Kzot leave through what. Rules for providing employees with annual paid leaves. Dividing vacation into parts

The current legislation guarantees all workers an annual long leave. In addition to being paid by the employer, while using it, workers retain jobs, salaries and other working conditions. The procedure for the provision, registration, payment of vacations is regulated by the Labor Code of the Russian Federation.

For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they apply to both ordinary workers and certain categories of personnel.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

Employers are responsible for observing the procedure for granting vacations. Therefore, it is important to know and strictly adhere to it. For violation, administrative responsibility and other types of punishments are provided.

Labor Code norms

The rights of citizens to rest at a new job are protected by labor legislation. Article 122 establishes that the first paid vacation period is due to the employee after 6 months of continuous cooperation with the employer. He can apply for vacation for 7 working months. In accordance with Art. 115 total duration of rest - 28 days.

With the approval of the employer, the first leave may be granted before six months of work.

• citizens under the age of 18;
• female employees awaiting the birth of a child;
• workers who have adopted children under the age of 3 months;
• other personnel with privileges provided by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Attention! The designated categories of employees are given leave on the basis of personal statements with indication and official confirmation of the right to premature rest. The employer does not have the right to refuse, even in the event of an urgent production need for them.

Some employers are inclined to believe that after six months of work, leave should be taken partially. However, this position is misleading.

Having worked for a new employer for 6 months, a specialist receives full right to all types of rest provided for:

• main annual;
• additional;
• elongated, etc.

Russian law allows leave to be given in advance in the first working year. When an employee is dismissed before the hours worked, for which rest has already been granted, it is allowed to withhold paid vacation pay (Article 137 of the Labor Code of the Russian Federation). The calculation is carried out according to the rule of Article 138 of the Labor Code, which sets the maximum retention of earnings at 20%.

It is important to know! An exceptional case of calculating the duration of the first vacation period is an additional vacation, which is granted when working with harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation).

To determine the priority of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year.

What about new employees if the vacation schedule has already been drawn up? In such a situation, there are no restrictions either for the employee or for the employer. The vacation schedule is not retroactively adjusted. Upon a written application of a new employee, he is granted the first vacation at the time prescribed by law, unless otherwise agreed by the parties to the employment relationship.

Attention! The Labor Code does not prohibit adjusting the main vacation schedule during the year. For this, the personnel department prepares an additional schedule, agreed with the employees, the organization's trade union and approved by the head in the usual way.

The design of the vacation period in the first year of employment does not differ from other years.

The order is as follows:

1. Employee writing a statement.
2. Approval of the statement by the head and the issuance of an order (form T-6).
3. Calculation of vacation pay with the introduction of information in and.

Vacation pay is calculated based on the average earnings for the previous year. In the case of a new employee who has not worked for 12 months, the calculation is based on the salary for the actual time worked from the beginning of his work until the month in which the application was submitted. In the same way, average earnings are calculated and the settlement period is determined.

When is the first leave after getting a job?

At a new place of work, leave is provided from the first year (part 1 of article 122 of the Labor Code of the Russian Federation). Every subordinate, regardless of the duration of cooperation with the employer, has the right to receive vacation days annually. Consequently, employees have every legal reason to demand leave from the new organization in the first year of their work.

All employees working under an employment contract have the right to leave. The conditions of rest of employees working in the field are determined by the parties independently. Such agreements include work contracts, provision of paid services and some others.

Vacation is a continuous period of rest for an employee lasting several days, while retaining a workplace at the enterprise, salary and other working conditions for the vacationer.

As a general rule, the first leave after employment is due after 6 months of work with a new employer (part 2 of article 122 of the Labor Code of the Russian Federation). The legislation does not say about the specific moment of its provision. Therefore, you can claim the right to leave immediately after six months of work or later, at a convenient time before the end of the calendar year.

If the annual paid leave was not used, then the employer must reimburse it financially. Despite the fact that the procedure for granting rest to employees is regulated by law, it will not be superfluous to reflect it in the employment agreement. All employers are required to give employees leave after six months of work. They cannot refuse this.

Is it possible to leave ahead of time

The Labor Code determines that the employer has the right to give leave earlier than the established time limit (part 2 of article 122). He makes such a decision independently. There are no legal grounds for an ordinary employee who has not worked for six months to leave. An exception is the categories of personnel named in Part 3 of Art. 122.

A new employee is entitled to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant (not older than 3 months);
• is a pregnant woman (before or immediately after the holiday associated with this event).

There are also other exceptional cases determined by federal law.

Rest sequence

The frequency of vacation periods at the enterprise is set by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for six months, vacations are planned for the next year or changes are made to the current schedule.

As a general rule, every employee has every right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period relied on by law can be divided into parts, one of which must not be less than 14 days.

Duration

The length of the first leave from a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, provided that you work for 6 months. Moreover, this period of work must be continuous.

It is important to understand that it is not necessary to go on vacation after six months. Taking a new employee's annual vacation is an employer's right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.

The employee must exercise his right to the main paid leave within a year. The employer is obliged to control this. According to the law, if the reporting period ends, he must send an employee on vacation who has not yet gone on vacation. Employers are responsible for unused vacations.

The employee, in turn, can refuse vacation and ask for his replacement with monetary compensation. This issue is resolved by agreement of the parties to labor relations. The subordinate has the opportunity to use this right only once every two years. It is prohibited to give up the main vacation for two, three or more years in a row.

As a general rule, the total length of the annual vacation period is 28 calendar days.

• working under hazardous or harsh conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• underage workers;
• workers with irregular days.

There may be other cases of granting additional days provided for by federal laws or local acts.

The employer gives his consent for the employee to go on vacation if he has a replacement with another specialist or can temporarily do without him. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. more volume than he actually earned. Previously, such a possibility was out of the question.

Naturally, employers try to avoid such privileges, since the risk of an employee not returning after receiving payment in advance is very high.

To protect the employer, the law provides for the possibility of collecting debts from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage suffered.

The procedure for registration and payment in 2019

The official local document of the organization governing the procedure for workers to go on vacation is the vacation schedule. It contributes to the observance of the efficient operation of the enterprise and the prevention of missing legal rest. After all, the responsibility for monitoring the use of vacation days by staff is assigned to employers.

The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation). Therefore, in 2019, the last day of its signing is December 17. At an enterprise that has a trade union body, it is mandatory to take his opinion into account when drawing up a document. If it is necessary to postpone vacation days, it is necessary to agree on the changes with the employees to whom they concern.

Attention! The employer is obliged to give each employee a summer leave at least once every four years.

If at the time of scheduling vacations in the organization there are employees who have not worked for six months, it is necessary to plan the time when they can be provided with mandatory rest after employment for the next calendar year.

If an employee has the right to use the first leave before six months of working and has expressed a desire to use it, it is necessary to include his rest in the general schedule.

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days needed by the vacationer. Payment is made after notifying the employee and before the first day of the vacation. The company issues an order containing information on the number of vacation days provided, their dates. The vacationer must familiarize himself with it against signature.

If it is not possible to familiarize the employee with the order personally, a special notification is sent to him.

The amount of vacation payments is calculated by the accounting department based on the average earnings for the last year of work. The calculation allows the use of the previous three working months. The earnings include not only the basic salary, but also all bonus payments, remuneration, allowances.

The vacationer's entire earnings are divided by the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Monetary compensation for unused annual rest in case of employee refusal or dismissal is calculated in the same way. To receive compensation, an application is required.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend date, the transfer must be made in advance. It is prohibited to transfer the payment to the next working day. The employer bears administrative responsibility for violation of these rules.

Working at the enterprise, every employee has the right to rest. This applies not only to weekends, but also to longer absences from the workplace. The right is stipulated in the law of the state and in the collective contract. The number of days provided for the employee's rest is also stipulated here. Day off is given not only for outdoor recreation or trips to distant countries, there are other days off from work, provided to citizens as needed.

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

The constitution also protects the interests of workers, and article 37, paragraph 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. The provision of annual paid leave in accordance with the Labor Code of the Russian Federation is possible not only for employees at the main place of work. This privilege is enjoyed by hired employees working part-time or temporarily in the workplace. Seasonal workers also go on vacation. The employer does not have the right to impose restrictions or cancel the annual rest of his employees.

An employee can go on another vacation only according to the vacation schedule. The document contains the sequence of exit of each working citizen for the weekend.

Vacation is absence from the workplace for a certain number of days. Interruption of rest is unacceptable, unless it is absolutely necessary. The worker is given the opportunity to rest regardless of nationality, position, skill level. This opportunity is given to a worker who has been working for the good of the company for more than six months.

But there are exceptions in the law when they go on vacation before they have worked in this company for 6 months.

Below is a list of the categories of employees specified in the exception:

• registration by a woman of a certificate of incapacity for work with a diagnosis of pregnancy. There is a concept of "maternity leave";
• minor worker;
• the employee's family is raising an adopted child who has not reached the age of three;
• provision of time off for other needs not related to the main job. This includes the surrender of the session, for the 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 spelled out in legal acts (article 115, part 2 of the Labor Code) and in the agreement between the employer and the employee.

• underage employees can rest 31 days;
• citizens classified as disabled have a rest of 30 cal. days;
• educators and other workers in children's institutions - absent from the workplace for 42 days;
• teachers, teachers and other employees of educational institutions rest from 42 days to 56;
• employees of the prosecutor's office go to rest for thirty calories. days.

Long days off are also expected for part-time workers, but in accordance with Article 286, spelled out in the Labor Code, they are given both at the main job and at the second job. If it turns out that the combined work is performed in less than six months, then the vacation is given as an advance. This does not reduce the number of days off. The timing of the advance rest can be specified in an employment contract or collective agreement.

The calculation of the number of days of absence of an employee at the workplace is done taking into account holidays. This means that holidays granted for holidays automatically extend the duration of the vacation.

There are also a number of other circumstances, according to which the 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 presentation of a supporting document (certificate of incapacity for work);
• during the rest period, the employee had to fulfill government duties. The leave is extended if this type of work provides for release from work at the main place;
• other cases prescribed in legislative acts or in the regulatory documents of the organization.

Article 122 of the Labor Code does not prohibit dividing the next vacation into several stages, if the working 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 a company for its employees, but also by an educational institution for students. This type of recreation is called academic. The norms are spelled out in article 34 of the educational law in the twelfth paragraph. The duration of exemption from classes may not exceed two years.

In what cases is leave at an educational institution provided:

• for health. The onset of circumstances that do not allow further training. For confirmation, provide the conclusion of the medical board, other certificates;
• for family reasons. It can be pregnancy if you need to care for a sick child or relative. Provide documents confirming the reason;
• conscription. A summons is attached to the application, which indicates the personal data of the conscript and the length of service;
• other cases. It can be a funeral of a close relative, an overseas internship.

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

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

The norms are spelled out in the labor law:

1. Article 117, spelled out in the Labor Code, indicates employees whose performance of official duties takes place in an environment that is dangerous to life and threatening health. The conditions are determined by a special commission dealing with certification of workplaces. In this case, you can add 7 days to the main vacation, calculated according to the calendar, or take them off at another time. The right to receive time off is spelled out at the legislative level, in an employment contract concluded between the worker and the enterprise.
2. Article 118 of the labor law says that additional days off are given to employees who perform work under special conditions prescribed in Government Decree No. 1588. However, as of 2019, the document does not contain 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) for which additional leave is possible. Holidays are paid at the expense of the company.
3. Article 119 of the Labor Law states that additional days off should be granted to those who work and the working day is irregular. 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 number of three days, calculated according to the calendar. The right is enshrined at the legislative level.
4. Article 321 of the labor law and the Federal Law of 1993 under number 4520/1 states that citizens working in the Far North must demand 24 cal. day, in addition to the main type of rest. The performance of official duties is carried out in the territory equivalent to northern conditions, the citizen receives 16 days off. At enterprises located in areas as close as possible to the northern regions, the rest can be increased by 8 calendar days. It is worth noting that even part-time workers whose duties are associated with work in the environment of the Far North, according to Article 302 of the Labor Code, can receive additional days for rest.
5. 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, except for those established by law. From the side of the administration of the enterprise there is a regulation of the period of retirement, the ability to break additional rest into several stages. Decisions are agreed with the employee.

Additional leave for payment is equal to the main one and the employee is given vacation cash payments.

Also, the Labor Code is not prohibited from taking leave without payment.

The law prescribes certain categories of employees entitled to free rest:

• combatants in the Great Patriotic War. They are expected to have 55 days off work;
• citizens of retirement age working at the enterprise. This category can count on 14 calendar days;
• close relatives of servicemen killed in the line of duty. These include parents, wives, husbands. The category rests for two weeks at its own expense;
• on free leave must be released: in connection with a wedding, funeral or the birth of a child. These events are released for 5 days;
• a single mother is entitled to two weeks of free rest.

Any employee of the organization can go on weekends for free by writing a statement and describing a good reason in it. For his part, the employer decides whether to release the worker or not, given the reason, how weighty it is.

The worker's right 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 responsibility and fines. This norm is spelled out in the Code of Administrative Offenses (CAO).

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

For such actions, penalties are provided:

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

If the employee did not take legal leave and the company is to blame for this, then these days remain assigned to the worker and pass into the company's debt obligations. They can be moved 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 deliberately refuses from the annual long leave. He is familiar with the rest 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 by an employee is a violation of the discipline regulated in Section 192 of the Labor Law. The employer has the right to reprimand the employee, and other types of punishments are at the discretion of the director.

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

It is forbidden to issue an annual holiday on a day off, even if there is an employee statement. This action is a direct violation of the worker's rights, as it reduces the number of vacation days available and increases working hours. The norm is fixed in article 21 of the labor law, in paragraphs 6 and 12.

The Labor Code expressly prohibits replacing paid leave with monetary compensation. The only case when non-holiday days off are paid in money is upon dismissal, as one of the types of compensation payments. Regulation of the norm occurs in article 127 of the Labor Code of the Russian Federation.

Before the onset of the new calendar year, any organization is obliged to draw up a vacation schedule for its employees, taking into account their personal preferences and the specifics of the work regime. After the schedule is drawn up, all employees need to familiarize themselves with it and sign it.

There are times when it is necessary to make adjustments and change the vacation period, based on the Labor Code, such changes can be made, they do not contradict the law.

Not everyone is entitled to a vacation.

The main annual one is based on a hired worker with a duration of 28 working calendar days, with the preservation of his workplace and monthly salary, which is described in detail in article 114 of the Labor Code of the Russian Federation.

But, despite the supposed number of days, each employee is given the opportunity to divide it into several stages, observing that one stage lasts at least 14 calendar days, so the vacation can be used in two parts in one calendar year.

In many firms, such a division is considered the most acceptable so that the hired employee gains strength and rest as often as possible, stocking up on new energy for working everyday life. But such a right can be obtained by those mercenaries who have worked for at least six months for one director of the organization, not including parental leave.

Or those days, the absence of which was for no good reason. Also, unserved leave is allowed if the work qualifies as with difficult working conditions, in this case the employer has the right to establish it independently.

The Labor Code stipulates cases in which the employer can provide at the request of the employee.

The employer may not let go of the employee, only with his consent. In this case, that part of the unused days that was not used must necessarily be provided at the appointed and chosen time by the mercenary.

There are rare and exceptional cases when, with the consent of the employee, the next vacation can be realized for the next year.

However, labor law prohibits not providing it to its employees for two consecutive years.

To register the next vacation, you must create an application addressed to the director of the organization, or his deputy in any form, no later than two weeks before the desired first day, in which it is necessary to indicate:

• surname;
• patronymic;
• a list of the required days for which it is planned to leave on vacation and the position held.

After that, the application is submitted to the director for consideration, if he approves, then he puts his consent visa on it and only after that a vacation order is issued.

What amounts are included in the calculation of vacation pay

All payments are taken into account in the calculation.

Many employees who do not have certain accounting knowledge are always interested in the size of the payment. Also the amounts that were included in the calculation.

When calculating the average earnings, payments that have been paid to the employee will be taken into account, such as:

• monthly salary;
• prize;
• a bonus for a job well done, if, of course, such a system is provided in a particular organization.

There are also payments that are not provided for by the Labor Law when calculating the average earnings, these include:

1. Social payments;
2. Payment for a vehicle or travel;
3. Payment for meals;
4. Material help;
5. Vouchers;
6. Dividends paid.

And the amounts that the employee received during the period when he did not work, but the average remained for him, must also be taken into account when calculating. These amounts include:

• business trip;
• compensation for overtime working hours or going to work on weekends or holidays.

In the same way as from wages, income tax is deducted in the amount of 13% from the amount of accrued vacation pay.

For vacation pay, the calendar month is taken from the first to the last day inclusive.

Based on the norms from the Labor Code, the calculation of vacation pay should occur earlier, before the employee went to rest, observing a specific and specific sequence established by the labor legislation of the Russian Federation.

Determine the annual income

Calculated in a specific order.

To determine the worked 12 months are taken before the first day of vacation. There are options when wages increased during the required period, then you need to re-evaluate the amount of wages by a coefficient.

The coefficient is calculated very simply: the salary that has increased is divided by the salary until it increases. The result obtained is the very coefficient that is required in the calculation. Further, all paid wages must be multiplied by a coefficient.

The average number of days in a month is 29.4. If the employee has worked in full all working days, then 12 is multiplied by 29.4. If suddenly the month is not fully worked out, due to certain circumstances, then 29.4 is divided by the calendar days of the current month and multiplied by the worked over this period.

Then you need to calculate the amount of the salary of one working day. The formula is easy to use, the annual income must be divided by all days worked for the whole year, and multiplied by the number of vacation days taken. However, when the mercenary has worked for less than a year, then the period for calculation is taken from the date of his hiring.

The bonus for payment will be accounted for in different ways, since the payment occurs at different intervals, but as it was already written about it, do not forget about it. Those bonuses that were accrued to an employee monthly or quarterly in the billing period are also included in the payment.

One-time remuneration or bonus for the year, for the previous year in which the employee goes on vacation, are taken into account in full.

The terms for payment, which the legislation established before the start of the vacation, are three working days, but in the circumstance when the calculation time falls on a holiday or weekend, vacation pay must be paid the next day before the onset of non-working hours.

Of course, all organizations need to adhere to the rules of the Labor and Tax Code, but this is not always the case, and therefore Russian law grants the right to a mercenary to go on vacation for a selected period, in the event that he did not receive the money in due time. Payment must be made on the day of dismissal in accordance with Part 1 of Art. 140 of the Labor Code of the Russian Federation.

Thus, if there is a delay in the payment of vacation pay or unused leave upon dismissal, the employee needs to contact the labor inspectorate, such employers will be fined and will be required to pay compensation to the employee.

In this video, you will learn about calculating vacation pay.

Form for accepting a question, write your

Every employee in any organization has the right to paid leave, this right is guaranteed by the Labor Code of the Russian Federation. The procedure for leaving on vacation, its duration and time of leaving is negotiated between the employee and the company.

If the employer does not comply with the vacation schedule for his employees, it is imposed fine.

Labor Code of the Russian Federation on vacation

The Labor Code of the Russian Federation states that vacation is free time, which each employee has the right to spend in any way, retaining his job, receiving payment calculated on the basis of average wages. Granting an employee a vacation is duty of any employer.

In order to get the right to rest, you need to work in the company at least 6 months - this time is called the employee's vacation experience. The employer can do exceptions for:

• are on maternity leave or pregnant women;
• persons under the age of 18;
• adoptive parents of infants;
• chernobyl victims, veterans, spouses of military personnel, etc.

During the minimum vacation period included:

• days spent at the workplace;
• days of unpaid rest (less than 14);
• days of company downtime, absenteeism through no fault of the employee;
• days when the employee was suspended from work through no fault of his.

Not included:

• time on maternity leave;
• days of unpaid rest (more than 14 days);
• downtime, time off due to the fault of the employee.

Holidays are provided according to the schedule assigned by the company. The dates of the beginning and end of the vacation must be agreed with the employee: the employer is obliged to notify the employee in writing about the start of the vacation 2 weeks in advance.

In accordance with the Labor Code of the Russian Federation, vacation can be postponed due to severe production needs and a shortage of personnel, it is necessary to obtain employee consent.

Rest or day off outside the planned schedule is provided to the same categories of citizens who are not required to work out the minimum vacation period.

The company can give extra rest the following workers:

• people working in difficult conditions;
• workers with an unstable schedule;
• people working in the Far North;
• employees with extensive experience in one company.

What is the Labor Code

Labor Code (Labor Code of the Russian Federation) is document, which regulates the relationship between the organization and the employee, protects his rights, and also increases labor productivity, production efficiency, strengthens discipline at the enterprise.

The first Labor Code was introduced in 1918 in the Soviet Union. For the first time in the world, this legal document established an 8-hour working day. Further, the Labor Code was repeatedly reissued in connection with the political and financial situation in the country, in the Russian Federation in 2002 the Labor Code was introduced to replace the Labor Code.

The main articles and principles of the Labor Code remained unchanged, but amendments were made regarding the work schedule, as well as the procedure for leaving on vacation.

The functions and tasks of the Labor Code are:

• control the relationship between employees and organizations;
• improve working conditions;
• improve the material and cultural standard of living of workers;
• improve production efficiency.

The Code describes the rights and obligations of a worker, his mode of work, working conditions, the time of payment of wages and much more.

Care procedure

It is the employer's duty to draw up a vacation schedule at least 14 days before the start of the new year, and notify all employees. The employee must sign on the chart itself or on a special form.

I have the right to postpone the start of vacation despite the established schedule following persons:

• women before decree;
• minors;
• persons adopting children under the age of 3 months;
• people who have main job, working in this organization temporarily or on a project basis.

Also, the reason for changing the rest time can be:

• temporary incapacity of the worker;
• employment during paid leisure (for example, fulfilling government orders).

In other cases, the transfer of vacation is based on a personal agreement between the employee and the employer. The employee has the right to postpone his vacation if he was not notified 2 weeks before its start and if he was not paid vacation pay for 3 days.

The organization, at its discretion, can give unpaid leave of 2 weeks to workers with minor children with disabilities, single parents of a child under the age of 14. Besides these employees, have the right to unpaid leave:

• participants of the Great Patriotic War (35 days);
• pensioners (14 days);
• disabled workers (60 days);
• employees in case of birth of children, registration of marriage, death of one of the relatives (5 days).

It can be attached to the main one or split into several parts throughout the year. Also, annual rest can be provided to the husband outside the vacation schedule in case his wife is on maternity leave or childcare.

Payment features

3 days before the start of the vacation, the employee must be paid vacation pay... This money is not added to your regular monthly salary.

The payment and advance payment are calculated on the same dates as usual, if they fall on the period of vacation, the employee will receive them upon returning to work.
The amount of vacation pay is calculated from the average earnings for the previous year. The entire earnings of an employee for the year are divided by 12 and by the average number of days in a month (according to the Labor Code of the Russian Federation - 29.3).

In reality, not all companies calculate vacation pay this way, but slightly underestimate payments. In addition to the regular rate, a bonus may be included in the vacation pay, but following features:

• if the employee received several bonuses in a month on the same basis, then only one is taken into account in vacation pay;
• if for the period of calculation the bonus was not paid to the employee in full, then it is included in the vacation pay proportionally.

Upon dismissal, all non-part-time vacations are returned to the employee in the form of a cash payment. At the written request of the employee, vacation pay can be paid upon his dismissal, if it occurs through no fault of the employee. In this situation, the last working day is last day of rest.

An employee can replace vacation days with a cash payment if his vacation was attributed to the next year. It is prohibited for pregnant women, minors and people working in difficult and life-threatening conditions.

Duration: maximum and minimum terms

The Labor Code of the Russian Federation provides for vacation once a year for 28 days... At his discretion, the employee can divide his vacation into several parts, but at least one of them should not be shorter than 2 weeks. The categories of citizens described in the Labor Code of the Russian Federation can take a longer break in work:

• minors (31 days);
• disabled people (30 days);
• kindergarten staff (42 days);
• teachers, staff of schools and universities (from 42 to 56 days);
• employees of the prosecutor's office (from 30 days).

The duration of the rest does not include holidays and sick days, all of them are paid. People who combine activities in several organizations are granted leave in accordance with the main place of work.

Consequences and liability

As noted above, an employee's vacation can be postponed due to an urgent production need, but if the employer does not give the employee rest for 2 years, he is in danger of fine.

Also, the organization bears administrative responsibility for denying rest to minors and people working in difficult working conditions.
Fines for employers:

1. For an organization - from 30,000 to 50,000 rubles.
2. For an individual enterprise - from 1000 to 5000 rubles.
3. For an official - from 1,000 to 5,000 rubles.

In addition to paying the fine, the company is obliged to pay the employee all vacation pay... Also, since the payment did not occur within the period established by law, the company must pay compensation for delayed wages. If the company does not pay its employee within a year, he can demand his money in court.

If the employee himself refuses to go on vacation, the company has the right to issue him a warning, since this administrative violation... The vacation schedule is mandatory not only for the employer, but also for employees. In a situation of self-employment while on vacation, no additional payment will be made.

The procedure for granting leave according to the Labor Code of the Russian Federation is on the video.

Labor Code

Labor Code of the Russian Federation. Chapter 19.
Holidays

Article 114. Annual paid leave

Employees are provided with annual leaves with preservation of their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

The main annual paid leave is provided to employees for 28 calendar days.
The main annual paid leave of more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leaves are granted to employees employed in jobs with harmful and (or) hazardous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases stipulated by this 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 this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

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

Annual additional paid leave is granted to employees engaged in work with harmful and (or) hazardous working conditions: in underground mining and open pit mining in open-pit mines and quarries, in zones of radioactive contamination, in other jobs associated with adverse effects on human health. physical, chemical, biological and other factors.

The minimum duration of additional annual paid leave for employees engaged in work with harmful and (or) hazardous 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 Trilateral Commission for the Regulation of Social and Labor Relations.

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

Certain categories of workers, whose work is related to the peculiarities of the work, are provided with an additional annual paid leave.

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

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

Employees with irregular working hours are granted additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three 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, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments.

Article 120. Calculation of the duration of annual paid leave

The duration of annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit.

Non-working holidays falling on the period of the annual main or annual additional paid leave are not included in the number of calendar days of leave.

When calculating the total duration of the annual paid leave, additional paid leaves are added to the annual basic paid leave.

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

The length of service, which gives the right to an annual basic paid leave, includes:

• time of actual work;
• the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, the employment contract, the place of work (position) was retained, including the time of the annual paid vacation, non-working holidays, days off and other days of rest provided to the employee;
• the time of forced absenteeism during illegal dismissal or suspension from work and subsequent reinstatement at the previous job;
• the period of suspension from work of an employee who has not passed a mandatory medical examination (examination) through no fault of his own;
• the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.
  (Clause introduced by Federal Law No. 157-FZ, dated 22 July 2008)

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

• the time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;
• the time of parental leave until the child reaches the legal age;
  (the clause is invalidated - Federal Law of 22.07.2008 N 157-FZ)

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 under the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be granted to the employee annually.
The right to use leave for the first year of work arises for the employee after six months of his continuous work with the given employer. By agreement of the parties, the employee may be granted a paid leave 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 provided:

• women - before or immediately after maternity leave;
• 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.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leave established by the employer.

Article 123. Priority of granting annual paid leaves

The sequence of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

The vacation schedule is compulsory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before the start.

For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is granted at their request at a time convenient for them. At the request of the husband, annual 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.

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

• temporary disability of an employee;
• fulfillment by the employee during the annual paid leave of public duties, if for this purpose the labor legislation provides for exemption from work;
• in other cases provided for by labor legislation, local regulations.

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid vacation to another period agreed with the employee.
In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.
Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions is prohibited.

Article 125. Division of annual paid leave into parts. Vacation recall

By agreement between the employee and the employer, the annual paid leave may be divided into parts. Moreover, at least one of the parts of this leave must be at least 14 calendar days.
The recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be granted at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year.
It is not allowed to recall workers under the age of eighteen, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
It is not allowed to substitute monetary compensation for the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions for work in appropriate conditions (except for the payment of monetary compensation for unused leave upon dismissal).

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

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

At the written request of the employee, unused leave may be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.
In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time fully or partially exceeds the term of this contract. In this case, the last day of vacation is also considered the day of dismissal.
When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the vacation, if another employee is not invited to his place by way of transfer.

Article 128. Unpaid leave

For family reasons and other valid reasons, the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application of the employee, to provide unpaid leave:

• participants of the Great Patriotic War - up to 35 calendar days a year;
• working old-age pensioners (by age) - up to 14 calendar days a year;
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or mutilation received while performing military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;
• working disabled people - up to 60 calendar days a year;
  employees in cases of childbirth, marriage registration, death of close relatives - up to five calendar days;
• in other cases provided for by this Code, other federal laws or a collective agreement.