Annual leave tk. What is written in the law on vacations in the Russian Federation

Moreover, such a period is considered minimal, so a vacation period less than the specified amount is not provided. But there may be more than what is established in Article 115. The employer can increase the amount of legal rest at his own discretion, and this can be done to an unlimited extent. But such unauthorized increases in vacation periods are rarely practiced.

But there is special categories employees who, according to their employment contract, have Extra time holidays annually. by law, it is due to those employees who work in special conditions, for example, have an irregular schedule or particularly difficult working conditions.

Suitable for all working people. Every year, an employee has the right to rest for as many days as prescribed in the employment contract. But the contract itself is drawn up taking into account legal norms and cannot contradict labor standards. In accordance with this, each category of employees has its own vacation periods.

Each employee is provided with a basic leave of 28 days. This amount is stipulated by Article 115 of the Labor Code of the Russian Federation. You can take a vacation at any time, theoretically there are no restrictions, except for the first year of work. New employee can claim rest only after six months. Moreover, after six months, he can immediately claim the entire segment allotted to him by law. There are special categories that are entitled to vacation not after six months of work, but even earlier. This list includes women who are expecting a child, minor employees, as well as those who adopted a baby before the age of three months. Part-time workers can also take leave earlier, provided that their main place of work has a suitable period for rest. In the second year of work and all subsequent years, the period for providing vacation period not regulated by law. In fact, you can choose it completely even at the beginning of the working year. The main thing is that the time has been previously discussed with the employer.

According to the Labor Code, this is not the only established rule when assigning rest to employees. It is also important to have a predetermined order in which employees are on vacation. This measure is mandatory, although it allows you to postpone previously established periods and take several days off-hours as vacation. The schedule itself, postponements of vacation, as well as the registration of days on account of vacation, are taken only with the agreement of the management of the organization and its approval.

Cases of increasing the duration of leave

The number of vacation days does not increase in proportion to the number of years worked. But this does not mean that you cannot count on a longer rest. There are categories that are entitled to additional leave.

Additional vacation periods are divided into:

• paid;
• unpaid.

Not compensated by the employer, but this period is not deducted from the total number of working days when calculating the average wages for calculating vacation compensation.

But we are more interested in paid additional rest, because this time can not only be taken off, but also, if desired, while remaining at work.

Article 116 of the Labor Code of the Russian Federation allows the employer to give his employees additional paid rest at his discretion. But there are also groups of people who can count on this privilege on an official basis. The same article 116 provides a list of working persons who must be provided with additional annual paid rest time.

The following may count on additional vacation days:

1. People employed in jobs that are classified as hazardous or hazardous.
2. Employees who have a note in the employment agreement about the irregularity of their work or the special nature of the duties performed.
3. To all workers and areas equivalent to them.

Each of these categories is provided with an individual duration of additional calendar days vacation. Some employees may combine several positions in their profession at once, in which case all additional vacation periods prescribed by law per year are summed up.

Irregular working hours

The employer decides how many vacation days are entitled to per year for employees who have . It all depends on the specifics of the job and how often a person is involved in work outside of working hours.

According to the law, not only those professions that involve traveling character labor or work outside a specific organized place. If a worker has a stable place where he performs his job duties with an agreed standard schedule, but due to the nature of his profession he can be involved in solving some problems outside of normal work hours, then such work is also considered irregular.

The Decree of the Government of the Russian Federation No. 884 of 2002 stipulates the list of employees who can count on additional rest due to their irregular work hours.

It includes:

1. Leaders.
2. Deputy management staff.
3. Engineers, technologists and other technical staff.
4. Housekeeping staff.

This is a very approximate list and does not reflect all possible variations. When making a decision on issuance, one should focus on the fact that employees of a particular profession are involved in labor responsibilities after hours. Some organizations monitor such aspects, as a result of which they expand or reduce the list of people included in this category.

The main question for the employer is how many days of additional rest should be provided.

There is no uniform standard for determining the period, but there is a minimum barrier below which it is prohibited to set it; it is established in Article 119 of the Labor Code of the Russian Federation. For non-standardization, at least three calendar days are provided. Please note that we are not talking about working days. Like other vacation periods, additional rest is calculated in calendar equivalent.

Working with hazardous working conditions

Everything is provided based on legal standards, the main of which is the Labor Code. But this does not exclude the fact that the employer is obliged to prescribe rest periods in its local regulations. The collective agreement provides a complete list of professions in the organization, indicating how long the vacation lasts for a particular category. The collective agreement allows general information, taken from the Labor Code, be specified, indicating only those points that directly relate to this company. When concluding an agreement with a new employee, labor document Individual working conditions are also included that will apply to this person.

In the case of harmful and/or dangerous working conditions, the vacation period is not assigned at the request of the employer, but if there is justification. Such justification can be the certification of the workplace. For this purpose, a commission is pre-appointed, which takes measures to assess the existing conditions. A certain gradation has been established that allows you to determine the degree of danger and harmfulness. In accordance with it, additional rest is prescribed, that is, the higher the harmfulness, the longer the vacation time. Those jobs that are awarded grades 2, 3 and 4 are considered dangerous.

Establishes that the permitted minimum barrier to additional rest is seven days. Additional rest of less than 7 days cannot be assigned to those employees who work in places with danger level 2. If the degree is higher, then the period increases. The truth is that the code does not say about the proportionality of the increase; this point remains at the discretion of the organization’s management. The established degree of danger is not final and unchangeable. If the employer regularly takes measures to improve working conditions, then the harmfulness should decrease. According to the decrease in the degree of harm, additional rest may also decrease.

Work in the Far North

Work in the Far North is rightfully considered more difficult. The weather conditions are to blame; in addition, many works are carried out directly on the street, and not indoors.

People working in such conditions are entitled to significant additional benefits. They are paid an increasing factor, but in addition to this, they all receive additional rest, which must be paid for by the employer.

Article 321 of the Labor Code of the Russian Federation talks about the amount of rest that is provided to all workers in difficult situations. weather conditions people.

Unlike the previously announced categories, there is no freedom for the employer here, because the deadlines are specified specifically, without minimal barriers.

Additional time to recuperate is given to:

1. All workers in the Far North for a period of 24 calendar days.
2. People who work in areas equated to the Far North receive an additional 16 days a year.
3. Other areas in which there is an additional salary coefficient receive 8 days of additional paid vacation time.

If you need to find out how many days a part-time worker can take, then you need to focus on the general norms. Rest for part-time workers lasts as long as for main workers.

For northern workers or other categories of workers, a single rule applies. Rest can be summed up and selected at the same time, or it can be divided into parts and taken in stages. A separate amount of rest can be taken towards the main or additional vacation period.

Right to extended main leave

Let us give examples of such categories, and also clarify how many calendar days are added to them:

1. Minor employees are entitled to 31 days, instead of 28. Let us remind you that those under 18 can also take the specified time earlier than they have worked their first six months.
2. the period of the main period is increased to 30 days. The degree of disability does not matter.
3. Teachers, depending on their classification, rest for 42 or 56 days.
4. Doctors of Science are entitled to 48 days.
5. Candidates of Science - 36. Both of these categories can count on the provision of this time while working in government organizations.
6. If the work is related to the production, testing or testing of chemical weapons, then 49 or 56 days of rest are required.

Files for download:

Labor Code of the Russian Federation

Part three

Section V. Rest time

Chapter 19. Vacations

Article 114. Annual paid holidays

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

Article 115. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

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

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, 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 areas. cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting 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 No. 90-FZ of June 30, 2006)

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

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of special assessment working conditions are classified as hazardous working conditions of 2, 3 or 4 degrees or hazardous working conditions.

The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-industry) agreement and collective agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave that exceeds the minimum duration of this leave established by part two of this article may be replaced by a separately established one. monetary compensation in the manner, in the amounts and on the terms established by the industry (inter-industry) agreement and collective agreements.

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

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

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

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined collective agreement or internal labor regulations and which cannot be less than three calendar days.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure and conditions for providing annual additional paid leave to employees with irregular working hours are established in the federal government institutions regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation, regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions regulatory legal acts of local government bodies.
(Part two as amended by Federal Law dated April 2, 2014 N 55-FZ)

Article 120. Calculation of the duration of annual paid leave

The duration of annual basic and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leave is summed up with the annual main paid leave.

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The length of service that gives the right to annual basic paid leave includes:

actual work time;

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

forced absence time illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not completed the mandatory medical checkup through no fault of one's own;
(as amended by Federal Law dated November 25, 2013 N 317-FZ)

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.
(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)
(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

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

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

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

the paragraph is no longer valid. - Federal Law of July 22, 2008 N 157-FZ.

The length of service that gives 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.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Before the expiration of six 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 eighteen;

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

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 123. Sequence of granting annual paid leave

The order of provision of 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 calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

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 No. 90-FZ of June 30, 2006)

temporary disability of the employee;

performance by an employee during annual paid leave government duties, if for this purpose the labor legislation provides for exemption from work;
(as amended by Federal Law No. 90-FZ of June 30, 2006)

in other cases provided for by labor legislation and local regulations.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when granting 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 transfer the vacation to the next working year. In this case, the leave 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 No. 90-FZ of June 30, 2006)

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Article 125. Division of annual paid leave into parts. Review from vacation

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

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Part of the annual paid leave exceeding 28 calendar days, upon a written application from the employee, may be replaced by monetary compensation.

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

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (except for payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code).
(as amended by Federal Law dated December 28, 2013 N 421-FZ)

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

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

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends 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 at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer.

Article 128. Leave without pay

For family reasons and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

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

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

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system who died or died as a result of injury, concussion or injury received in the performance of duties military service(service), or due to illness associated with military service (service) - up to 14 calendar days a year;
(as amended by Federal Laws dated July 2, 2013 N 157-FZ, dated July 3, 2016 N 305-FZ)

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, 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.

Labor Code of the Russian Federation

• Labor Code of the Russian Federation - table of contents
  • Chapter 1. Basic principles of labor legislation
  • Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
  • Chapter 3. General provisions
  • Chapter 4. Representatives of workers and employers in social partnership
  • Chapter 5. Social partnership bodies
  • Chapter 6. Collective Bargaining
  • Chapter 7. Collective agreements and agreements
  • Chapter 8. Participation of employees in the management of the organization
  • Chapter 9. Responsibility of the parties to the social partnership
  • Chapter 10. General provisions. Employment contract
  • Chapter 11. Conclusion of an employment contract
  • Chapter 12. Changing the employment contract
  • Chapter 13. Termination of an employment contract
  • Chapter 14. Protection of employee personal data
  • Chapter 15. General provisions. Work time
  • Chapter 16. Working hours
  • Chapter 17. General provisions. Time relax
  • Chapter 18. Work breaks. Weekends and non-working holidays
  • Chapter 19. Vacations. Annual paid holidays
  • Chapter 20. General provisions. Payment and labor regulation
  • Chapter 21. Wages. Payment and labor regulation
  • Chapter 22. Labor rationing. Payment and labor regulation
  • Chapter 23. General provisions. Guarantees and compensation
  • Chapter 24. Guarantees when sending employees on business trips, other business trips and moving to work in another area
  • Chapter 25. Guarantees and compensation to employees when they perform state or public duties
  • Chapter 26. Guarantees and compensation for employees combining work with education

Vacation in the legal sense of the word is a period of rest provided to a person working on a job. Time free from work, with guaranteed pay, which is based on average earnings. The law proposes to use the term - annual paid leave.

The right to receive paid days of rest comes under labor legislation after six months. A person who is employed has the right to rest professional activity, officially registered at the institution, having worked for exactly 6 months from the date of admission. Moreover, leaves under the Labor Code are entitled to each employee, regardless of the conditions under which the employee was hired:

• season;
• fixed-term (certain period) contract;
• employment at home.

Employees of institutions of all forms of management can count on vacation.

Vacations are divided into the following types:

• annual (Article 122 of the Labor Code of the Russian Federation);
• preferential;
• special.

Guarantees job security: a person who goes on vacation cannot be fired during this period.

Special cases of calculating the number of days of rest are also enshrined in Article 122 of the Labor Code of the Russian Federation:

• When holidays fall during the rest period, on which the employee would otherwise be free from work, the vacation is increased. Holidays are not included in the calculation of an employee's vacation period.
• During vacation, the person received a certificate of temporary incapacity for work. He can extend the current exemption from labor by a given number of days, or take these days in another month.
• If, during a period of absence from work, a person is entrusted with the performance of public duties, annual paid leave can also be granted.

The procedure for granting leave allows it to be divided into parts. The law establishes the minimum duration of one part - 14 days. You can rest for 4–5 days a year, then be sure to take two weeks.

Calling back from regular leave is permitted only with the consent of the employee on the basis of a written application. There are categories that cannot be called:

• young age (up to 18 years);
• pregnancy;

Annual leave, how long?

According to Art. 122 Labor Code Russian Federation, annual leave consists of two parts, different in duration:

• Basic. The Labor Law establishes 28 calendar days.
• Additional.

In addition, there are separate categories whose vacation will be extended by the number of days. Such additional days are confirmed by certification documents and the results of an examination of the workplace for harmful conditions.

The duration is calculated according to the methodology proposed by the Russian Ministry of Labor, which was included in the approved regulatory bill.

Annual additional leave does not have an exact duration. They range from 6 to 36 days.

What is taken into account when adding a vacation period:

• special character industrial relations and labor;
• harmfulness and danger of conditions;

The amount of additional leave for individual territories is clearly specified in the law with comments:

• - 24 days.
• Areas equivalent to the Far North - 16 days.

Features of granting leave to certain categories of workers

Some employees receive special conditions: they can receive paid rest without working for six months.

Who is included in these employee groups:

• Age up to 18 years. They are given an increased amount (not 28) - 31 days.
• . The quantity depends on the specialization: 42–56 days.
• Prosecutor's office employees. Quantity - 30 calendar days.
• Judges - 30 workers. days
• . At least 30 days.
• Working conditions with chemical weapons. Number of days - 49.
• Workers in the coal, shale, and mining industries - 67 days.

Sequence of leave granting

Vacations for the second and subsequent years of work at the enterprise are provided according to a schedule in which the priority is approved.

The schedule is developed and approved in mid-December. It reflects all types of recreation. Moreover, the employee first chooses the start date of the rest, then it is agreed with the manager.

The concept of “queue” is considered in several senses:

• Queue for one person. For example, I took the main one in June, next year I wanted to take it earlier, but I can only take it for the time worked. The option of giving rest in advance is possible, but modern conditions, more often they choose “for time worked” so as not to withhold funds during the calculation (dismissal) and not to lose payments. Cases often arise when an employee remains in debt to the company due to the use of unworked rest days.
• . Some industries cannot stop the process and let everyone go on vacation. In such cases, a queue is developed for all employees, one after another, so as not to disrupt technological processes. In other cases, for example, in teaching teams, the order depends on the teacher’s workload. There is a mass going on vacation here. “preferential categories” in the summer months, vacation time.

The schedule is reviewed by the trade union body and approved by the employer. Local act upon approval of this documentation - an order.

The order is selected taking into account working conditions and the desired rest period. In any case, the queue is not pushed back for those who are in their first year in production. In addition, the schedule provides for all parts of the vacation and payment for unused vacation, called compensation. There are categories that have the right to choose any time:

• (18 years);
• having 2 or more children under 12 years of age (for a woman);
• fathers raising a child or children of the specified age alone;
• having received awards (established list of awards);
• honorary donors of the Russian Federation;
• received radiation exposure during an accident at Chernobyl nuclear power plant and other nuclear test sites.

There are also special priority rules for individual employees:

• On-the-job training. It gives the right to take all parts of the vacation in full: additional and main.
• The husband can take leave during his wife's pregnancy.

When drawing up the schedule, seasons are not taken into account, but most personnel services adhere to the possibility of providing each employee with rest time during summer period. Some industries, e.g. railway transport, chose the order according to the seasons: autumn, winter, spring, summer. This approach to the queue allows a person to plan for a summer vacation once every 4 years.

The law sets the exact date. Payment is made no later than three days in advance. In case of violation of this provision, the supervisory authority will punish the employer with penalties.

The schedule is mandatory, as it is approved by order, but it is clear that there are exceptions to the rules. Then the employee writes a statement asking to transfer the days of paid annual rest to another time period. The manager considers production possibilities and makes a decision.

According to the Labor Code of the Russian Federation, the provision of leave is documented. The package of documents regulating the provision of paid annual leave consists of the following regulations:

• schedule;
• notification;
• order;
• note - accounting calculation of vacation pay.

Not all regulations reach the employee; some remain in personnel service or in accounting.

All documents are prepared in accordance with the established forms:

• Schedule - form T-7. The employee must sign in the “Acquaintance” column.
• Notification (the form is developed in a specific institution). The concept is introduced and explained in Art. TC 123. The act is not drawn up if adjustments are made to the schedule based on a personal application. In other situations, if there is no notice, you can refuse the rest time provided.
• The application has the form established by the rules of the Russian language (school course). The text of the application can be requested from the personnel department of this organization. But the manager cannot refuse to accept an application filled out with errors. The rules for the circulation of documents warn of the need to respond and register any citizen’s appeal. In the application, the person asks for annual paid leave, indicates the desired dates, number of days, period. The application must be submitted 4 days in advance. This period can be explained by the Federal Law, which sets the date for payment of vacation pay: 3 days in advance. Therefore, if you disagree with the schedule, you need to notify the HR department about it. And this must be done before receiving funds. There are exceptions here too. If agreed with the manager, you can change the rest period even 1 day in advance, then you will have to return the money to the cashier.
• The order has the established form - T-6. The document contains information about the period for which the rest is calculated, start and end times, type, sequence of parts. The most important thing to remember is your return to work date.
• Note - calculation. This is an accounting document. In most organizations, it remains in the accounting files and is not provided to the employee. IN controversial situations, when a person does not agree with the amount received, he is introduced to the note. IN individual institutions the calculation accompanies the order.

A whole range of regulations has been developed for this purpose. What lies at the core: the characteristics of the enterprise, the desires of employees, Labor legislation. All stages of the vacation period are documented: from planning time (schedule) to reaching workplace(order).

You might be interested

Every working person knows that his right to rest is protected by the state. As the annual vacation time approaches, citizens are wondering: how to get the rest they are entitled to? In order for the registration of the vacation period to go smoothly, it is necessary to familiarize yourself with the provisions that are spelled out in the relevant legislative acts. Based on them, you can solve any controversial issue, which means making full use of the constitutional right to rest.

The legislative framework

The Constitution of the Russian Federation establishes that every working citizen has the right to rest, including annual paid leave. The employer is obliged to provide it every year - this circumstance is stated in the Labor Code of the Russian Federation, in Art. 122.

For your information

What is annual paid leave? This is a period during which the employee is relieved of his duties and can engage in whatever activity he wants. This statement is contained in the articles and the Labor Code of the Russian Federation

While the employee is on vacation, that is, while he is provided with annual paid leave, he is actually inviolable - according to Art. 114 of the Labor Code of the Russian Federation, no one can demote someone. It is also not allowed to change it in any direction.

Leave paid at the expense of the employer must be provided to any employee, regardless of the method of payment, form of employment or other factors. This means that the following categories of citizens have an equal right to such a period of rest:

• Working full time;
• Combining several jobs;
• Remotely, for example, at home;
• Those with part-time employment.

The main condition for granting annual leave according to the Labor Code of the Russian Federation is that it is properly completed employment contract. It’s more complicated with employees who have entered into a civil labor agreement: their vacation labor legislation does not regulate. The same applies to members of the board of directors and military personnel who do not have employment contracts.

Duration

Those workers who are interested in how long they can rest should read more about Article 115 of the Labor Code of the Russian Federation. It is there that the duration of annual paid leave is indicated - according to the Labor Code of the Russian Federation it is 28 calendar days. By agreement with the employer, the duration of rest can be increased. This happens, for example, if the employee has unused .

It is not necessary to use all of your paid vacation time at once. The employee can break it into several parts, naturally coordinating his requirements with the employer. The only condition is that at least one of the periods must last at least 14 days. This rule is clearly outlined in Article 125 of the Labor Code of the Russian Federation. The duration of the remaining parts is not fixed by law: in fact, vacation can be issued for one day.

Attention

When calculating the days that an employee rested, both weekdays and weekends are taken into account. In regulatory legal acts The concept of “calendar days” is used.

Not included in vacation days official holidays. Their payment is also not made.

Annual paid leave under the Labor Code of the Russian Federation is also extended for citizens working in the Far North.

Submission procedure

According to the Labor Code of the Russian Federation, a working citizen has the right to receive vacation every year. The beginning of this period is not considered the onset of the calendar new year, that is, the first of January, but the day when the employment contract was concluded and the employee began to perform his immediate duties.

When a person moves to a new place, he can count on annual paid leave only after six months have passed since his official employment.

IMPORTANT

6 months is the period established by law, after which the employer does not have the right to refuse to grant leave to an employee. However, by agreement of the parties, you can take paid days off before this will pass time interval.

The provision of a vacation period is regulated by the schedule adopted by the employer. This plan is approved in advance - two weeks before the new year. It is easy to calculate that already on December 17 it will be known when each of the employees will go on a well-deserved rest.

For your information

If an employee goes on annual paid leave according to the schedule left by the employer, then according to the Labor Code of the Russian Federation he is not required to write an application. However, it is necessary to notify the employee no later than two weeks in advance about the time of his vacation. The employee must sign the relevant notice. It is drawn up in any form.

If an employee takes unscheduled leave, he must notify the employer two weeks in advance. To do this, a statement is written addressed to the head of the organization. The duration of leave can be specified in various forms:

• In date format (from what date and to what date);
• The beginning of the vacation period and the number of days that the employee will be absent from the workplace.

If there are holidays during the vacation period, then its duration may vary, depending on their number.

How is annual leave paid?

The main concept used when calculating the amount of money that is paid to an employee for the time he is on vacation is the billing period. It is usually 12 months, provided that the employee has held this position for more than a year. Exactly average income for a given period of time serves as the basis for calculating vacation payments.

In this case, the concept of “calendar month” is used, that is, all days from the first to the last are included.

Accounting is kept for the following income received by a company employee for a specified period of time:

• Prize.
• Basic salary.
• Allowances.
• Other income that is prescribed in a specific system according to which payments for work are made.

When calculating vacation transfers, social payments are not taken into account, as well as periods when employees were not paid work activity, for example, sick leave or business trip.

What to do if less than a calendar year has passed since the employee began performing his duties? In such a situation, only the time actually worked is taken into account. The last day taken into account is the final day of the month preceding the vacation period.

Payment of funds due for annual paid leave according to the Labor Code of the Russian Federation must be made by the employer 3 days before he goes on vacation. If the given day is a holiday, the transfer Money produced earlier. However, labor legislation does not indicate which days need to be taken into account - working days or calendar days. But in accordance with the instructions of Rostrud, it is necessary to carry out calculations according to the latter.

Attention

If the employer does not make payment on time, he will face penalties. The law takes the employee’s side even if the application for leave was filled out less than three days before it began. Although in this case, the company simply cannot pay the funds within the established period.

Nuances of provision

Sometimes the work process does not allow an employee to fully use the resources assigned to him. vacation days. Then they “accumulate” and the employee can absolutely legally use them in the future.

However, failure to provide annual paid leave under the Labor Code of the Russian Federation within a period exceeding two years has consequences for the employer. The employee is obliged to receive during this period at least part of the vacation days entitled to him by law.

Persons under 18 years of age or employees working during harmful conditions production, or dangerous.

Separately, it is necessary to consider cases when some part of the vacation time can be transferred, or the period itself is extended. There are only a few reasons why these actions are performed:

• Employee injury or illness. Those vacation days that are indicated in sick leave, will be paid like any other period of incapacity. But the rest time is extended by exactly the same amount of time.
• During vacation, the employee performs the duties assigned to him by the state. As an example, consider serving as a juror.

If the employer has received a corresponding notice from the employee during vacation time, then he has the right not to draw up a separate document in which, taking into account special circumstances, the new date for the employee’s return to work will be specified.

IMPORTANT

Leave spent caring for a sick or disabled person cannot be extended or postponed.

Providing annual paid leave under the Labor Code of the Russian Federation, as can be seen from the above, is accompanied by many nuances that must be taken into account in any circumstances. However, labor legislation quite clearly defines all the circumstances surrounding this part of the work process. Timely study of the relevant regulations will help you avoid unpleasant situations and receive the vacation period required by law.