Full text of Art. 325 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 325 of the Labor Code of the Russian Federation.

Persons working in organizations located in the Far North and equivalent areas have the right to pay the cost of travel and baggage within the territory once every two years at the expense of the employer Russian Federation to the place of vacation use and back. The employee’s right to compensation for these expenses arises simultaneously with the right to receive annual paid leave for the first year of work in this organization.
Federal state bodies, state extra-budgetary funds of the Russian Federation, federal state institutions pay the employee the cost of travel within the territory of the Russian Federation to the place of use of vacation and back by any means of transport (except taxis), including personal ones, the cost of luggage weighing up to 30 kilograms, as well as the cost of travel and luggage transportation to the place where the employee’s vacation is used and back to non-working members of his family (husband, wife, minor children actually living with the employee) regardless of the time of use of the vacation.
Payment for the cost of travel of the employee and his family members by personal transport to the place of use of the vacation and back is made at the lowest cost of travel by the shortest route.

Payment of the cost of travel and luggage transportation to the place of use of the vacation of an employee of a federal government agency, state off-budget fund The Russian Federation or a federal government agency and members of his family and back is carried out at the request of the employee no later than three working days before departure on vacation based on the approximate cost of travel. The final payment is made upon return from vacation based on the tickets or other documents provided.

The procedure for compensation of expenses for payment of travel costs and baggage transportation to the place of use of vacation and back for persons working in federal government agencies, state extra-budgetary funds of the Russian Federation, federal government institutions, and members of their families is established by regulatory legal acts Government of the Russian Federation.

The payments provided for in this article are targeted and are not cumulative in the event that the employee and members of his family do not timely exercise the right to pay the cost of travel and baggage transportation to and from the place of vacation use.

The guarantees and compensation provided for by this article are provided to an employee of a federal government agency, a state extra-budgetary fund of the Russian Federation or a federal government agency and members of his family only at the employee’s main place of work.

The amount, conditions and procedure for compensation of expenses for paying the cost of travel and baggage transportation to the place of use of vacation and back for persons working in government bodies of the constituent entities of the Russian Federation, government institutions of the constituent entities of the Russian Federation, are established by regulatory legal acts of government bodies of the constituent entities of the Russian Federation, in the bodies local government, municipal institutions, - regulatory legal acts of local governments, other employers, - collective agreements, local regulations, adopted taking into account the opinion of the elected bodies of the primary trade union organizations, employment contracts.

Commentary on Article 325 of the Labor Code of the Russian Federation

1. Part 1 of the commented article establishes a guarantee for persons working in organizations located in the regions of the Far North and equivalent areas in the form of payment of the cost of travel to the place of vacation and back. The following must be taken into account:
- the frequency of providing such compensation is once every 2 years;
- compensation is paid at the expense of the employer;
- travel is carried out within the territory of the Russian Federation;
- in addition to the fare, baggage allowance is compensated;
- the moment the right to receive the specified compensation arises coincides with the moment the right to receive annual paid leave arises for the first year of work in this organization.

Thus, Part 1 of the commented article establishes a general guarantee for all workers belonging to the category under consideration (i.e. working in organizations located in the Far North and equivalent areas), regardless of the organizational and legal form of the employing organization.

2. Part 2 of the commented article clarifies the specifics of providing the compensation in question for employees of federal government bodies, state extra-budgetary funds of the Russian Federation, and federal government agencies.

The listed employers compensate travel to and from the employee’s place of rest, taking into account the following:
- travel by any type of transport (except taxi), including personal transport, is compensated. In the case of travel to a vacation spot using personal transport, the compensation in question is paid in the amount of the lowest cost of travel by the shortest route (Part 3 of the commented article);
- the cost of baggage transportation weighing up to 30 kilograms is subject to compensation;
- in addition to providing compensation for travel and baggage to and from the employee’s place of rest, this compensation is provided to non-working members of his family (husband, wife, minor children actually living with the employee). For example, the cassation ruling of the Murmansk Regional Court dated January 12, 2011 N 33-11-2011 established that the claims for compensation for the cost of travel from the place of rest and back for a minor daughter were satisfied, since the right to compensation for travel costs was established labor legislation, since a minor child is a member of the employee’s family who has the right to compensation for the cost of travel to the place of use of the vacation and back;
- compensation to the employee’s family members is provided regardless of the time of vacation use;
- compensation is provided at the employee’s main place of work (Part 7 of the commented article). Thus, the employee cannot count on the provision of this compensation in the case of part-time work with the employers listed above.

The compensation in question is of a declarative nature, that is, in order to receive it, the employee must provide the employer with a corresponding application. Moreover, according to the provisions of Part 4 of the commented article, this application must be submitted no later than three working days before departure on vacation, thus the employer has time to transfer Money employee.

The legislator provided that when drawing up an application for appropriate compensation before going on vacation, the employee may not know the exact amount of compensation due to him, because in fact, travel and baggage may not yet be paid for at this time. In this regard, the application indicates the approximate cost of travel. The final payment is made upon return from vacation based on the tickets or other documents provided. In the absence of travel documents, reimbursement of expenses is made upon documentary evidence stay of an employee of the institution and members of his family at the place of use of the vacation (if there are documents confirming the stay in a hotel, sanatorium, holiday home, boarding house, camping, tourist base, as well as in another similar institution or certifying registration at the place of stay) on the basis of a certificate transport organization about the cost of travel along the shortest route to the place of use of the vacation and back in the amount of the minimum fare: if there is a railway connection - at the rate of a reserved seat carriage passenger train; if there is only air service - at the tariff for air transportation in an economy class cabin; if there is only sea or river communication - at the rate of cabin 10 of a group of regular sea vessels transport lines and lines with comprehensive service passengers, category 3 cabins of river vessels of all lines of communication; if there is only road transport - at the bus rate general type(see Decree of the Government of the Russian Federation dated June 12, 2008 N 455 “On the procedure for compensation of expenses for payment of travel costs and baggage transportation to the place of use of vacation and back for persons working in federal government bodies, state non-budgetary funds of the Russian Federation, federal government institutions, located in the Far North and equivalent areas, and members of their families").

Decree of the Government of the Russian Federation dated June 12, 2008 N 455 approved the Rules for compensation of expenses for paying the cost of travel and baggage to the place of use of vacation and back for persons working in federal government bodies, state extra-budgetary funds of the Russian Federation, federal government institutions located in the regions of Krai North and equivalent areas, and members of their families.

In particular, these Rules establish that expenses subject to compensation include:
- payment of the cost of travel to the place of use of the employee of the institution and back to the place of permanent residence - in the amount of actual expenses confirmed by travel documents (including payment for services for issuing travel documents, provision of bedding on trains), but not higher than the cost of travel: by rail- in a compartment carriage of an ambulance branded train; by water transport- in the cabin of the 5th group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the 2nd category of a river vessel of all lines of communication, in the cabin of the 1st category of a ferry vessel; by air - in the economy class cabin; by car- in public motor transport (except taxis), in its absence - in buses with soft folding seats;
- payment of the cost of travel by public transport vehicles (except taxis) to railway station, pier, airport and bus station if you have documents (tickets) confirming expenses;
- payment for the cost of baggage transportation weighing no more than 30 kilograms per employee and 30 kilograms for each family member, regardless of the amount of baggage allowed for free transportation on a ticket for the type of transport followed by the employee and his family members, in the amount of documented expenses.

If an employee of an institution spends a vacation in several places, then the cost of travel to only one of these places (at the employee’s choice), as well as the cost of return travel from the same place to the place of permanent residence are compensated according to actual expenses (subject to travel along the shortest route route) or on the basis of a certificate of fare.

3. As established in Part 6 of the commented article, the payments provided for in this article are targeted and are not summed up in the case where the employee and members of his family did not timely exercise the right to pay the cost of travel and baggage transportation to the place of use of the vacation and back.

For example, the Cassation ruling of the Magadan Regional Court dated May 3, 2011 No. 33-461/2011 in case No. 2-283/2011 established that in a claim for the collection of debt for travel to and from the place of use of vacation, interest for violation of the deadline payment of this amount, the funds paid when returning air tickets, and moral damages were rightfully refused, since the employee did not timely exercise the right to pay the cost of travel to the place of use of the vacation and back, while the right to pay the cost of travel by the employer was not violated.

4. In relation to persons working in state bodies of the constituent entities of the Russian Federation, state institutions of the constituent entities of the Russian Federation, appropriate guarantees and compensation are established by state authorities of the constituent entities of the Russian Federation, in local government bodies, municipal institutions - by regulatory legal acts of local government bodies, and from other employers - collective agreements, labor agreements, labor contracts.

It is noted that guarantees for employees working for these employers are clearly insufficient. They, in comparison with the employees of the “federal level” organizations listed in Part 2 of the commented article, found themselves in a disadvantaged state.

________________
See: Shulubina S.A. Ensuring the labor rights of workers in the Far North: general trends // Labor law in Russia and abroad. 2010. N 4. P.44-46.

In this regard, the Constitutional Court of the Russian Federation indicated that employers not related to budgetary sphere and carrying out entrepreneurial and (or) other economic activity in the regions of the Far North and equivalent areas, are obliged to establish in collective agreements, LNA, adopted taking into account the opinion of the elected bodies of primary trade union organizations, or employment contracts, compensation for persons working for them for the cost of travel and luggage transportation to the place of use of vacation and back within the territory of the Russian Federation in the amount, on conditions and in a manner that must correspond to the intended purpose of this compensation. At the same time, the amount, conditions and procedure for this compensation may differ from those provided for employees of organizations financed from the budget, which may lead to differences in the scope of additional guarantees. However, these differences must be justified, justified and proportionate to constitutionally significant goals, namely, to guarantee the employee the opportunity to travel outside the regions of the Far North and equivalent areas for recreation and recreation. Compensation may be determined based on the balance of interests of the parties employment contract taking into account its purpose, as well as taking into account the real economic capabilities of the employer, which, however, cannot serve as a basis for complete refusal from compensation or its unjustified understatement (see for more details the resolution of the Constitutional Court of the Russian Federation of February 9, 2012 No. 2-P).

As the Ministry of Labor of Russia notes, the norms for reimbursement of expenses for paying the cost of travel and baggage to the place of use of vacation and back for employees of organizations related to the public sector (taking into account the changes made to the commented article in this context should mean “federal level” employers listed in Part 2 of the commented article), are not minimal for employers not related to the public sector (i.e. all other employers), which implies the latter establishing any standards for reimbursement of these expenses, including in amounts less than for employees of organizations related to the budgetary sector. At the same time, when determining the amount, conditions and procedure for compensation of expenses for payment of the cost of travel and baggage to the place of use of vacation and back, it is necessary to ensure their compliance with the purpose of this compensation as guaranteeing the employee the opportunity to travel outside the regions of the Far North and equivalent areas for recreation and recovery. Otherwise, the purpose of introducing this rule as an additional guarantee aimed at realizing the constitutional rights to rest and health protection will not be achieved.

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Information from the Ministry of Labor of Russia "On the issue of application of Part 8 of Article 325 Labor Code Russian Federation concerning the establishment of the procedure for determining legal entities, not financed from different budgets budget system of the Russian Federation, the maximum amount of compensation for the cost of travel and baggage transportation to the place of vacation use and back." http://www.rosmintrud.ru/docs/mintrud/analytics/10.

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1. Article 325 of the Labor Code of the Russian Federation provides for compensation of expenses for the cost of travel and baggage transportation to and from the place of vacation use for employees of organizations financed from the federal budget located in the Far North and equivalent areas, and members of their families.

2. The rules for compensation of expenses for payment of the cost of travel and baggage transportation to the place of use of vacation and back for persons working in organizations financed from the federal budget located in the Far North and equivalent areas, and members of their families are approved by the Decree of the Government of the Russian Federation dated June 12, 2008 N 455 (SZ RF. 2008. N 25. Art. 2986). According to clause 2 of these Rules, employees of organizations and members of their families are compensated once every 2 years at the expense of budget allocations federal budget expenses for paying the cost of travel within the territory of the Russian Federation to the place of use of the employee’s annual paid leave and back by any type of transport (except for taxi), incl. personal, as well as luggage weighing up to 30 kg.

3. Members of the family of an organization employee entitled to compensation for expenses include a non-working husband (wife), minor children (including adopted children) who actually live with the employee. Payment of the cost of travel and luggage transportation to family members of an organization employee is made subject to their departure to the place where the employee’s vacation is used (to one locality according to the existing administrative-territorial division) and return (both with the employee and separately from him) during the employee’s stay. on vacation (clause 3 of the Rules).

4. The right to compensation for expenses for the first and second years of work arises for an employee of the organization simultaneously with the right to receive annual paid leave for the first year of work (clause 4 of the Rules). It should be borne in mind that, according to Art. 122 of the Labor Code, the right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer.

Subsequently, an employee of an organization has the right to compensation for expenses for the third and fourth years of continuous work in this organization - starting from the third year of work, for the fifth and sixth years - starting from the fifth year of work, etc. The right to pay the cost of travel and baggage for family members of an employee of the organization arises simultaneously with the emergence of such a right for the employee of the organization (clause 4 of the Rules).

5. Compensation for expenses is a targeted payment. Funds paid as compensation for expenses are not cumulative if the employee and his family members do not exercise their right to compensation in a timely manner. In this case, the reason why the employee did not exercise his right to compensation for these expenses does not matter (clause 4 of the Rules).

6. Expenses subject to compensation include:

• a) payment of the cost of travel to the place of use of the employee’s vacation and back to the place of permanent residence - in the amount of actual expenses confirmed by travel documents (including an insurance premium for compulsory personal insurance of passengers on transport, payment for services for issuing travel documents, provision of bedding on trains ), but not higher than the fare:

  • by rail - in a compartment carriage of a fast branded train;
  • by water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the II category of a river vessel of all lines of communication, in the cabin of the I category of a ferry vessel;
  • by air - in the economy class cabin;
  • by road - in public road transport (except taxis), in its absence - in buses with soft folding seats;
• b) payment of the cost of travel by public road transport (except taxis) to the railway station, pier, airport and bus station, provided there are documents (tickets) confirming the costs;
• c) payment for the cost of transportation of baggage weighing no more than 30 kg per employee and 30 kg for each family member, regardless of the amount of baggage allowed for free transportation on a ticket for the type of transport that the employee and members of his family are traveling with, in the amount of documented expenses ( clause 5 of the Rules).

7. Applying Article 325 of the Labor Code of the Russian Federation, it should be taken into account that if the documents submitted by an employee of the organization confirm the expenses incurred for travel in a higher category of travel than established by paragraph 5 of these Rules, compensation for expenses is made on the basis of a certificate of the cost of travel in accordance with the established category of travel issued to the employee (members of his family) by the relevant transport organization providing transportation or its authorized agent on the date of purchase of the ticket. The costs of obtaining the specified certificate are not subject to compensation (clause 6 of the Rules).

8. In the absence of travel documents, compensation for expenses is made upon documentary evidence of the stay of the organization’s employee and his family members at the place where the vacation is taken (if there are documents confirming the stay in a hotel, sanatorium, rest home, boarding house, camping, tourist base, as well as in another similar institution or certifying registration at the place of stay) on the basis of a certificate from a transport organization about the cost of travel along the shortest route to the place of use of the vacation and back in the amount of the minimum fare:

• a) if there is a railway connection - at the rate of a reserved seat carriage of a passenger train;
• b) if there is only air service - at the tariff for air transportation in an economy class cabin;
• c) if there is only sea or river communication - at the rate of cabins of group X of a sea vessel of regular transport lines and lines with comprehensive passenger services, cabins III category river vessels of all lines of communication;
• d) if there is only road transport - at the fare of a general bus (clause 7 of the Rules).

9. Compensation for travel expenses of an employee of the organization and members of his family to the place of use of vacation and back by personal transport is made with documentary evidence of the stay of the employee and members of his family at the place of use of vacation in the amount of actual expenses incurred to pay for the cost of consumed fuel, confirmed by receipts gas stations, but not higher than the fare calculated on the basis of fuel consumption standards established for the corresponding vehicle, and based on the shortest route (clause 8 of the Rules).

10. If an employee of an organization spends his vacation in several places, then the cost of travel to only one of these places (at the employee’s choice), as well as the cost of return travel from the same place to the place of permanent residence are compensated according to actual expenses (subject to travel by the shortest route) or on the basis of a certificate of travel costs in accordance with the categories of travel established by clause 5 of these Rules, issued by the transport organization, but not more than the actual expenses incurred (clause 9 of the Rules).

11. In the case of an employee using a vacation organization outside the Russian Federation, incl. for a tourist voucher, compensation is made for travel expenses by rail, air, sea, river, road transport to the railway station, airport, sea (river) port, bus station closest to the place of crossing the border of the Russian Federation, taking into account the requirements established by these Rules.

In this case, the basis for compensation of expenses, in addition to transportation documents, is a copy of a foreign passport (upon presentation of the original) with a mark from the border control authority (checkpoint) about the place of crossing the State Border of the Russian Federation.

In the case of a trip outside the Russian Federation by air without landing at the airport closest to the crossing point of the State Border of the Russian Federation, an employee of the organization provides a certificate of the cost of transportation within the territory of the Russian Federation, included in the cost of the transportation document (ticket), issued by the transport organization (clause 10 of the Rules ).

12. A written application for compensation for the cost of travel and baggage to the place where the vacation is used and back is submitted by the employee of the organization no later than 2 weeks before the start of the vacation. The application shall indicate:

• a) last name, first name, patronymic of the employee’s family members entitled to compensation for expenses, with copies of documents confirming the degree of relationship (marriage certificate, birth certificate, adoption certificate, paternity certificate or change of surname), certificates attached about cohabitation, copies work book non-working family member;
• b) dates of birth of the employee’s minor children;
• c) place of use of the employee’s and his family members’ leave;
• d) types of vehicles that are expected to be used;
• e) route;
• f) approximate cost of travel (clause 11 of the Rules).

13. Reimbursement of expenses is made by the organization based on the approximate cost of travel based on the application submitted by the employee of the organization no later than 3 working days before the employee’s departure on vacation. For the final payment, an employee of the organization is obliged, within 3 working days from the date of returning to work from vacation, to submit a report on the expenses incurred, attaching the originals of travel and transportation documents (tickets, baggage receipts, etc.) transport documents), confirming the expenses of the organization’s employee and his family members. In the cases provided for by these Rules, the employee of the organization provides a certificate of the cost of travel issued by the transport organization (clause 12 of the Rules).

14. An employee of an organization is obliged to fully return the funds paid to him as preliminary compensation for expenses if he did not use them for travel to and from the place of vacation use (clause 12 of the Rules).

15. These Rules do not apply to categories of employees and members of their families for whom, in accordance with the legislation of the Russian Federation, other amounts and conditions for reimbursement of expenses for the cost of travel and baggage transportation to the place of use of vacation and back are provided for at the expense of the federal budget (clause 14 Rules).

16. State authorities of the constituent entities of the Russian Federation and local governments have the right, in accordance with Part 8 of Article 325 of the Labor Code of the Russian Federation, to independently determine the amount, conditions and procedure for compensation of expenses for paying the cost of travel and baggage transportation to the place of use of vacation and back for employees of organizations, financed from regional and local budgets. In certain regions of the Russian Federation and in some municipalities There are slightly different conditions and procedures for compensation of these expenses compared to the corresponding conditions and procedures provided for employees of organizations financed from the federal budget. For example, in accordance with Art. 7 of the Law of the Republic of Buryatia dated October 9, 2007 N 2526-III “On guarantees and compensation for persons working in organizations financed from the republican budget and located in areas equivalent to the regions of the Far North of the Republic of Buryatia” (Collection of Legislation of the Republic of Buryatia. 2007. N 10 - 11) the right to compensation for the cost of travel and baggage transportation to the place of use of vacation and back for employees of organizations financed from the republican budget does not arise simultaneously with the right to receive annual paid leave for the first year of work, but only after 12 months of work in this organization. According to paragraph 1 of the decision of the Arkhangelsk City Council of Deputies dated November 30, 2004 N 347 “On guarantees and compensation for persons working in organizations of the city of Arkhangelsk as an area equated to the regions of the Far North, and financed from the city budget” (Gazette of the Arkhangelsk City Council Deputies 2004. N 46) the right to travel to and from the place of use of vacation within the territory of the Russian Federation, paid once every 2 years at the expense of the employer, as well as to pay the cost of luggage weighing up to 30 kg is granted to persons working in organizations of the city. Arkhangelsk. Employers also pay once every 2 years the cost of travel for the employee’s minor children to their place of rest (treatment) and back.

17. The amount, conditions and procedure for compensation of expenses provided for in Article 325 of the Labor Code of the Russian Federation for employers not related to the public sector are established by collective agreements, local regulations adopted taking into account the opinion of the elected bodies of primary trade union organizations, as well as individual labor contracts.

Labor Code, N 197-FZ | Art. 325 Labor Code of the Russian Federation

Article 325 of the Labor Code of the Russian Federation. Reimbursement of expenses for travel and baggage transportation to the place of vacation use and back (current version)

Persons working in organizations located in the Far North and equivalent areas have the right to pay once every two years at the expense of the employer the cost of travel and luggage transportation within the territory of the Russian Federation to the place of vacation and back. The employee’s right to compensation for these expenses arises simultaneously with the right to receive annual paid leave for the first year of work in this organization.

Federal state bodies, state extra-budgetary funds of the Russian Federation, federal state institutions pay the employee the cost of travel within the territory of the Russian Federation to the place of use of vacation and back by any means of transport (except taxis), including personal ones, the cost of luggage weighing up to 30 kilograms, as well as the cost of travel and luggage transportation to the place where the employee’s vacation is used and back to non-working members of his family (husband, wife, minor children actually living with the employee) regardless of the time of use of the vacation.

Payment for the cost of travel of the employee and his family members by personal transport to the place of use of the vacation and back is made at the lowest cost of travel by the shortest route.

Payment of the cost of travel and baggage transportation to the place of use of the vacation of an employee of a federal government agency, a state non-budgetary fund of the Russian Federation or a federal government agency and members of his family and back is made at the request of the employee no later than three working days before departure on vacation based on the approximate cost of travel . The final payment is made upon return from vacation based on the tickets or other documents provided.

The procedure for compensation of expenses for travel and baggage transportation to and from the place of vacation use for persons working in federal government agencies, state extra-budgetary funds of the Russian Federation, federal government agencies, and members of their families is established by regulatory legal acts of the Government of the Russian Federation.

The payments provided for in this article are targeted and are not cumulative in the event that the employee and members of his family do not timely exercise the right to pay the cost of travel and baggage transportation to and from the place of vacation use.

The guarantees and compensation provided for by this article are provided to an employee of a federal government agency, a state extra-budgetary fund of the Russian Federation or a federal government agency and members of his family only at the employee’s main place of work.

The amount, conditions and procedure for compensation of expenses for payment of the cost of travel and baggage transportation to the place of use of vacation and back for persons working in government bodies of the constituent entities of the Russian Federation, territorial compulsory medical insurance funds, government institutions of the constituent entities of the Russian Federation are established by regulatory legal acts of government bodies subjects of the Russian Federation, in local government bodies, municipal institutions, - regulatory legal acts of local government bodies, with other employers, - collective agreements, local regulations adopted taking into account the opinion of elected bodies of primary trade union organizations, labor contracts.

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Commentary to Art. 325 Labor Code of the Russian Federation

1. The commented article provides for compensation for the cost of travel and baggage transportation to and from the place of vacation use for employees of organizations financed from the federal budget located in the Far North and equivalent areas, and members of their families.

2. Rules for compensation of expenses for payment of the cost of travel and baggage transportation to the place of use of vacation and back for persons working in federal government bodies (state bodies) and federal government institutions located in the regions of the Far North and equivalent areas, and their members families are approved by Decree of the Government of the Russian Federation dated June 12, 2008 N 455. According to clause 2 of these Rules, employees of institutions and members of their families are compensated once every two years from budgetary allocations of the federal budget for the cost of travel within the territory of the Russian Federation to the place of use annual paid leave of the employee and back by any type of transport (except taxi), incl. personal, as well as luggage weighing up to 30 kg.

3. Members of the family of an employee of an institution who have the right to compensation for expenses include a non-working husband (wife), minor children (including adopted children) who actually live with the employee. Payment of the cost of travel and luggage transportation to family members of an organization employee is made subject to their departure to the place where the employee’s vacation is used (to one locality according to the existing administrative-territorial division) and return (both with the employee and separately from him) during the employee’s stay. on vacation (clause 3 of the Rules).

4. The right to compensation for expenses for the first and second years of work arises for an employee of an institution simultaneously with the right to receive annual paid leave for the first year of work (clause 4 of the Rules). It should be borne in mind that according to Art. 122 of the Labor Code, the right to use vacation for the first year of work arises for the employee after six months of his continuous work with this employer.

Subsequently, the employee of the institution has the right to compensation for expenses for the third and fourth years of continuous work in this organization - starting from the third year of work, for the fifth and sixth years - starting from the fifth year of work, etc. The right to pay the cost of travel and baggage for family members of an employee of an institution arises simultaneously with the emergence of such a right for an employee of an institution (clause 4 of the Rules).

5. Compensation for expenses is a targeted payment. Funds paid as compensation for expenses are not summed up if the employee and his family members do not exercise their right to compensation in a timely manner (clause 4 of the Rules). In this case, the reason why the employee did not exercise his right to compensation for these expenses does not matter.

6. Expenses subject to compensation include:

a) payment of the cost of travel to the place of use of the employee’s vacation and back to the place of permanent residence - in the amount of actual expenses confirmed by travel documents (including payment for services for issuing travel documents, provision of bedding on trains), but not higher than the cost of travel:

By rail - in a compartment carriage of a fast branded train;

By water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the II category of a river vessel of all lines of communication, in the cabin of the I category of a ferry vessel;

By air - in the economy class cabin;

By road - in public road transport (except taxis), in its absence - in buses with soft folding seats;

b) payment of the cost of travel by public road transport (except taxis) to the railway station, pier, airport and bus station, provided there are documents (tickets) confirming the costs;

c) payment for the cost of carriage of baggage weighing no more than 30 kg per employee and 30 kg for each family member, regardless of the amount of baggage allowed for free carriage on a ticket for the type of transport followed by the employee and members of his family, in the amount of documented expenses ( clause 5 of the Rules).

7. If the documents submitted by the employee of the institution confirm the expenses incurred for travel for a higher category of travel than established by paragraph 5 of these Rules, compensation for expenses is made on the basis of a certificate of the cost of travel in accordance with the established category of travel issued to the employee (members of his family ) the relevant transport organization providing transportation or its authorized agent on the date of purchase of the ticket. The costs of obtaining the specified certificate are not subject to compensation (clause 6 of the Rules).

8. In the absence of travel documents, reimbursement of expenses is made upon documentary confirmation of the stay of the employee of the institution and his family members at the place where the vacation is used (if there are documents confirming the stay in a hotel, sanatorium, rest home, boarding house, camping, at a tourist base, as well as in another similar institution or certifying registration at the place of stay) on the basis of a certificate from a transport organization about the cost of travel along the shortest route to the place of use of the vacation and back in the amount of the minimum fare:

a) if there is a railway connection - at the rate of a reserved seat carriage of a passenger train;

b) if there is only air service - at the tariff for air transportation in an economy class cabin;

c) if there is only sea or river communication - at the rate of cabins of the X group of a sea vessel of regular transport lines and lines with comprehensive passenger services, cabins of the III category of a river vessel of all lines of communication;

Judicial practice under Article 325 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination No. 8-КГ15-19, Judicial Collegium for Civil Cases, cassation

  According to Part 1 of Article 325 of the Labor Code of the Russian Federation, persons working in organizations located in the regions of the Far North and equivalent areas have the right to pay once every two years at the expense of the employer the cost of travel and baggage transportation within the territory of the Russian Federation to place of use of vacation and back The right to compensation for these expenses arises for the employee simultaneously with the right to receive annual paid leave for the first year of work in this organization...

• Decision of the Supreme Court: Determination No. 8-КГ15-18, Judicial Collegium for Civil Cases, cassation

  Believing that the employer violated his right to full reimbursement of travel expenses to and from the place of vacation, established in Article 325 of the Labor Code of the Russian Federation, Lystsev A.N. asked the court to recover from the defendant the expenses incurred by him for travel by rail to the airport in Moscow and back in the amount of rubles, compensation for moral damage in the amount of rubles, and reimbursement of legal expenses...

• Decision of the Supreme Court: Determination No. 8-КГ15-9, Judicial Collegium for Civil Cases, cassation

  Resolving the dispute and partially satisfying the claims of Semenova N.N., the court of first instance proceeded from the fact that the employer violated the employee’s right, established by Part 1 of Article 325 of the Labor Code of the Russian Federation, to full reimbursement of the cost of travel once every two years at the expense of the employer to place of vacation use and back...

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice—the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

ST 325 Labor Code of the Russian Federation.

Persons working in organizations located in the Far North and equivalent areas have the right to pay once every two years at the expense of the employer the cost of travel and luggage transportation within the territory of the Russian Federation to the place of vacation and back. The employee’s right to compensation for these expenses arises simultaneously with the right to receive annual paid leave for the first year of work in this organization.

Federal state bodies, state extra-budgetary funds of the Russian Federation, federal state institutions pay the employee the cost of travel within the territory of the Russian Federation to the place of use of vacation and back by any means of transport (except taxis), including personal ones, the cost of luggage weighing up to 30 kilograms, as well as the cost of travel and luggage transportation to the place where the employee’s vacation is used and back to non-working members of his family (husband, wife, minor children actually living with the employee) regardless of the time of use of the vacation.

Payment for the cost of travel of the employee and his family members by personal transport to the place of use of the vacation and back is made at the lowest cost of travel by the shortest route.

Payment of the cost of travel and baggage transportation to the place of use of the vacation of an employee of a federal government agency, a state non-budgetary fund of the Russian Federation or a federal government agency and members of his family and back is made at the request of the employee no later than three working days before departure on vacation based on the approximate cost of travel . The final payment is made upon return from vacation based on the tickets or other documents provided.

The procedure for compensation of expenses for travel and baggage transportation to and from the place of vacation use for persons working in federal government agencies, state extra-budgetary funds of the Russian Federation, federal government agencies, and members of their families is established by regulatory legal acts of the Government of the Russian Federation.

The payments provided for in this article are targeted and are not cumulative in the event that the employee and members of his family do not timely exercise the right to pay the cost of travel and baggage transportation to and from the place of vacation use.

The guarantees and compensation provided for by this article are provided to an employee of a federal government agency, a state extra-budgetary fund of the Russian Federation or a federal government agency and members of his family only at the employee’s main place of work.

The amount, conditions and procedure for compensation of expenses for payment of the cost of travel and baggage transportation to the place of use of vacation and back for persons working in government bodies of the constituent entities of the Russian Federation, territorial compulsory medical insurance funds, government institutions of the constituent entities of the Russian Federation are established by regulatory legal acts of government bodies subjects of the Russian Federation, in local government bodies, municipal institutions, - regulatory legal acts of local government bodies, with other employers, - collective agreements, local regulations adopted taking into account the opinion of elected bodies of primary trade union organizations, labor contracts.

Commentary to Art. 325 Labor Code of the Russian Federation

1. The commented article establishes general rule on payment once every two years at the expense of the employer of the cost of travel and luggage transportation within the territory of the Russian Federation to the place of use of vacation and back for all persons working in any organizations located in the regions of the Far North and equivalent areas. The procedure for compensation of expenses for the cost of travel and baggage transportation to the place of use of vacation and back for persons working in organizations financed from the federal budget and members of their families is established by Decree of the Government of the Russian Federation of June 12, 2008 N 455 “On the procedure for compensation of expenses for payment of the cost of travel and baggage transportation to and from the place of vacation use for persons working in federal government bodies (state bodies) and federal government institutions located in the regions of the Far North and equivalent areas, and members of their families."

2. Once every two years, employees of institutions and members of their families are compensated from budgetary allocations of the federal budget for the cost of travel within the territory of the Russian Federation to the place of use of the employee’s annual paid leave and back by any type of transport (except for taxis), including including personal, as well as luggage weighing up to 30 kg (hereinafter referred to as compensation of expenses).

3. Family members of an institution employee entitled to compensation for expenses include a non-working husband (wife) and minor children (including adopted children) who actually live with the employee.

Payment of the cost of travel and luggage for family members of an employee of an institution is made subject to their departure to the place of use of the employee’s vacation (to one locality according to the existing administrative-territorial division) and return (both together with the employee and separately from him).

4. The right to compensation for expenses for the first and second years of work arises for an employee of an institution simultaneously with the right to receive annual paid leave for the first year of work. Subsequently, the employee of the institution has the right to compensation for expenses for the third and fourth years of continuous work in the specified institution - starting from the third year of work, for the fifth and sixth years - starting from the fifth year of work, etc.

The right to pay the cost of travel and baggage for family members of an employee of an institution arises simultaneously with the emergence of such a right for an employee of an institution.

Compensation for expenses is a targeted payment. Funds paid as compensation for expenses are not cumulative if the employee and his family members do not exercise their right to compensation in a timely manner.

5. Expenses subject to compensation include:

a) payment of the cost of travel to the place of use of the employee’s vacation and back to the place of permanent residence - in the amount of actual expenses confirmed by travel documents (including payment for services for issuing travel documents, provision of bedding on trains), but not higher than the cost of travel:

by rail - in a compartment carriage of a fast branded train;

by water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the II category of a river vessel of all lines of communication, in the cabin of the I category of a ferry vessel;

by air - in the economy class cabin; by road - in public road transport (except taxis), in its absence - in buses with soft folding seats;

b) payment of the cost of travel by public road transport (except taxis) to the railway station, pier, airport and bus station, provided there are documents (tickets) confirming the costs;

c) payment of the cost of baggage transportation weighing no more than 30 kg per employee and 30 kg for each family member, regardless of the amount of baggage allowed for free transportation on a ticket for the type of transport that the employee and his family members are traveling with, in the amount of documented expenses.

If the documents submitted by the employee confirm the expenses incurred for travel for a higher category of travel, compensation for expenses is made on the basis of a certificate of the cost of travel in accordance with the established category of travel issued to the employee (members of his family) by the relevant transport organization carrying out the transportation or its authorized agent ( hereinafter referred to as the transport organization) on the date of purchase of the ticket. The costs of obtaining this certificate are not subject to compensation.

In the absence of travel documents, reimbursement of expenses is made upon documentary confirmation of the stay of the employee of the institution and his family members at the place where the vacation is used (if there are documents confirming the stay in a hotel, sanatorium, rest home, boarding house, camping, tourist base, as well as in another similar institution or certifying registration at the place of stay) on the basis of a certificate from the transport organization about the cost of travel along the shortest route to the place of use of the vacation and back in the amount of the minimum fare:

if there is a railway connection - at the tariff of a reserved seat carriage of a passenger train;

if there is only air service - at the tariff for air transportation in an economy class cabin;

if there is only sea or river communication - at the rate of cabins of the X group of a sea vessel of regular transport lines and lines with comprehensive passenger services, cabins of the III category of a river vessel of all lines of communication;

if there is only road transport - at the general bus fare.

6. Compensation for travel expenses of an employee of an institution and members of his family to the place of use of vacation and back by personal transport is made with documentary evidence of the stay of the employee and members of his family at the place of use of vacation in the amount of actual expenses incurred to pay the cost of consumed fuel, confirmed by receipts from gas stations, but not higher than the cost of travel, calculated on the basis of fuel consumption standards established for the corresponding vehicle, and based on the shortest route.

7. If an employee of an institution spends a vacation in several places, then the cost of travel to only one of these places (at the employee’s choice), as well as the cost of return travel from the same place to the place of permanent residence are compensated according to actual expenses (subject to travel along the shortest route route) or on the basis of a certificate of the cost of travel issued by the transport organization, but no more than the actual expenses incurred.

8. If an employee takes a vacation outside of Russia, compensation for travel expenses by rail, air, sea, river, or road transport to the nearest railway station, airport, sea (river) port, or bus station to the place of crossing the border of the Russian Federation is made. The basis for compensation of expenses, in addition to transportation documents, is a copy of a foreign passport (upon presentation of the original) with a mark from the border control authority (checkpoint) about the place of crossing the State Border of the Russian Federation.

In the case of a trip outside the Russian Federation by air without landing at the airport closest to the point of crossing the State Border of the Russian Federation, the employee provides a certificate of the cost of transportation within the territory of the Russian Federation, included in the cost of the transportation document (ticket), issued by the transport organization.

9. A written application for compensation for the cost of travel and luggage transportation to and from the place where the vacation is used is submitted by the employee of the institution no later than two weeks before the start of the vacation.

Reimbursement of expenses is made by the institution based on the approximate cost of travel based on the application submitted by the employee no later than three working days before the employee’s departure on vacation.

For the final payment, the employee is obliged, within three working days from the date of return to work from vacation, to submit a report on the expenses incurred, attaching the originals of travel and transportation documents (tickets, baggage receipts, other transport documents) confirming his expenses, or a certificate of the cost of travel, issued by the transport organization.

An employee of an institution is obliged to fully return the funds paid to him as preliminary compensation for expenses if he did not use them for travel to and from the place of vacation.

10. Compensation for expenses is provided to the employee only at the main place of work.

11. Arbitrage practice clarifies the rules for providing compensation to persons working in organizations financed from the federal budget located in the Far North and equivalent areas.

In connection with travel to and from the place of vacation use by personal transport, the specified persons are compensated for the actual expenses incurred by them to pay for the cost of fuel consumed along the way. Compensation for expenses associated with transporting a car from places with no road connections is not provided, since it is not provided for by law (see Determination of the Armed Forces of the Russian Federation of September 1, 2009 N 70-B09-5).

12. Resolution of the Constitutional Court of the Russian Federation of February 9, 2012 No. 2-P states the following. The regulatory provision of Part 8 of the commented article presupposes the obligation of employers who are not related to the public sector and who carry out entrepreneurial and (or) other economic activities in the regions of the Far North and equivalent areas to compensate the persons working for them for the cost of travel and baggage transportation to place of use of vacation and back and at the same time allows you to establish the amount, conditions and procedure for this compensation based on the balance of interests of the parties to the employment contract, taking into account its intended purpose (to maximize the employee’s travel outside the unfavorable natural and climatic zone), and also taking into account real economic opportunities of the employer, which, however, cannot serve as a basis for a complete refusal of compensation or its unjustified understatement.

13. Compensation for the cost of travel to the place of use of the vacation and back for women on maternity leave is carried out on a general basis, i.e. when providing women with regular paid leave (letter from the Ministry of Health and social development RF dated February 15, 2010 N 217-13).

Annual paid leave is granted to a woman regardless of her length of service with a given employer before or immediately after maternity leave or at the end of child care leave (see Article 260 of the Labor Code of the Russian Federation and the commentary thereto).