Annual leave - how to take, how much should you pay vacation pay? Rules for granting annual paid leave

Annual paid holidays

According to Art. 114, 115 of the Labor Code of the Russian Federation, employees are provided with annual paid holidays while maintaining their place of work (position) and average earnings.
Annual basic paid leave is granted to employees for 28 calendar days. Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code and other federal laws.
Persons who have concluded an employment contract for a period of up to 2 months, on part-time work, to perform seasonal work, with an individual, annual paid holidays are provided in accordance with the rules defining the features legal regulation labor of the specified category of workers (Articles 286, 291, 295, 305 of the Labor Code):
- persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for 6 months at a part-time job, then leave is provided in advance. If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without saving wages appropriate duration;
- employees who have concluded an employment contract for a period of up to 2 months are provided with paid holidays or are paid compensation upon dismissal at the rate of 2 working days per month of work;
- Employees engaged in seasonal work are provided with paid leave at the rate of 2 working days for each month of work;
- the mode of operation, the procedure for granting days off and annual paid holidays for employees working for employers - individuals, are determined by agreement between the employee and the employer - individual.
At the same time, the duration of the working week cannot be longer, and the duration of the annual paid leave less than established by the Labor Code.
Employees are granted two types of annual paid leave:
- annual basic paid holidays (Article 115 of the Labor Code);
- annual additional paid vacations (Article 116 of the Labor Code).
Payment for vacation time is made no later than 3 days before its start (Article 136 of the Labor Code).

Annual additional paid holidays

According to articles 116, 117, 118 and 119 of the Labor Code of the Russian Federation, the provision of additional annual paid leave is intended mainly to compensate or neutralize the impact of certain adverse factors on the health of an employee in the course of work.

Annual additional paid holidays are provided:
- employees employed at work with harmful and (or) hazardous conditions labor;
- employees with a special nature of work;
- employees with irregular working hours;
- employees working in the regions of the Far North and equivalent areas;
- in other cases stipulated by the Labor Code and other federal laws.
Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by the Labor Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or other local regulations which are accepted taking into account the opinion of the elected body of the primary trade union organization.

Annual additional paid leave for employees employed in work with harmful and (or) dangerous working conditions is provided:
- in underground mining;
- in open pit mining in open pits and quarries;
- in zones of radioactive contamination;
- in other works related to fatal adverse effects on human health of harmful physical, chemical, biological and other factors.
The minimum duration of the annual additional paid leave for employees employed in work with harmful and (or) dangerous working conditions, and the conditions for its provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations.
Currently, before the adoption of the relevant lists, there is a List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P -22 with subsequent changes and additions. The procedure for applying the List is determined by the Instruction approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P - 20. The duration of the vacation is set in the List for each job, position and ranges from 6 to 36 working days.
Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647 for industrial workers - production staff coal, shale, mining and some other basic industries introduced additional leave for work not only with harmful working conditions, but also in underground conditions, cuts, quarries lasting from 4 to 24 calendar days. Both types of these additional holidays are provided on the basis of a special List approved by the Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647, which lists the types of production, work, professions and positions, in addition, for each of them, the duration of the additional leave for work in underground conditions, in cuts, quarries, as well as the maximum duration of additional leave for work with harmful working conditions.
In a collective agreement or other local regulatory legal act, employees employed in work with harmful and (or) dangerous working conditions, additional paid leave may be established and longer duration.

Annual additional paid leave for employees with irregular working hours is provided the duration, which is determined by the collective agreement or the internal labor regulations of the organization and cannot be less than 3 calendar days.
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, the authorities of the subject Russian Federation, and in organizations financed from the local budget - by local governments.

Annual additional paid leave for the special nature of the work is provided certain categories of workers whose work is associated with the peculiarities of the performance of work. The list of categories of employees who are entitled to additional annual paid leave for the special nature of work, as well as the minimum duration of this leave and the conditions for its provision, is determined by the Government of the Russian Federation.

The order and sequence of granting annual paid holidays

According to articles 122 and 123 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. The right to use the leave for the first year of work with the employee after 6 months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of 6 months.
Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be granted:
- for women - before maternity leave or immediately after it;
- employees under the age of 18;
- employees who have adopted a child (children) under the age of 3 months;
- in other cases stipulated by federal laws.
The length of service for receiving annual leave must be continuous. This means that leave is granted only during the time of work with this employer, i.e. when an employee leaves, he must complete his vacation calculations, receiving monetary compensation for his unused days.
Leave for the second and subsequent years may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.
The order of vacations granted is established by the schedule. The vacation schedule should be drawn up by the employer, taking into account the opinion of the elected body of the trade union organization for each calendar year and approved no later than two weeks before the calendar year, in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations.
Vacation schedule is a local normative act that is binding on both the employer and employees. The employee must be notified of the start time of the vacation no later than two weeks before it starts against signature.
Leave may be granted at any time during the year, but without normal operation organizations. When drawing up the schedule, the position of workers and the features of the production process are taken into account. If the employee is not satisfied with the vacation time set in the schedule, he can ask the employer and the relevant elected trade union body of the organization to change this time.
Certain categories of employees, in cases stipulated by the Labor Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. These include:
- employees under the age of 18 (Article 267 of the Labor Code);
- participants of the Great Patriotic War, invalids of war, war veterans;
- veterans of labor (Articles 14-20 of the Law on Veterans);
- heroes Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory;
- Heroes of Socialist Labor and full holders of the Order of Labor Glory;
- persons awarded with the badge "Honorary Donor of Russia";
- persons who have received or suffered radiation sickness and other diseases associated with radiation exposure due to Chernobyl disaster or with work to eliminate its consequences.
At the request of the husband, annual paid leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.
In cases where the employee has the right to choose the time to use the vacation, when drawing up the schedule, it is advisable to invite him to write a statement about what time he would like to receive the vacation. When drawing up a schedule taking into account such a statement, it is possible to subsequently change the time for using the vacation only by mutual agreement of the parties.

Extension or rescheduling of the annual
paid vacation, dividing it into parts.
Recall from vacation, replacing it with monetary compensation

According to Art. 124, 125, 126 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee in the following cases:
1) temporary disability of the employee;
2) performance by the employee during the annual paid leave of state duties, if for this the labor legislation provides for exemption from work (Article 170 of the Labor Code);
3) in other cases provided for by labor legislation, local regulations.
In these cases, the vacation is automatically extended by the corresponding number of days. The employee is obliged to notify the employer about the extension of the vacation.
If the employee was not paid on time (i.e. later than 3 days before the start of the vacation) for the duration of this vacation or the employee was warned about the start time of the vacation later than 2 weeks before it starts, the employer, upon a written application of the employee, is obliged postpone annual paid leave for another period agreed with the employee.
In exceptional cases, when granting leave to an employee in the current year may adversely affect the normal course of the organization's work, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
It is prohibited, regardless of the nature of the circumstances, not to provide annual paid leave for 2 consecutive years. Employees under the age of 18, as well as those employed in work with harmful and (or) dangerous working conditions, must be granted paid leave only annually.
Annual paid leave can be divided into parts by agreement between the employee and the employer. The initiative to share the leave usually comes from the employee, but the consent of the employer is required. Vacation can be divided into several parts, but it is necessary that at least one of them be at least 14 calendar days.
The employer may recall the employee from vacation if it is necessary for certain production needs, but only with his consent. The law does not specify the form of such an agreement, however, in order to avoid misunderstanding, it is advisable to obtain the written consent of the employee to recall from vacation.
In turn, the employee has the right to refuse to go to work before the end of the vacation period. Such a refusal (regardless of the reasons) cannot be considered as a violation of labor discipline. A recall from vacation is issued by an order (instruction) of the employer, in which, by agreement between the employee and the employer, it is indicated when the unused part of the vacation will be provided to the employee. At the choice of the employee, it must be provided to him at a convenient time for him in the current working year or attached to the vacation for the next working year.
Employees under the age of 18, pregnant women and employees employed in work with harmful and (or) dangerous working conditions cannot be recalled from the annual basic and additional paid leave, even if they give their consent to this.
Labor legislation (Article 126 of the Labor Code) allows you to replace part of the annual leave with monetary compensation. At the same time, only that part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation, and only if the employee himself requests such a replacement, and in writing (in an application). When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.
Replacement of annual basic and additional paid leave with monetary compensation for pregnant women and employees under the age of 18, as well as annual additional paid leave for employees hard work with harmful and (or) dangerous working conditions is not allowed.

Calculation of the duration of annual paid holidays and length of service giving the right to the annual basic paid leave

According to Art. 120, 121 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is considered in calendar days and is not limited to a maximum limit. The number of calendar days of the annual basic and additional paid leave granted to an employee does not include and is not paid for non-working periods holidays.
When calculating the total duration of the annual paid leave, additional paid holidays are added to the annual paid leave.
The right to an annual basic paid leave arises for the employee from the first day of work, but in order to receive this leave, a certain length of service with this employer is required, and only if such length of service is available, the employee has the right to demand leave, and the employer is obliged to provide it.
The length of service giving the right to annual basic paid leave includes:
- time of actual work;
- the time when the employee did not actually work, but after him in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position), including the time of annual paid leave, non-working holidays, days off and other days of rest provided to the employee, was retained;
- the time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent restoration to previous work;
- the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own.
In accordance with Part 6 of Art. 40 of the Code of Criminal Procedure, those sentenced to corrective labor are entitled to annual paid leave and, therefore, the time spent in corrective labor is included in the length of service for leave.
The length of service for vacation also includes the time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at work (Articles 76 and 394 of the Labor Code).
During the period when the employee did not work, but in accordance with federal laws, he retained his place of work, which is taken into account in the length of service, giving the right to the annual basic paid leave, includes the time:
- being at military training camps;
- being on a medical examination, examination or treatment related to military registration;
- participation in the work of election commissions;
- appearing on a summons to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, witness;
- participation in court hearings as a people's assessor, juror;
- appearing on a call to the commission for the appointment of pensions as a witness to testify about the length of service;
- annual paid holidays and study holidays;
- training, advanced training and retraining of employees with a break from production and with the preservation of the place of work (position);
- the presence of an employee in a medical institution for examination, if he is obliged to undergo it by the nature of his activity;
- exemption from the work of donors for blood donation (submitted then days of rest);
- suspension of work by state supervision and control over compliance with labor laws and other regulatory legal acts containing legal norms due to violation of labor protection requirements through no fault of the employee (Article 220 of the Labor Code);
- short-term leave without pay for up to 14 calendar days during the working year, provided to employees for family reasons and other valid reasons.
The length of service giving the right to annual basic paid leave does not include:
1) the time the employee is absent from the workplace without good reason, incl. due to his removal from work in the cases provided for by Art. 76 of the Labor Code, if the employee was suspended from work on his own fault. For example, if he appears at work in a state of alcoholic, narcotic or toxic intoxication, as well as if he did not pass, through his own fault, a mandatory medical examination or training and knowledge testing;
2) the time of leave to care for a child until he reaches the age established by law (Articles 256 and 257 of the Labor Code);
3) the time of leave granted at the request of the employee without pay, if their total duration exceeds 14 calendar days during the working year. It does not matter for what purpose the employee asks for leave without pay.
The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Implementation of the right to leave upon dismissal of an employee.
Leave without pay

According to articles 127 and 128 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid financial compensation for all unused vacations, regardless of their total duration and on what grounds the employment contract is terminated (Article 395 of the Labor Code).
At the request of the employee (on the basis of his written application), instead of compensation, he may be granted leave with subsequent dismissal (with the exception of dismissal for guilty actions). In this case, the day of dismissal will be considered the last day of vacation. This date (the last day of vacation) is entered in the work book as the date of dismissal. However, all settlements with the employer, incl. extradition work book and other documents, is made on the last day of work (Article 84.1 of the Labor Code).
The provision of unused leave with subsequent dismissal is not allowed in cases where an employee is dismissed for guilty actions, for example, for absenteeism, appearing at work in a state of alcoholic, narcotic, toxic intoxication, committing theft at the place of work, etc. (Article 81 of the Labor Code).
In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.
When granting leave with subsequent dismissal upon termination of the employment contract, the employee has the right to withdraw his application for dismissal, but on condition that the leave has not yet begun and if another employee has not been invited to his place in the transfer procedure (see Article 64 of the Labor Code).
In addition to annual paid holidays, employees may be granted unpaid leave. By family circumstances and other valid reasons, the employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:
- participants of the Great patriotic war– 35 calendar days per year;
- for working old-age pensioners (by age) - up to 14 calendar days per year;
- parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, - up to 14 calendar days a year;
- working disabled people - up to 60 calendar days a year;
- employees in the event of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;
- employees caring for children, in accordance with Art. 263 TC;
- employees - Heroes of the Soviet Union, Heroes of the Russian Federation, full cavaliers of the Order of Glory, Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory - up to 3 weeks a year at a time convenient for them;
- employees admitted to entrance examinations to higher and secondary specialized educational institutions - for 15 and 10 calendar days, respectively;
- employees studying on the job at preparatory departments at higher educational institutions, for passing entrance exams - for 15 calendar days, combining study with work, for intermediate certification - 15 calendar days in academic year, etc. (Articles 173, 174 of the Labor Code);
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, incl. disabled veterans of labor - from 2 weeks to one month (Articles 14-20 of the Law on Veterans);
- employees in case of illness - for 3 days during the year. Leave without pay for up to 3 days a year is granted at the personal request of the employee without providing medical documents proving the fact of the disease.
In all cases of granting leave without pay, regardless of their purpose and duration, they must be formalized by an order (instruction) on leave.
Having received leave without pay, the employee may at any time interrupt it and go to work, informing the employer about this.

What you need to know about annual paid leave, the procedure for its provision, so that there are no problems with employees and inspectors.

From the article you will learn:

When does an employee's right to leave arise?

For the first year of work. According to the law, in order to take a leave from work for the first working year, an employee must work continuously in the company for at least six months. But by agreement with the employer, he can take it earlier (part 2 of article 122 of the Labor Code of the Russian Federation). But there is an exception to this rule.

Certain categories of employees have the right to demand that they be granted regular leave before they have worked for six months. If they have written an application, they must be given time to rest. Who belongs to the beneficiaries, see the table below.

Download related documents:

The company is required to provide leave at the request of the employee
Under the age of 18	Part 3 Art. 122 and Art. 267 of the Labor Code
Before and after maternity leave After parental leave	Part 3 Art. 122 and Art. 260 of the Labor Code
Adoptive parent of a child under three months old	Part 3 Art. 122 of the Labor Code
If his wife is on vacation for pregnancy and childbirth	Art. 122 of the Labor Code
Parent (adoptive parent, guardian, guardian) of a disabled child under 18 years of age	Art. 262.1 of the Labor Code
Veteran
Chernobyl
Serviceman's wife
part-time job	Art. 286 of the Labor Code

Over the following working years. For the second and subsequent years, the employee has the right to rest on the dates specified in chart(part 4 of article 122 of the Labor Code of the Russian Federation). For beneficiaries, the procedure for granting annual paid holidays for subsequent working years is different. As in the first working year, in subsequent years they can rest outside the schedule.

How long is the annual leave of employees

By law, annual paid leave is granted to employees for a duration of 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). More days are allowed for employees under 18 years old - 31 days (Article 267 of the Labor Code of the Russian Federation). Teachers (Article 335 of the Labor Code of the Russian Federation) and other beneficiaries under federal laws are entitled to a longer annual rest period.

Which employees are entitled to extended leave	How many calendar days
Under 18		Art. 267 of the Labor Code of the Russian Federation
Disabled
For teachers
For healthcare workers
civil servants
Municipal employees		Paragraph 3 of Art. 21 Federal Law
Drug control authorities
Prosecutor's Office of the Russian Federation
Investigative Committee of the Russian Federation
customs authorities
		Paragraph 2 of Art. 19 of the Law of June 26, 1992 No. 3132-1, paragraph 5 of the Decree of the President of the Russian Federation of September 14, 1995 No. 941
Employed at work with chemical weapons
Professional emergency services and formations
Researchers with degrees "Doctor of Science" or "PhD"	48 and 36 business days

How many days of the next labor leave is due to the employee

An employee is entitled to 28 calendar days of vacation for each working year (Article 122 of the Labor Code of the Russian Federation). As a rule, the working year does not coincide with the calendar year. The first working year begins on the day of employment in the company.

For example, an employee was hired on December 1, 2016, his first working year is from December 1, 2016 to November 30, 2017.

How to document the provision of leave to an employee

What documents to issue the annual rest time depends on whether the employee will rest according to the schedule or outside the schedule. The procedure for granting leave to an employee is shown in the diagram below.

Vacation schedule. Order of submission the employee you are looking at in the chart. The company draws up a schedule annually and approves it no later than two weeks before the beginning of the year for which it is accepted. The schedule is drawn up on form No. T-7 or in the form that the company developed independently.

How to fill in information about an employee's vacation in a personal card

Enter information about annual paid leave on your personal card. The procedure for its provision provides that you will add to the card:

type of leave of the employee;
period of work for which you provide;
amount of days;
start and end dates;
details of the leave order.

Download in.doc

Is it possible to postpone the next vacation

The initiator of the transfer of annual leave can be both an employee and an employer. If an employee wants to relocate, new date start he needs to agree with the employer. But it is not always necessary to coordinate the transfer. If an employee falls ill during a vacation, the employer is required by law to reschedule it.

In all cases, when the initiator of the postponement of the vacation is an employee, he must write an application addressed to the director. In the application, indicate from which date, to which he asks to transfer the rest period and the reason for the transfer. If the reason for the transfer was sick leave, attach a copy of the disability certificate to the application.

according to production needs.

Please note that annual paid leave cannot be transferred; the procedure for granting it prohibits, firstly, employees under the age of 18. Secondly, workers with harmful or dangerous working conditions. They must take it off in the working year in which they earned. This follows from part 4 of article 124 of the Labor Code.

Test yourself

1. Is it possible to provide an employee with unpaid leave without his application, indicating the reason and term:

a. Yes, it is possible;
b. Yes, but only if such leave is formalized by agreement;
c. No, this cannot be done.

2. How the employer needs to remind the employee about the upcoming planned vacation:

a. Notification of a unified form no later than three weeks before its start;
b. Notification in free form no later than two weeks before its start;
c. By order against the signature of the employee no later than two weeks.

3. How many days of annual additional leave are due to employees who work in irregular working hours:

a. At least four working days;
b. At least 7 calendar days;
c. At least three calendar days;

4. In what cases is the employer obliged to provide the employee with unpaid leave:

a. Employees in case of registration of marriage of close relatives - up to five days;
b. Working disabled people up to 60 calendar days a year;
c. Employees in case of adoption / adoption of a child - up to three days.

5. Periods of unpaid leave are included in the leave to determine the right to an annual paid leave if:

a. Their total duration does not exceed 14 days during the working year;
b. Their total duration exceeds 14 days during the working year;
c. Always turn on.

Vacation is allocated by law and the employer, rest time that is provided for the performance of daily work functions or as a result of the occurrence of certain socially significant events.

The right to rest is a basic principle of labor law, and any employee, subject to specific conditions, can use it, regardless of the organization in which he works and what position he holds. No one has the right to deprive of rest either as punishment, sanctions, or as manipulation.

First of all, vacation is a legal concept, which is regulated by chapter 19 of the Labor Code of the Russian Federation. His legal nature may be different and, as a result, the following are distinguished:

Annual paid basic leave.
according to the profession, specialization, schedule and working conditions (-119 of the Labor Code of the Russian Federation).

All these legal categories of vacations differ from each other primarily in the grounds for their provision. Annual and additional vacations are vacations that are due for the performance of official functions.

Social or unpaid vacation associated with the occurrence of certain legal facts and events, which release for some time a person from performing labor functions.

You could say it's special. good reasons that allow you to take a long vacation.

Annual paid vacation - the main type of vacation claimed by an employee who has worked for six months in the organization according to Art. 122 of the Labor Code of the Russian Federation.

Previously, an employee is not entitled to use it, with the exception of certain categories of employees, because otherwise it will be already social view recreation.

It can be taken from own will (due to personal circumstances) regardless of the time of work in this position, that is, in fact, on any day. For this it is necessary.

The main condition is the employee must work in the organization for six months and it does not matter how much he worked in the previous institution, since he has the right to legal rest only if he worked in this institution.

About how the calculation of the length of service is carried out, which gives the right to annual leave.

Another important condition is official employment in accordance with (or indefinite), state contract. Thus it is important conditions granting annual leave, which give the employee the right to use it. More detailed information you will learn about the registration of a vacation with a fixed-term contract in the following.

The order in which vacations are granted in the organization is determined by the authorities, which, in agreement with the trade union (if any), is.

According to this document, the employee will go on vacation according to the order, which he must do in advance 2 weeks before it starts in accordance with Art. 123 of the Labor Code of the Russian Federation.

Only certain categories of workers (pregnant women, minors, etc.) can violate this sequence, otherwise the approved timetable is binding on all. This is the main reason for going on vacation.

Additional vacations and their duration are related to the very specifics of work, profession, status of employees, etc., which is regulated by collective agreements, internal labor regulations (PVTP), acts of the Government of the Russian Federation.

For example, these workers include teachers, doctors, nurses, health workers labor activity in the regions of the Far North etc.

The basis for social and other types of recreation is a personal statement of the employee addressed to the boss, indicating the necessary periods of absence from work due to social significant reason(death of a relative, marriage, pregnancy, etc.) according to Art. 122 of the Labor Code of the Russian Federation.

Basic rules for providing rest to employees

How long is the next paid vacation? regulated as Chapter 19 of the Labor Code of the Russian Federation and other legal acts, as well as the LNA (PVTR, regulations, vacation schedule). How many times a year can you take?

Labor leave should ideally be provided once a year, which is why its main name is “annual”. The right to rest is the possibility of time off for a certain period of time guaranteed by law and the LNA.

Guarantees for the exercise of the right to annual paid leave are regulated in Art. 114 of the Labor Code of the Russian Federation, as well as in various LNA, an employment contract. After how many months is the next vacation due? In short, we can say that the annual basic paid leave is granted to employees according to the following rules and conditions:

Paid leave must be granted to the employee with continuous work in the organization for 6 months. This period includes time off at your own expense for a period not exceeding 2 weeks, missed days in case of illegal dismissal, suspension, etc.

The ensuing priority according to the vacation schedule, in accordance with Art. 123 of the Labor Code of the Russian Federation. When drawing up a schedule, many aspects are taken into account: the specifics of the positions and activities of the organization itself, as well as the wishes of employees, therefore, taking the initiative and expressing their opinion is not prohibited in any way.

The employment contract signed by the parties, the PWTR, the Regulations, and various other LNA contain special items on the right of employees to such leave, which also regulates all the rules and detailed points of its provision, which should not contradict Chapter 19 of the Labor Code of the Russian Federation. Also, an employee can take a vacation in advance, this is discussed in detail in this.

Now you have an idea of how the procedure for granting annual basic paid leave goes. Let's move on to the next point regarding the duration of the rest.

How many days does it take?

How many vacation days are required?

First of all, it should be noted that the period of annual leave with pay, depends on the specifics of the profession itself, work schedule, and especially if it is not standardized, working conditions, etc.

If an employee is entitled to additional leave, then, according to the general rules, his calendar days are simply added to the total annual leave.

For example, if an employee is on basic leave for 28 days, and he is supposed to have an additional rest for another 10 days, then in the end he will walk for 38 days.

As for time off at their own expense, they the duration is set by the employee in agreement with the authorities, that is, it can be absolutely any time frame.

The employee begins to rest according to the vacation schedule, in order of priority. In such schedules, the calendar days of vacation of employees of the organization are accurately scheduled.

The Labor Code of the Russian Federation also provides for the opportunity to take annual leave in agreement with the head of the organization before the expiration of the 6-month period of work in the organization.

First of all, this right can be exercised:

Employees in position.
Employees who have adopted or adopted a baby less than 3 months old.

IMPORTANT! Employees who bring up and financially support a disabled child until he or she comes of age have the right to take annual leave at any time convenient for them according to Art. 262.1 of the Labor Code of the Russian Federation.

Registration procedure

Annual leave is not an easy legal category in labor law.

If the authorities are involved in scheduling vacations, then it must take into account the wishes of employees, and in this case, each employee submits an application addressed to the manager about the planned rest time for the next year.

The management is not obliged to reflect in the schedule with accuracy all the wishes, since there are often a lot of employees, and June-July-August are the most demanded periods.

Schedules are usually drawn up in a unified form No. T-7 and required 2 weeks before the start of the next calendar year. After the approval of the document, all employees must be notified against signature of the exact dates of rest in accordance with Art. 123 of the Labor Code of the Russian Federation.

The maximum notification period is 14 days before the start of the holiday. Informing must take place in writing and in free form, since violation of the terms and procedure for drawing up schedules, notifications entails the invalidity of such documents, which is established by the court. In this case, it is especially important to act in accordance with the norms of the Labor Code of the Russian Federation.

After notifying the employees, the authorities issue the appropriate Order in the form T-6 or T-6a on the final approval of the holidays, and then a settlement note (form T-60) is drawn up, which is provided to the employee, which accurately indicates the calendar days and the detailed procedure for paying the vacation. In the report card (form T-12, T-13), the actual days of rest are already recorded.

If a person works for the first year in an organization or these are exceptional cases, which are listed above, then he writes an application addressed to the head with a request to provide him with the main vacation, indicating the approximate calendar days of rest. The period of time off is agreed with the authorities Read about the basic rules for applying for the first vacation in the following.

After consideration and acceptance of the application, an order is issued to approve the vacation, which accurately indicates the period of rest, and then another order is drawn up to amend the vacation schedule. As for the design of the rest of part-time workers, you will learn this.

If you are going to rest abroad, then in order to apply for visas you will need a certificate of vacation, what is it and how to get it.

How to calculate payment?

How is vacation calculated?

Annual leave is always paid by management.

The form and procedure of calculations does not present difficulties for the accounting department, since all this is carried out according to a certain formula.

First you need to calculate sr. d/z. It will look like this: billing period(r / n), which is essentially the accrued salary for the previous 12 months, is divided by 12 months, and then by the number 29.3. The number 29.3 is the basis of accounting, which is an average arithmetic number calendar month. The formula will roughly look like this:

Wed d / z \u003d billing period / 12 months / 29.3; holiday pay \u003d Avg.d / z multiplied by the number of calendar days. For example, an employee has a vacation of 28 calendar days, and his salary for the billing period is 800,000 rubles.

IMPORTANT! payment amounts sick leave, holidays, business trips, time off at their own expense or through the fault of the management are not included in the r / n.

It will not be superfluous to have an idea about taxation. About what contributions are subject to leave.

You will learn how to correctly calculate vacation pay in the following video:

Compensation for missed days

Employer's duty

The manager is obliged to provide annual leave, focusing on the schedule and application of the employee, whose term of work in this institution is already six months.

Otherwise, a refusal will follow. Besides superiors cannot refuse an employee if an application for social leave is submitted(for socially significant reasons).

The boss can refuse to provide time off at his own expense if it considers that the employee has disrespectful reasons for this. However, certain categories of workers cannot be refused. according to Art. 128 Labor Code of the Russian Federation. About what to do if the employer does not let go on vacation,.

Can an employee refuse to take a vacation?

When a vacation schedule is drawn up, its approved sequence is mandatory for all employees. Accordingly, the employee cannot arbitrarily refuse it, as this is a violation of the PWTR and other LNA.

However according to Article 124 of the Labor Code of the Russian Federation, in certain cases, it is possible to extend or postpone the rest, but it is valid in the following cases:

if an employee is sick, during a vacation, then he has the right, upon personal application, to extend or postpone it for a certain period of time;
if the employee performed the state holiday debt;
other situations.

About what documents are needed to transfer the vacation. In case of violation of the rules for scheduling vacations and notifying employees later than 2 weeks before it starts, incomplete payment of vacation pay, the employee has the right to write an application demanding its transfer to another period of time.

An exception is also cases where the specifics of the organization's activities greatly limit the employee's long-term absence from the workplace, and in this case, the rest is postponed to another period of time.

Hard work without rest is prohibited if the employee has not taken vacation for three years, this will entail sanctions for the authorities. Failure to provide annual paid leave is prohibited! How to use the accumulated .

REFERENCE. Rest according to Art. 125 of the Labor Code of the Russian Federation can be divided into parts, one of which must be at least 2 weeks.

In conclusion, it must be said that vacation as a legal concept is quite multifaceted, and the law allows different situations that an employee may encounter. All employees are entitled to leave, subject to certain conditions.

In any case, the main thing is to understand the situation itself in order to understand which norms of the law are applicable. In order to protect their rights from arbitrariness, an employee can always go to court or to the labor inspectorate in his city.

Just keep in mind that you get the RIGHT, but this does not mean that the manager is obliged to give you leave this very minute. Your right can be exercised until the end of the year, according to the schedule, if the company has one. At the same time, if we talk about how many months it can be provided, it is worth noting that you can always agree with your superiors and take the previously worked 6 months.

The first vacation after 6 months - the obligation or the right of the employer?

or still has the right to refuse, because, according to the same article, it must be granted annually, that is, it turns out that the first vacation is no later than 11 months of work. In other words, does it mean the very RIGHT of the employee to take the first OBLIGATION of the employer to provide it? Opinions differ, for the most part, I can’t find anything in the answers except endless copying of the TK article, but I want a detailed answer, some comments, and not just read the link to the TK again.

114 of the Labor Code of the Russian Federation). In other words, the administration of the enterprise during this period cannot dismiss an employee or transfer him to another job. Note: those who work part-time can also leave.

According to Art. 286 of the Labor Code of the Russian Federation, they receive annual paid leave at the same time as in their main job. So when can an employee go on vacation? Paid leave is granted annually, and the calendar year is taken into account.

Vacation Regular: New in Legislation

Regular leave must be granted to employees annually. Russia recently joined international convention"Paid Leave". In this regard, there have been some changes in the labor legislation of the country. The corresponding law was published in " Russian newspaper". Many points of the new law have already been reflected in the Labor Code of the Russian Federation.

Providing next vacation will now occur with some modifications. Vacation of the next change The main point that brought novelty to the next one for the Russian worker is the provision on the limitation of the period of use.

Who has the right to go on vacation and when

At the same time, it should be borne in mind that, in accordance with paragraph 5 of Article 37 of the Constitution of the Russian Federation, paid annual leave is guaranteed to employees working under employment contracts. For those who work under civil law contracts, these guarantees do not apply if the provision is not fixed directly in the contract. Payment for this is part of the remuneration under the above agreement, and not payment for the vacation itself. Paid is provided for each working year.

How long does it take for a newly hired employee to take a vacation?

In accordance with Art. 123 of the Labor Code of the Russian Federation, the order of granting paid holidays is determined annually in accordance with the schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year.

At the same time, the schedule is mandatory for both the employer and the employee, and the employee must be notified of the start time no later than two weeks before it starts.

Going on legal leave

You must be notified about what you are entitled to 2 weeks before it starts. Failure to provide annual paid leave is prohibited. Holiday entitlement. You can become legally eligible by working for the organization for at least six months. The length of service is considered from the first working day in accordance with the order for employment. However, some categories of workers are entitled to annual paid leave after less than six months of work. These categories include: - women before pregnancy and childbirth or immediately after it; - underage workers; – employees who have adopted children under the age of three months. If you are working for the first year, then the number of vacation days required is calculated in proportion to the hours worked.

When is an employee entitled to take leave?

Before the expiration of six months of continuous work, paid at the request of the employee must be provided: to women - before pregnancy and childbirth or immediately after it; employees under the age of eighteen; employees who have adopted a child (children) under the age of three months; in other cases stipulated by federal laws. for the second and subsequent years of work can be provided at any time of the working year in accordance with the order of granting annual paid holidays established by the employer. The annual basic paid is provided to employees for a period of 28 calendar days.

When vacation is due new job? By general rule the employee has the right to ask for leave after 6 months of work for Labor Code(Article 122 of the Labor Code of the Russian Federation). It's about about 6 months of continuous work with one employer. True, the employer may refuse to provide the employee with such leave, for example, due to production needs. But in any case, during the first working year, the employee will have to be allowed to go on vacation at least once. A working year is a year counted from the first day an employee works for a particular employer.

On the other hand, if there is someone to replace the future vacationer, then the first vacation can be granted to the employee before the expiration of the specified 6 months. This is decided by agreement with the employer.

In addition, there are categories of workers to whom the rule of six months' work does not apply at all. Before the expiration of 6 months, the first leave after getting a job on the basis of an employee’s application must be granted (Article 122 of the Labor Code of the Russian Federation):

employees under the age of 18;
women - before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation, clause 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 01/28/2014 N 1);
employees who have adopted a child under the age of 3 months;
husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
one of the parents (guardian, guardian, foster parent) who is raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
some other employees, not only on the basis of the Labor Code of the Russian Federation, but also other regulatory legal acts.

So the answer to the question of how much you need to work out to go on vacation is not so unambiguous.

Vacation schedule: when is vacation due for new employees

As you know, the order in which vacations are granted to employees is determined by the vacation schedule. It must be drawn up no later than December 17 of the current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).

If at the end of the year you have an employee who has been with the organization for less than 6 months, then when you are scheduling, you should plan for a vacation for him during his first year of work. And if it turns out that he has the right to go on vacation before the expiration of six months of work (as in the case when a husband asks for a vacation during his wife's pregnancy), then it will be necessary to make changes to the schedule.

Length of first vacation

If the first vacation is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, the annual paid leave of an employee must be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months according to the Labor Code and for a longer period, because the provision of vacations in advance is not prohibited. Therefore, this issue in practice is resolved again by agreement between the employee and the employer.

At the same time, it must be taken into account that the employee may quit before the end of the working year for which he has already used the vacation. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional holidays, approved by the USSR Tax Code on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, it is not always possible for employers to keep debts from employees in full.

Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid

How is vacation granted in the first year of employment? It is clear that at the request of the employee and in agreement with the employer. How are holidays calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for 12 calendar months preceding the month of vacation.

And when calculating vacation pay in the first year of work, the calculation period is taken from the first day of work of a recently hired employee to the last day of the month preceding the month the vacation began. And the average daily earnings are calculated.