the fact of the disease.
In all cases of granting leave without pay, regardless of their purpose and duration, they must be formalized by an order (instruction) on leave.
Having received leave without pay, the employee can interrupt it at any time and go to work, informing the employer about this.
