Another vacation according to the Russian Labor Code. How many days of vacation is an employee entitled to per year - the procedure for provision and duration

Every worker needs rest, even the most hardworking. During this time, a person gains strength and acquires positive emotions, which has a beneficial effect on his future ability to work. Citizens have a need for vacation periods in connection with pregnancy and raising a child and vacations necessary for personal reasons at their own expense. Amendments are periodically made to the Labor Code and other regulations of the Russian Federation regarding the vacation issue. When planning this or that type of vacation period, a citizen must take these nuances into account.

New in the holiday law

Vacation is a citizen's right to rest established by Russian legislation. For the period of 2017, this is provided for 28 days with payment of wages.

By and large, the standards regarding vacation leave have not undergone significant changes. Current provisions Article 114 of the Labor Code of the Russian Federation provides for the provision of annual leave to employees based on an application.

During paid leave, according to the law, the employer does not have the right to fire an employee. Also, management is not empowered to deprive an employee of his position or average salary during this period.

According to the current law, upon dismissal, a citizen is entitled to compensation for all vacation periods that he did not have time to use. Exceptions are dismissal due to the fault of the employee or, in some cases, going on vacation followed by dismissal due to the expiration of the employment contract.

When and who is entitled to leave according to the law?

The provisions of the leave law are determined by regulations Labor Code of the Russian Federation. The Labor Code of the Russian Federation was adopted on December 21 and signed by the President of the Russian Federation on December 30, 2001. Chapter 19 This Labor Code of the Russian Federation regulates all provisions related to the observance of the right of citizens to rest according to the law. Covers issues regarding the provision, extension and payment of vacation days.

According to the actual law, for the paid vacation period lasting 28 days Absolutely all citizens have the right.

According to the law, the following are entitled to extended leave:

Young mothers who are about to go on maternity leave or have just returned from it;
Minor citizens;
Citizens who have adopted a child under 3 months of age;
Other categories of citizens, as agreed and in cases provided for by the Federal laws of the Russian Federation.

The latest changes to Chapter 19 (“Vacation”) of the Labor Code of the Russian Federation were made by Federal Law of December 28, 2013 N 421-FZ. The amendments affected the provisions set out in Article 126 of the Labor Code of the Russian Federation. According to the current text, part of the vacation, upon the official written application of the employee, can be replaced cash payment. If vacation days were not used and transferred to the next year, each part of their total amount can be replaced with monetary compensation if the employee wishes.

Replacing vacation with a cash payment is not acceptable in the following cases:

Women experiencing pregnancy;
Workers who have not yet turned 18 years of age;
Employees working in dangerous and harmful conditions.

The exception is monetary compensation upon dismissal.

Providing annual paid leave

Annual paid leave is provided to each employee in order of priority in relation to the work schedule. The employer is not authorized to deny an employee the exercise of the official right to rest granted by law.

Vacation schedule is created directly within the organization, according to the article 123 Labor Code of the Russian Federation. This internal regulation must be drawn up in December of the previous year and agreed in advance with trade unions. According to the law, only persons belonging to groups may not be included in the schedule who are entitled to extraordinary leave. Drawing up a vacation schedule is the direct responsibility of the employer.

The process of granting statutory leave with paid pay can be divided into the following stages:

Notification of the employee by the employer;
Drawing up an order for the provision of vacation days;
Calculation and transfer of vacation pay;
Indication of information about leave in the employee’s personal file.

Part 3 of Article 123 of the Labor Code of the Russian Federation includes the responsibilities of the employer with timely notification of the employee about the upcoming provision of vacation days. The employee must be notified no later than 2 weeks before the relevant period. The current law does not regulate the form of notification, but written instructions remain the preference of many employers.

For registration of an order organizations are authorized to use forms like No. T-6, if leave is prescribed to one employee. If vacation days are assigned to several employees at once, the sample is used No. T-6a. The order must indicate the full name of the company and its abbreviation, document encoding according to OKUD (0301005) and by OKPO. The order is considered valid from the moment it is signed by the directorate of the organization (state 3.11 GOST R 6.30-2003).

The procedure for calculating vacation pay installed clause 9 of Art. 136 Labor Code of the Russian Federation. According to the law, the employee must be provided with payments no later than within 3 calendar days before the start of the vacation.

IN personal file or personal card The employee provides information about all types of leaves that were granted to him, the reasons for their provision and the timing.

If the employer does not notify the employee on time about the upcoming vacation, the employee has the right to postpone vacation days to a more convenient time for himself (Part 2 of Article 124 of the Labor Code of the Russian Federation).

At your own expense

Leave at your own expense is provided to employees based on application. The grounds for unpaid leave are family circumstances and other valid reasons. The deadlines are determined by the employer. According to the law, he is authorized refuse in providing unpaid vacation days. The reason for refusal may be the urgent need for the employee to be present at work at the actual moment.

The employer does not have the right to refuse to provide unpaid vacation days to the following categories of citizens:

WWII veterans (up to 35 calendar days);
Age pensioners (up to 16 calendar days);
For disabled people (up to 60 calendar days);
Parents and spouses of military personnel, firefighters, customs officers, and police officers killed in the line of duty (up to 16 calendar days);
Citizens on the occasion of the birth of a child, death and funeral of close relatives or a wedding (up to 5 calendar days).

Maternity leave

A phenomenon popularly known as "maternity leave" actually is a combination of two types of leave related to reproductive circumstances:

Maternity leave - provided at the 30th week of pregnancy, according to the conclusion of the attending physician, in the form of a sick leave certificate;
Parental leave- according to the law, it is provided for the period until the child reaches three years of age.

If necessary, you can go on maternity leave before the official deadline. The basis for early care is a difficult pregnancy, complications and the risk of miscarriage, determined by the attending physician. You can go on maternity leave later, but you must remember that the postpartum period will not be extended due to a shortened prenatal period.

The right to a “maternity” leave period is specified in articles 225-226 current Labor Code of the Russian Federation. They have this right by law all working women and students, as well as unemployed people on the labor exchange.

According to the law, the following can receive maternity benefits:

Officially employed women;
Women soldiers;
Expectant mothers whose dismissal occurred due to the liquidation of the enterprise;
Female students.

If the expectant mother was employed at several enterprises at once, then each employer is obliged to pay her benefits.

Download the vacation law

In order to study the vacation issue in detail, as well as other issues related to the employment of citizens, you should familiarize yourself with the provisions of this Labor Code of the Russian Federation. The current text of the Labor Code of the Russian Federation with the latest amendments can be downloaded from the link:

Another vacation

Regular annual leave in accordance with the Labor Code in 2017 is provided to employees on the condition that their average earnings and position are maintained (Article 114). An employee can use his rest time at his own discretion (Article 106). This article will tell you about the procedure for registering the next paid leave for persons employed under employment contracts.

Regulatory regulation of the next vacation

The next vacation according to the Labor Code of 2017 is entitled to employees of any enterprise, regardless of legal and industry affiliation, position, remuneration system and other factors. In this case, periods of release from work are fixed by the employer in the annual vacation schedule. The following categories of employees have the right to count on regular leave:

Part-time workers (Article 287 of the Labor Code).
Persons working remotely (Article 312.4).
Seasonal employees (Article 295).
Conscript workers (Article 291).
Part-time specialists, that is, working part-time (Article 93).
Home-based employees (Article 310).

Pay attention! Individuals involved in work under GPC contracts are not entitled to regular paid leave (Article 11 of the Labor Code).

To legally receive vacation, the employee and employer must comply with the mandatory personnel document flow, and the company’s accountant will also need to calculate vacation payments based on average earnings for the previous 2 years and issue money to the individual in a timely manner.

Regular paid leave - the procedure for providing it

Duration– according to the general rules of Art. 115 the duration of annual leave must be at least 28 calendar days. Certain categories of employees are provided with an additional rest period or extended leave.

Right to regular paid leave– occurs in an employed specialist after six months of continuous employment with a given employer (Article 122). The calculation is carried out not from the beginning of the year, but from the date of work. In this case, by mutual agreement of the parties, it is allowed to go on vacation earlier than the designated moment. Pregnant women, minor employees, adoptive parents of young children (up to 3 months) can use the right to leave at their own discretion, regardless of length of service.

Read also: Can an individual entrepreneur work in another organization using a work book?

Transferring vacations– the possibility of postponing or extending the rest period at the request of the employee is allowed in case of illness of an individual, in the case of performing various government duties (Article 124). Also, if the employer violates the deadlines for paying vacation pay or giving notice of the start of vacation.

Division of holidays- according to Art. 125 of the Labor Code, regular leave can be divided into parts by agreement between the company administration and the employee. In this case, at least one period should not be less than 14 calendar days.

Sequence of vacations– according to Art. 123, each employer is obliged to approve the vacation schedule no later than 2 weeks before the start of the new year, that is, before December 17. The employee is notified of the onset of vacation at least 2 weeks before it begins.

Vacation document flow includes– Leave order in form T-6 or T-6a; making notes on time sheets (OT or “09”) and on personal cards T-2 (Section VIII). In some cases, a statement is required.

Vacation pay– to calculate accruals, it is necessary to determine the length of service (except for excluded periods) and the total income of the specialist for 2 years. Then the average daily earnings are calculated and multiplied with the number of vacation days.

Leave application - example

A written statement is required in a situation where a person goes on vacation unscheduled. This is possible if the employee got a job with the employer after the schedule was approved or had not yet received the right to leave at the time of drawing up the document. The application is drawn up in any form with the obligatory indication of the name/position of the manager and employee, the start and end dates of the rest period.

LLC "Clean Water"

I ask you to provide me with another paid leave for a period of 14 (fourteen) calendar days from April 17, 2017 to April 30, 2017.

Amendments to the Labor Code 2017

Establishing state guarantees in the field of labor, creating favorable conditions for work, protecting the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These questions are relevant for the vast majority of organizations and for many individual entrepreneurs. Let us recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will tell you about some of the main changes to the Labor Code in 2017 in our material.

Relief for micro-enterprises

From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law dated 07/03/2016 No. 348-FZ). It establishes some specifics for employers who are micro-enterprises.

Thus, a microenterprise has the right to refuse, in whole or in part, the adoption of local labor regulations. We are talking, for example, about internal labor regulations, regulations on wages or bonuses, shift schedules, etc. However, this does not mean that such issues in a microenterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, must be included directly in employment contracts with employees. To do this, the standard form of the employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

New mandatory document when concluding an employment contract

From 01/01/2017, the amendment to Art. adopted back in 2015 came into force. 65 of the Labor Code of the Russian Federation, concerning the list of documents presented when applying for a job. Let us remind you that persons subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances are not allowed to perform certain types of work until the end of such punishment (clause 1 of article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:

Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) indicating whether or not the person is subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

What new did the Federal Law “On Amendments to the Labor Code of the Russian Federation” of June 18, 2017 No. 125-FZ bring? The Law on Amendments to the Labor Code of 2017 provides for major changes to the following articles of the Labor Code of the Russian Federation:

Art. 93 Labor Code of the Russian Federation “Part-time work”;
Art. 101 of the Labor Code of the Russian Federation “Irregular working hours”;
Art. 108 Labor Code of the Russian Federation “Breaks for rest and nutrition”;
Art. 152 of the Labor Code of the Russian Federation “Payment for overtime work”;
Art. 153 of the Labor Code of the Russian Federation “Payment on weekends and non-working holidays.”

Clarifications on part-time work

Article 93 of the Labor Code of the Russian Federation previously provided for the possibility, by agreement of the parties to the employment contract, to establish part-time working hours for the employee. And this could be done both when applying for a job and subsequently. It has now been clarified that part-time work can be introduced, among other things, by dividing the working day into parts. In addition, in the new version of Art. 93 of the Labor Code of the Russian Federation states that part-time work can be established both without a time limit and for any period agreed upon by the employer and employee.

In addition, previously the employer was obliged to establish a part-time working schedule at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14, and in other cases. However, the period for which the employer sets mandatory part-time work for such employees is now limited. This must be done at the request of the employee for a period convenient for him, but not longer than the period of the presence of circumstances that were the basis for the mandatory establishment of part-time work. Also, the new version of Art. 93 of the Labor Code of the Russian Federation establishes that the regime of working time and rest time, the start and end time of work, and the time of breaks in work are established taking into account the wishes of the employee and the specific conditions of the employer.

Can you do without lunch?

New edition of Art. 108 of the Labor Code of the Russian Federation provides that if an employee’s daily work (shift) duration is set to no more than 4 hours, a lunch break (the so-called “break for rest and food”) may not be provided. The condition for this must be recorded in the Internal Labor Regulations or in the employment contract with the employee.

Amendments to the Labor Code 2017 on overtime

The Law on Amendments to the Labor Code of June 18, 2017 No. 125-FZ, effective January 1, 2017, establishes when an irregular working day can be introduced for an employee who works part-time. This can be done only when the agreement of the parties establishes a part-time working week, but at the same time a full working day (shift) is introduced on working days (Article 101 of the Labor Code of the Russian Federation).

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation clarifies the procedure for paying overtime work. Let us remind you that, as a general rule, overtime work is paid for the first two hours at least one and a half times the rate, for subsequent hours - at least double the rate or is compensated by providing equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of “regular” overtime work is not taken into account.

Additionally, the specifics of remuneration on a weekend or non-working holiday have been clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid at an increased rate for hours actually worked on a day off or a non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

Another vacation under the Labor Code 2017

In accordance with Article 21 of the Labor Code of the Russian Federation, all employed citizens who have entered into an employment contract with an employer can take advantage of the right to paid leave. Days of legal holidays are considered days of rest for an employed person, on which he is completely exempt from fulfilling his official obligations and can spend this period as he wants.

Basic provisions

There are two legislative acts regulating the right of an employee to use regular paid leave, which is provided only once a year. This:

Constitution of the Russian Federation (Article 37).
Labor Code of the Russian Federation (Article 21).

Annual legal rest is the rest time of an employee working under an employment contract; it has a certain number of days established by law (calculated according to the calendar). Divided into:

As for individuals who are hired for a position under a civil law transaction (contract, assignments, etc.), regular leave is not provided for them under the Labor Code of 2017 (Article 11 of the Labor Code of the Russian Federation).

During the period of rest, the worker retains his position and earnings. Payment of monetary remuneration for vacation days is carried out based on the employee’s average daily salary from the employer’s funds. Regardless of the place of work, form of remuneration, shift, job responsibilities, urgency of the labor relationship and other parameters, paid leave must be provided to the employee, including those employed:

under conditions of remote work;
on a part-time basis;
part-time.

Read also: Is it possible to open a cafe in a residential building?

The duration of rest for a hired worker depends on the trend and conditions of his work.

General requirements

In accordance with the Labor Code of the Russian Federation (Article 114), vacation is considered free time, which is allocated:

to each hired worker for a certain number of days;
its provision is a mandatory condition;
when an employee goes on another vacation, his place of work and earnings remain with him;
Payment is made based on the average daily income for the past year.

To receive annual rest, workers must meet certain conditions:

Minimum work experience at the enterprise.
Compliance of vacation with the drawn up vacation schedule.
Registration of rest with an internal order, where the employee puts his signature opposite the entry “I have read the order.”
The basis for drawing up the order is an application for the next vacation; the 2017 sample is drawn up according to the previous year’s sample, unless otherwise provided by the enterprise’s accounting policy.

"Vacation" experience

Let's take a closer look at how the minimum length of service at an enterprise is determined. The general requirements for calculations are approved by the Labor Code of the Russian Federation, namely in Article 121.

The work “vacation” period includes:

actual time worked at this enterprise;
the period of absence of the employee from the enterprise (provided that the downtime or time off was forced);
removal from work of a worker, which occurred through no fault of his own;
rest for an employee “at his own expense” (up to 14 calendar days).

“Vacation” experience does not cover:

maternity leave;
absenteeism, downtime, removal from work due to the fault of the vacationer himself;
vacation without pay “at your own expense” beyond the established 14 calendar days.

According to legislative norms, a worker has time to go on a legal weekend after 6 months of work with one employer. Exceptions include certain individuals:

pregnant women and mothers on maternity leave;
workers who have not reached the age of majority;
adoptive parents of newborn children.

Vacation schedule

The procedure for allocating regular vacations presupposes the fulfillment of the priority conditions, that is, in accordance with the T-7 form (vacation schedule). There are two design options:

The schedule indicates exact dates. The person responsible for drawing up the document is obliged to notify the worker of the start and end dates 14 days (calendar) before the start of the vacation.
The schedule is drawn up indicating only the month. In this case, the employee is required to write an application for the next vacation indicating the exact dates that will be reflected in the document. The employee notification period is the same - 14 calendar days before the start of the vacation.

The document is drawn up in two copies, one of which remains in the accounting department, and the second is given to all employees of the company for review.

Regardless of the approved schedule, vacation in 2017 (as in previous years according to the law) is provided upon request to the following persons:

under 18 years of age;
parents of disabled children under 18 years of age;
adoptive parents of children under three months old;
women during the period before going on maternity leave and immediately after leaving;
men whose wives are on maternity leave;
part-time workers, when his desire to go on a legal weekend coincides with the approved vacation schedule of the main place of employment;
WWII veterans;
disabled people of the Second World War;
persons who have the Order of Honorary Donor of Russia.

There are times when production needs require postponing the next vacation to the next year, but in this case the positive response of the employee himself is taken into account. If the period of rest was missed due to the fault of the mercenary, then the employer has the right to independently change the dates of leave at his own discretion, but within the boundaries of the current year.

Duration

As noted above, rest can be basic or additional. The duration of the main rest is established at the legislative level and is equal to 28 calendar days. But for certain categories of citizens, extended regular paid leave is provided; the procedure for its provision is determined by the Labor Code of the Russian Federation. It can be 42 or 56 days according to the calendar (for example, teachers and seasonal workers have the right to extended rest).

persons working in unsafe and hazardous production conditions;
citizens performing a special line of work;
workers in conditions of irregular working hours;
persons employed in the Far North and equivalent territories;
disabled people;
persons working in the field of medicine, sports and education;
employees in the State structure.

For certain persons entitled to leave exceeding 28 days (additional), it is possible to take this part as a monetary reward. It is not allowed to compensate only individual individuals:

women who are in an interesting position;
persons under eighteen years of age;
Persons working in harmful and unsafe production conditions (if additional days are assigned specifically for these conditions).

The basis for granting is an application for regular leave, a sample of which is available in every accounting department.

In addition to the cases established by law, the employer has the right to independently decide on allocating additional days of rest to workers in order to encourage their work. This provision is prescribed in the regulations of the enterprise. So that mercenaries can correctly fill out an application for paid leave, a sample of its preparation can also be displayed in a collective agreement or approved by an order on accounting policies.

By mutual agreement of the parties, the entire vacation can be divided into parts, but observing the legal requirement that one of them will not be less than 14 calendar days.

The employee's rest is calculated in days according to the calendar, and payment is also made, but more on that later. The duration of annual leave does not cover:

That is, paid leave is extended by the number of such incident days, Labor Code of the Russian Federation, Article 120. The mercenary’s rest days are documented in the report card.

Application for leave

If a worker goes on a legal holiday according to the established schedule, then he does not need to fill out an application in this case. But when his desire does not correspond to the established dates, the vacationer should write a written statement addressed to the head of the company. There is no legally approved application form, but a sample can be approved by order on accounting policies or in a collective agreement.

Usually, a header is written at the top with an address to the head of the company, in the middle is the word “application” itself, and the text begins with the phrase “I ask you to grant me another paid leave...” and then the dates of the annual rest period are indicated. The date of compilation and the signature on the right are indicated at the bottom left.

It is allowed to draw up a document in two versions:

Indication of the specific start and end date of the annual vacation.
Indication of the start date for the vacationer to go on weekends and the number of calendar days that he will use at his discretion.

It should be noted that when specifying specific start and end dates for vacation, there may be discrepancies with accounting calculations, since many employees may forget about possible holidays. Or in unforeseen situations, for example, going on sick leave.

Annual leave payment

Payment standards are approved by the legislation of the Russian Federation; important changes to the calculation formulas were made in 2014: the average number of days in a month was changed from 29.4 to 29.3. In 2017, as in previous years, the calculation of monetary compensation is made taking into account the employee’s average daily earnings based on the previous year.

The formula for calculating the average daily income for paying calendar days of vacation is as follows:

ADD – average daily income;
OT – vacationer’s wages;
NLM – the number of full months that the employee worked;
SKDM is the sum of the number of days that were worked in partial months.

In order to find out the SKDM, you need to refer to the following formula:

KD – number of days in a full month;
CODE – number of days worked (taken according to the working time schedule).

This calculation of average daily income is used exclusively for calculating vacation; for other calculations, there are other formulas. Please note that holidays are not excluded from the calculation of the number of days in a month.

Vacation pay deadline

According to general legislative norms, payment must be made no later than three days before the employee leaves for legal rest. But, as practice shows, there are exceptions to the rules. For example, an employee decided to take only part of the annual leave and take the rest off as scheduled, but the accounting department makes payments for the entire period. This situation is not provided for by the legal calculation rules and regulatory authorities may regard this as a violation, which entails a fine.

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What is written in the law on vacations in the Russian Federation

All employees working under an employment agreement (contract) are granted the right to long rest, called vacation, by the legislation of the Russian Federation.

annual;
additional;
for pregnancy and childbirth;
educational;
without maintaining the average salary.

While working at an enterprise, every employee has the right to rest. This applies not only to weekends, but also to longer absences from work. The right is specified in state law and in the collective contract. The number of days provided for rest to the employee is also specified here. Time off is given not only for outdoor recreation or travel to distant countries; there are also other days off from work provided to citizens as needed.

As the Labor Code says, regular vacation is granted a certain number of days. The employee retains his job and salary. According to the labor law, a citizen can rest for 28 calendar days.

The Constitution also guards the protection of the interests of workers, and Article 37, Part 5 states that a citizen working under an employment contract has the right to take paid rest every year. This right arises regardless of the form of ownership and size of the enterprise. Providing annual paid leave in accordance with the Labor Code of the Russian Federation is possible not only for employees at their main place of work. This privilege is enjoyed by hired employees who work part-time or are temporarily at the workplace. Seasonal workers also go on vacation. The employer does not have the right to set restrictions or cancel the annual rest of its employees.

An employee can go on another vacation only according to the vacation schedule. The document contains the order in which each working citizen goes on weekends.

Vacation is absence from work for a certain number of days. Interruption of rest is unacceptable unless it is caused by extreme necessity. The opportunity to rest is provided to the worker regardless of nationality, position, or skill level. This opportunity is given to a worker who has been working for the benefit of the company for more than six months.

But there are exceptions in the law when people go on vacation before their work experience in a given company has reached 6 months.

The following is a list of categories of employees specified in the exception:

a woman obtaining a certificate of incapacity for work with a diagnosis of pregnancy. There is a concept of “maternity leave”;
minor worker;
the employee’s family has a foster child under three years of age;
providing time off for other needs not related to the main job. This includes taking a session, going to a funeral, etc.

According to the Labor Code of the Russian Federation, annual paid leave is provided for 28 calendar days. But there are professions whose rest exceeds the established norms. This condition is prescribed in legislative acts (Article 115 part 2 of the Labor Code) and in the agreement between the employer and the employee.

minor employees can rest for 31 days;
citizens classified as disabled rest 30 cal. days;
teachers and others working in children's institutions are absent from work for 42 days;
teachers, teachers and other employees of educational institutions rest from 42 days to 56;
employees of the prosecutor's office go on vacation for thirty calories. days.

For part-time workers, long days off are also expected, but in accordance with Article 286, prescribed in the Labor Code, they are given simultaneously both at the main place of work and at the second job. If it turns out that the combined work is completed in less than six months, then the leave is given as an advance. At the same time, the number of days off is not reduced. The moment of granting advance rest can be specified in the employment contract or collective agreement.

The number of days an employee is absent from the workplace is calculated taking into account holidays. This means that days off granted due to holidays automatically extend the duration of the vacation.

There are also a number of other circumstances according to which annual leave under the Labor Code of the Russian Federation is extended:

the number of days spent on sick leave during the main rest period, upon provision of a supporting document (certificate of incapacity for work);
During the rest period, the employee had to perform government duties. Leave is extended if this type of work provides for release from work at the main place;
other cases prescribed in legislative acts or regulatory documents of the organization.

Article 122 of the Labor Code does not prohibit dividing the next vacation into several stages if work conditions require it or at the request of the employee himself. In this case, the condition must be met that one of the stages lasts at least 2 weeks.

Vacation can be provided not only by an enterprise for its employees, but also by an educational institution for students. This type of recreation is called academic. The norms are prescribed in Article 34 of the Education Law in the twelfth paragraph. The duration of exemption from classes cannot exceed two years.

In what cases is leave granted at an educational institution:

due to health reasons. The occurrence of circumstances that do not allow further training. For confirmation, provide a medical examination report and other certificates;
for family reasons. This could be pregnancy, if you need to care for a sick child or relative. Provide documents confirming the reason;
conscription into the army. The application is accompanied by a summons, which indicates the conscript’s personal data and length of service;
other cases. This could be the funeral of a close relative, or an internship abroad.

A citizen, during the academic period, continues to be a student, all rights and privileges are retained.

In addition to the main type of rest, labor law provides for the provision of additional paid leave every year to certain categories of employees in accordance with the rules of the Labor Code of the Russian Federation.

The standards are prescribed in the labor law:

Article number 117, prescribed in the Labor Code, indicates workers whose performance of official duties takes place in an environment that poses a danger to life and threatens health. The conditions are determined by a special commission involved in the certification of jobs. In this case, you can add 7 days calculated according to the calendar to the main vacation or take them off at another time. The right to receive time off is prescribed at the legislative level, in the employment contract concluded between the person performing the work and the enterprise.
Article number 118 of the labor law states that additional days off are given to employees performing work under special conditions prescribed in Government Resolution number 1588. However, as of 2019, the document does not have a clear list of specialties defined as special conditions .The employer can independently compile a list of positions or employees (both positions and employees can be specified in the document at the same time) for which additional leave is possible. Vacation pay is paid by the company.
Article 119 of the labor law notes that additional days off should be provided to those who work and have irregular working hours. The conditions are prescribed in the collective agreement, and are also indicated in the internal regulations of the enterprise. Additional days off are provided in the amount of three days, calculated according to the calendar. The right is enshrined at the legislative level.
Article 321 of the labor law and the Federal Law of 1993 under number 4520/1 state that citizens working in the Far North must require 24 cal. day, in addition to the main type of recreation. The performance of official duties is carried out in a territory equivalent to northern conditions, the citizen receives 16 days off. At enterprises located in areas as close as possible to the northern regions, rest may increase by 8 calendar days. It is worth noting that even part-time workers whose duties involve labor in the Far North, according to Article 302 of the Labor Code, can receive additional days for rest.
Other categories of workers specified in other regulations. These are athletes, coaches, employees of the Ministry of Internal Affairs, liquidators at the Chernobyl nuclear power plant, mothers recognized as having many children.

The employer does not have the right to limit the number of days provided in additional leave, other than those established by law. On the part of the enterprise administration, the period of rest is regulated, the additional rest can be divided into several stages. Decisions are agreed upon with the employee.

Additional paid leave is equal to the main one and the employee is given vacation pay.

Also, the Labor Code does not prohibit taking vacation without pay.

The law specifies certain categories of employees entitled to free holidays:

participants in combat operations in the Great Patriotic War. They are expected to have 55 days off from work;
citizens of retirement age working at the enterprise. This category can count on 14 calendar days;
relatives of military personnel who died in the line of duty. These include parents, wives, husbands. The category rests for two weeks at its own expense;
You are required to take free leave: in connection with a wedding, funeral or birth of a child. They are allowed to attend these events for 5 days;
a mother with single status is entitled to two weeks of free vacation.

Any employee of the organization can go on a weekend free of charge by writing a statement and describing a valid reason. For its part, the employer decides whether to release the worker or not, taking into account the reason, how compelling it is.

The right of a worker to annual rest is protected by Article 122 of the Labor Code of the Russian Federation. Therefore, any violation of this right is punishable by administrative liability and fines. This norm is prescribed in the Code of Administrative Offenses (CAO).

The Labor Code states that a citizen is obliged to take paid leave every year; this cannot be denied to him. For employees under 18 years of age, the law expressly prohibits no vacation at all.

Penalties are provided for such actions:

violator is a legal entity. If the fact of non-compliance with the law is noted for the first time, then the monetary penalty will be from 30,000 to 50,000 rubles, subsequent ones face penalties of up to 70,000 rubles. Fines are imposed in accordance with Article 5.27 of the Code of Administrative Offenses in the first part;
for violators of individual entrepreneurs and officials for the first non-compliance from 1000 to 5000 rubles. If the second and subsequent ones, then the fine is from 10 thousand to 20 thousand rubles. For officials, a second violation will result in disqualification for a period of 1-3 years. Regulated by Article 5.27 of the Code of Administrative Offences, part two.

If an employee does not take a legal vacation and the company is to blame, then these days remain assigned to the worker and become the company’s debt obligations. They can be carried forward to the next year and inserted into a fresh vacation schedule or by agreement with the employer.

The opposite effect is often observed; the employee himself consciously refuses to take a long annual leave. He is familiar with the vacation plan for other employees.

The vacation plan drawn up at the enterprise is mandatory for both the employer and the citizen who is an employee in this company. Failure to comply on the part of the employee is a violation of discipline regulated in Article 192 of the Labor Law. The employer has the right to reprimand the employee, and other types of punishment are at the discretion of the director.

Interruption of vacation without serious reasons is not allowed, but if the employee returned to the workplace without permission during the annual rest period, then this moment must be recorded. In the future, the employee does not have the right to demand money for vacation not taken on his initiative.

It is prohibited to take annual leave on a day off, even if there is an application from the employee. This action is a direct violation of workers' rights, since it reduces the number of available vacation days and increases working hours. The norm is fixed in Article 21 of the Labor Law, in paragraphs 6 and 12.

The Labor Code directly prohibits replacing paid leave with monetary compensation. The only case when days off that are not taken off are paid in cash is upon dismissal, as one of the types of compensation payments. The norm is regulated in Article 127 of the Labor Code of the Russian Federation.

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

Important: the employer will bear administrative liability if it turns out that his employees do not go on vacation for more than two years in a row. At the same time, the employee himself, who has not rested for a long time, does not incur any losses or punishments. Moreover, his unpaid vacation does not expire; it is transferred to subsequent periods and is fully compensated with money upon dismissal.

How is vacation measured?– 28 calendar days or working days?

The Labor Code specifies the duration in calendar days, that is, all weekends that fall within vacation time are included. In this case, holidays declared as non-working holidays are not included.

Any employed citizen has the right to rest for 28 calendar days, either in one period or in parts, the main thing is that one indivisible part has a minimum duration of 14 calendar days, and the next 14 days can be divided according to the needs of the employee. An employee also has the right to take a rest break at any desired time if he or she is called back to work during the rest period.

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

Important: According to the law, any employer has the right to provide vacation in advance, and such a period must be provided in full and with full payment. However, if the employee does not work for the required period, he will have to return the vacation pay paid in advance upon dismissal.

Who is entitled to extended paid leave?

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

For minors – up to 31 days;
For disabled people of any group – up to 30 days;
For employees of child care institutions – up to 42 days;
For employees of educational institutions – from 42 to 56 days;
Prosecutors and investigators – from 30 days.

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

Illness of an employee during vacation, subject to the existence of an appropriate certificate;
Execution of government duties;
Other cases provided for by law.

In addition, employees have the right to long-term release from duties:

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

Minimum duration for various categories of workers - table

Duration of leave for civil servants

Since 2016, the duration of vacation time for civil servants began to be calculated according to new requirements. Civil servants holding senior and main positions have had their vacation reduced from 35 to 30 days, which means that, regardless of position, all civil servants will have the same amount of rest time.

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

1 day is added to civil servants for a period of work from 1 to 5 years;
If the experience is from 5 to 10 years, plus 5 calendar days;
For 10-15 days of service, 7 days are added;
From 15 or more – 10 days of additional rest.

Important: Now the duration of a civil servant's vacation is 40 days with maximum length of service.

In 2017 - 2018, for irregular working hours, government officials have the right to increase their vacation according to the general requirements - 3 days.

Length of rest for teachers

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

In this case:

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

If a teacher is granted annual leave in the first working year, it must be in full and with full pay.

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

All employees and specialists filling jobs under an employment contract are entitled to basic annual paid leave; the duration of such leave depends on the terms of the collective agreement and legislative norms, but it cannot be less than 28 calendar days a year.

Questions and answers

Question 1: An employee is hired for a position for which the standard rest period is 28 days. After 3 months, he was transferred to a position where he was entitled to 5 additional paid days off. How can an employee be given rest?

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

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

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

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

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

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

Answer: 30 calendar days for each working year.

Question 5: I am a pensioner, am I entitled to additional paid vacation days in addition to the standard duration?

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

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

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

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New edition of Art. 122 Labor Code of the Russian Federation

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.

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 eighteen years of age;

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.

Commentary on Article 122 of the Labor Code of the Russian Federation

The right to use vacation for the first year of work arises for the employee after 6 months of his continuous work in this organization. By agreement of the parties, paid leave can be provided to the employee before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation).

Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be provided (Article 122 of the Labor Code of the Russian Federation):

1) for women - before maternity leave or immediately after it;

2) employees under the age of 18;

3) employees who adopted a child under three months of age;

4) in other cases provided for by federal laws.

Leave for employees is granted for 28 calendar days. However, the vacation period does not include holidays.

When determining the duration of vacation, the organization's working hours (6-day or 5-day working week) do not matter.

This is the minimum duration guaranteed by law at the federal level. Therefore, annual basic leave cannot be less than 28 calendar days. However, it may exceed the specified number of days. This is done in two ways: regulatory and contractual. We are talking about extended basic leave provided to certain categories of workers in accordance with other federal laws.

1) employees under 18 years of age (minimum duration of vacation - 31 calendar days);

2) disabled people (minimum duration of leave - 30 calendar days);

3) employees of child care institutions (minimum duration of leave - 42 calendar days);

4) employees of educational institutions and teachers (minimum duration of leave - from 42 to 56 calendar days);

5) prosecutors and investigators of the prosecutor's office (minimum duration of leave - 30 calendar days), etc.

People working part-time are granted annual paid leave simultaneously with leave for their main job (). If an employee has not worked at a part-time job for 6 months, leave is provided in advance.

As mentioned above, leave can be granted before the right to it accrues, i.e. in advance. In this case, the vacation must be complete, i.e. duration established by law, and also paid in full. The issue of the possibility of providing leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.

Vacation for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule.

The vacation schedule is drawn up no later than two weeks before the start of the calendar year. The schedule indicates the names of employees entitled to leave, their positions, the structural unit in which they work, the number of days and the planned period of leave.

It is prohibited not to provide leave to an employee for two consecutive years.

The next annual leave must be granted before the end of the current working year.

If the reasons preventing the employee from going on vacation occurred before it began, then a new period is determined by agreement with the employee.

Employees who have entered into an employment contract for a period of up to 2 months are provided with paid leave or compensation upon dismissal at the rate of two working days per month of work.

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

Annual paid leave by agreement between the employee and the employer is transferred to another period if the employee was not paid in a timely manner during this leave or the employee was notified about the start time of the leave less than two weeks before it began.

An employee going on vacation is paid average earnings (vacation pay).

Payment for vacation is made no later than three days before it starts.

The amount of vacation pay is subject to personal income tax, unified social tax, contributions to compulsory pension insurance and insurance against industrial accidents and occupational diseases in the usual manner.

The amount of vacation pay is calculated based on the employee’s average daily earnings. The general procedure for calculating average earnings when paying for vacation is established in.

Another comment on Art. 122 Labor Code of the Russian Federation

1. Paid leave must be provided to the employee annually, i.e. for each working year. For the concept of a working year, see.

2. Establishing that the right to leave for the first year of work arises for an employee after six months of his continuous work with a given employer, Art. 122 of the Labor Code of the Russian Federation simultaneously contains a list of cases when the next leave at the request of an employee must be granted before the expiration of this period.

Other cases provided for by federal laws when an employer is obliged to provide leave before the expiration of a six-month period of continuous work include: granting a husband, at his request, annual leave while his wife is on maternity leave, regardless of the time of his continuous work for this employer (see . ); providing a person working part-time with paid leave simultaneously with leave from the main job in the event that the employee has not worked for part-time work for six months (see here).

Before the expiration of the six-month period, leave may be granted to the employee even in the absence of the specified grounds, if an agreement is reached on this by the parties to the employment contract.

3. The duration of leave granted before the end of the working year must be equal to the full duration of annual leave. Accordingly, the average salary is paid for the entire period of leave granted to the employee.

If an employee is dismissed before the end of the working year for which he received annual paid leave, a deduction is made from the employee’s salary to pay off his debt for unworked vacation days. Deductions for these days are not made if the employee is dismissed for the following reasons:

due to the employee’s refusal to transfer to another job required by him in accordance with a medical report, or the employer’s lack of appropriate work;

in connection with the liquidation of an organization or termination of activities by an individual entrepreneur;

due to a reduction in the number or staff of an organization or individual entrepreneur;

if the head of the organization, his deputy or chief accountant resign due to a change in the owner of the organization’s property;

when an employee is called up for military service or sent to an alternative civilian service that replaces it;

when an employee who previously performed this work is reinstated by decision of the state labor inspectorate or court;

when the employee is recognized as completely incapable of working in accordance with a medical report;

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Regulatory regulation of the next vacation

Part-time workers (Article 287 of the Labor Code).
Persons working remotely (Article 312.4).
Seasonal employees (Article 295).
Conscript workers (Article 291).
Part-time specialists, that is, working part-time (Article 93).
Home-based employees (Article 310).

Pay attention! Individuals involved in work under GPC contracts are not entitled to regular paid leave (Article 11 of the Labor Code).

Regular paid leave - the procedure for providing it

Vacation document flow includes– Order for leave in form T-6 or T-6a; making notes on time sheets (OT or “09”) and on personal cards T-2 (Section VIII). In some cases, a statement is required.