Labor Code of the Russian Federation with comments vacation. Vacation under Russian labor law

The legislation of the Russian Federation provides for the right to rest for all citizens working under labor contracts. The duration of their main rest cannot be less than 28 calendar days. But when they can take vacation under the Labor Code? Such a right is guaranteed to be granted to employees in terms that depend on the duration of labor activity at the last place of work. So here's what employers need to know about it.

Leisure classification

Vacation type

Peculiarities

Delay is always punishable You also need to remember that you must pay the amount for the rest no later than three days before the first day of rest. If, however, employees with such a right bring an application for a vacation too late - just a day or two before the start of the vacation, they will still have to pay compensation for the late transfer. The law here is entirely on the side of the subordinates, and the presence of the employer's fault does not matter (Article 236 of the Labor Code of the Russian Federation). See also "

LEGAL
FACULTY

COURSE
JOB

By
discipline: Labor law

On the topic of:
"Vacations under Russian labor legislation"

Saint Petersburg

Introduction

Chapter I. Annual
basic paid leave

1.1. The concept and types of vacation

1.2. The procedure for granting annual paid holidays

1.3. The order in which the annual paid
holidays

1.4. Calculation of work experience, giving the right to an annual
basic paid leave

1.5. The duration of the annual basic paid
holidays

Chapter II. Annual additional paid leave

2.1. Annual additional paid leave for employees,
employed in work with harmful and (or) dangerous working conditions

2.2. Annual additional paid leave for employees with
irregular working hours

2.3. Additional holidays granted to employees working
in the regions of the Far North and equivalent areas

3.1. Leave without pay

3.2. Maternity leave

3.3. Child care leave

CONCLUSION

LITERATURE

Introduction

Creation in
Russia's market economy requires the development of a solid legal framework that
would guarantee the basic labor rights of workers.

In conditions
transition of the Russian Federation to a civilized labor market, integration
national economy into the world system, an important task is to reform
labor legislation and updating the current labor
legislation.

Among
sources of labor law The Constitution of the Russian Federation is the main
law, an act of supreme legal force. The current Constitution of the Russian Federation
was adopted on December 12, 1993. It is a document of direct action and
establishes the main provisions of the legal system, fixes the initial principles,
characteristic of all branches of law, including labor law.

After
of the Constitution of the Russian Federation among the laws in the field of labor, the Labor Code is the most important
RF. It is a codified source of labor law.

Labor
code of the Russian Federation was adopted by the State Duma on December 21, approved by the Council
Federation on December 26 and signed by the President of the Russian Federation on December 30, 2001. From February 1
2002 it entered into force. This is the fourth code in the entire history of Russia.
The previous acts were called labor codes and were adopted in 1918,
1922 and 1971 The latter existed in Russia for about 30 years.

Keeping
certain continuity of norms, the Labor Code of the Russian Federation differs significantly from
all previous Russian codified acts in the sphere of labor in their
structure and content, in place and role in the system of regulation of labor
relations, according to their goals, according to the methods of implementation and protection of its provisions, and
also a significant number of separate norms set forth in it.

Labor
the Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) significantly expanded the general provisions,
at the federal level consolidated in a systematic way the social
labor partnership. It is also characteristic that it enhances
sectoral affiliation of labor law norms. In addition, it contains many
new and important provisions relating to all institutions of the Russian labor
rights.

In connection with the adoption
of the new Labor Code of the Russian Federation, there were also changes in the legislation on holidays. So extended
the circle of persons using annual paid leave, the minimum
duration of vacation and duration of vacations of certain categories
employees, new additional holidays appeared, the procedure for calculating
average earnings to pay for vacation, the grounds for providing
leave without pay. For some categories of workers,
previously used vacations on a general basis, now special
leave systems (for example, for work with harmful working conditions). Also changed
conditions for granting annual additional paid holidays for a number of categories
workers: workers working in areas of the far north exposed to
exposure to radiation due to the disaster at the Chernobyl nuclear power plant,
civil servants, judges, prosecutors, etc.

I. Annual basic paid leave

1.1 Concept
and types of holidays

At the heart of the Russian
legislation on holidays is ratified by the USSR ILO Convention N 52 (1936)
on annual paid holidays. In 1970, a new (revised)
ILO Convention N 132 "On holidays with pay".

Annual paid
vacation - a long uninterrupted period free from work duties
time given for work during the working year.

The Constitution of the Russian Federation in part 5 of Art.
37 guarantees everyone the right to rest. However, the right to paid
annual leave is granted only to those working under an employment contract. The amount and form of remuneration, full-time or part-time work
do not affect the exercise of the right to leave.

Right to
vacation does not depend on the place of work (state, municipal (family),
private and other organizations), position held or term of employment
contracts.

part-timers
have the right to leave at combined work at the same time as the leave,
provided in the main job. All persons working part-time,
are granted annual paid leave for combined work, or
Compensation is paid for unused vacation upon dismissal.

By earlier
current legislation, persons sentenced to
correctional labor, while serving a sentence at the place of permanent
work. Persons serving sentences in places of deprivation did not have such a right either.
freedom.

From July 1, 1997
d. the Penitentiary Code was enacted, which provides for
(Article 104) that employees sentenced to deprivation of liberty have the right to
annual paid leave of 18 working days
serving imprisonment in educational colonies; 12 working days - for
serving imprisonment in other correctional institutions. They have the right to
vacation and convicts serving correctional labor.

For the workers
on vacation, the place of work (position) is retained. Not allowed
dismissal of an employee at the initiative of the employer (except in the case of
liquidation of an organization or termination of activity by an employer - an individual
by a person during the period of stay on vacation (see article 81 of the Labor Code). The worker himself
in accordance with the established procedure (Article 80 of the Labor Code) may apply for dismissal on
voluntarily and terminate the employment contract during the holiday. Same
the employee also has the right during an illness that does not deprive him of the opportunity
to leave work. The date of termination will be the date on which notice expires.
voluntary dismissal.

Annual
Holidays are divided into the following types:

Annual main
paid vacation (minimum and extended);

Annual additional
paid holiday.

1.2
The procedure for granting annual paid holidays

Article 122 of the Labor Code
provides that the right to use leave for the first working year
arises for the employee after six months of his continuous work in
this organization. The Code establishes, in fact, the obligation of the employer to provide
employees get paid leave every year. This, of course, means
not a calendar year (January 1 to December 31), but a working year defined for each
employee individually from the date of his employment (for example, from March 7
2008 to March 6, 2009). By agreement of the parties, paid leave to the employee
may be granted before the expiration of six months.

Before expiration
six months of continuous work paid leave at the request of the employee
must be provided:

– women –
before maternity leave or immediately after it;

– employees
under the age of 18;

- employees,
adopting a child (children) under the age of three months;

- in others

Vacation for
the second and subsequent years of work may be granted at any time during the working
year in accordance with the order of provision of annual paid
vacation, established in this organization.

Code is not
provides for the possibility of providing an annual basic paid
vacation in proportion to hours worked, so in all cases where
vacation for the first year of work is provided in advance, the employee must receive
it in full and with full payment. In doing so, it must be borne in mind
the possibility of dividing the vacation into parts by agreement between the employee and the employer
(part 1 of article 125 of the Labor Code).

1.3
Order of granting annual paid holidays

Priority
paid leave is determined annually in accordance with
vacation schedule approved by the employer, taking into account the opinion of a representative
body of employees not later than two weeks before the start of the calendar year.

Schedule
Holidays are mandatory for both the employer and the employee.

About the time
the employee must be notified at least two weeks before the commencement of the holiday.
start. If this rule is violated, leave at the request of the employee
postponed for another period (Article 124 of the Labor Code).

Separate
categories of employees in cases stipulated by federal laws,
annual paid leave is granted at their request at a convenient time for them
time. At the request of the husband, annual leave is granted to him during his stay
his wife on maternity leave regardless of the time of his
continuity in the organization.

At
when scheduling vacations, it is necessary to ensure compliance with the requirements
legislation that certain categories of workers have the right to
vacation at a certain time or, if they wish, at any time convenient for them.

So,
legislation establishes that workers and employees under the age of 18 annually
vacation must be granted in the summer or, if they wish, at any other time
year (Article 267 of the Labor Code). Even if the minor has not yet worked in this
organizations continuously for 6 months, i.e. does not have a length of service giving the right to leave,
even this circumstance does not deprive him of the right to receive a vacation in the summer
time.

Use
vacation at any time convenient for them, they also have the right to:

– veterans
Great Patriotic War and veterans of military operations on the territory of other
states, labor veterans and some other categories of workers;

– Heroes
of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory;

- faces,
awarded with the badge "Honorary Donor of Russia".

- spouses
military personnel, leave at their request is granted simultaneously with the leave
military personnel.

- part-timers
leave is granted simultaneously with leave for the main job (Article 286 of the Labor Code),
what needs to be considered when drawing up a schedule.

Vacation not
must be timed exclusively to the 1st or 15th day of the month, and must
be distributed as evenly as possible throughout the month.

1.4
Calculation of work experience, giving the right to the annual basic paid
vacation

Right to annual leave
occurs with the employee from the first day of work. But to get it you need
a certain length of service with a given employer, and only if there is such
the employee may require leave, and the employer is obliged to provide it.

Eligible work experience
for vacation, is calculated in the manner prescribed by Article 121 of the Labor Code of the Russian Federation and
some other regulations. In the length of service, giving the right to
annual paid leave includes:

1. actual time
work, i.e. the time during which the employee actually performed the assigned tasks
job duties for him. This is the basis of the seniority for receiving leave and its
the biggest part.

2. the time when the worker
actually did not work, but behind him in accordance with federal laws
the place of work (position) has been preserved, including the time of the annual
paid vacation;

This includes:

- lead time
an employee of state or public duties (for example, time
attending military training, medical examination, examination or
treatment related to military registration, the exercise of the right to vote, turnout
on the call of the bodies of inquiry);

- the time of the annual
paid holidays and study holidays;

- studying time,
advanced training and retraining of workers with a break from production
and maintaining the place of work (position) and earnings;

- stay time
an employee in a medical institution for examination, if he is by birth
activity is obliged to pass it;

- exemption days
work of donors for donating blood and then provided days of rest.

forced time
absenteeism in case of illegal dismissal or suspension from work and subsequent
reinstatement at the previous job;

other periods of time
stipulated by the collective agreement, labor contract or local
organization's regulation.

In work experience giving
the right to basic annual paid leave does not include:

1. absence time
employee at work without good reason, including as a result of his
suspension from work (Article 76 of the Labor Code of the Russian Federation);

This includes:

- showing up for work
state of alcoholic, narcotic or toxic intoxication;

- not passed in
in accordance with the established procedure, training and testing of knowledge and skills in the field of security
labor;

- not passed in
in accordance with the established procedure, mandatory preliminary or periodic
medical checkup;

- when detected in
in accordance with the medical opinion of contraindications for performing
an employee of work stipulated by an employment contract;

- at the request of the authorities and
officials authorized by federal laws and other regulatory
legal acts, and in other cases provided for by federal laws and
other regulatory legal acts.

2. holiday time
caring for a child until they reach the legal age;

3. the time of holidays granted at the request of the employee without
retention of wages, if their total duration exceeds 14
calendar days during the working year.

In work experience giving
the right to additional annual paid leave for work with hazardous and
(or) dangerous working conditions, only actually worked out in
appropriate time conditions.

Experience to get
leave must be continuous. In the legislation on holidays, the concept
continuous service means that leave is granted only for the time of work
from this employer. Therefore, when dismissing an employee, the employer must
completely complete the settlements with him on vacation - pay monetary compensation
for unused vacation or part of it.

1.5
Duration of annual basic paid leave

Article 115 of the Labor Code
establishes that the annual basic paid leave is granted
employees for 28 calendar days. Here it may develop
the impression that in the new Code there is only a formal difference from the Labor Code: it was - 24
working days plus four days off, it turns out 28 calendar days, which in fact
same. This is not entirely true. Indeed, according to the Labor Code, the duration
vacation in essence was 28 calendar days, but only 24 days were payable
of them. The Labor Code provides for leave in the amount of 28 paid
calendar days. This is a significant difference. Non-working holidays count
Holidays are not included and are not payable.

According to
the second part of Art. 115 Labor Code for a number of categories of workers, extended
annual paid holidays, i.e. holidays initially according to the law of greater
duration compared to the basic minimum annual paid
vacation.

elongated
holidays are set:

1.Employees
under the age of 18 (Article 267 of the Labor Code) - 31 calendar days;

2. Pedagogical
employees of educational institutions - from 42 to 56 calendar days.

3.Member
Council of the Federation, deputy of the State Duma - 42 calendar days.

4. Rescuers
professional emergency services, professional
emergency rescue units are granted annual leave
duration:

- rescuers,

rescuers up to 10 years, 30 days;

- rescuers,
having continuous work experience in professional emergency rescue
services, professional emergency rescue units in positions
rescuers for more than 10 years, 35 days;

- rescuers,
having continuous work experience in professional emergency rescue
services, professional emergency rescue units in positions
rescuers for more than 15 years, 40 days.

5. Scientific
employees who have an academic degree (see Decree of the Government of the Russian Federation dated 12
August 1994 N 949 SZ
RF. 1994. N 17. St. 2002);

6. State
civil servants - at least 30 calendar days;

7. Municipal
employees - at least 30 calendar days;

8. To the prosecutors,
investigators, scientific and pedagogical workers of the system of the Prosecutor's Office of the Russian Federation - 30
calendar days excluding travel to the place of rest and back;
prosecutors and investigators of the prosecution authorities working in areas with
severe and unfavorable conditions - at least 45 calendar days;

9. Employees
militia and
customs officers - 30
calendar days excluding travel to the place of rest and back

10. Judges -
duration of 30 working days.

Judges
working in the regions of the Far North, annual paid holidays
are provided for 51 working days, and in areas where
equivalent to the regions of the Far North, and in areas with severe and unfavorable
climatic conditions, where wage coefficients are established - 45
working days.

11. Employees
enterprises, institutions and organizations of the state and municipal systems
health care that diagnoses and treats HIV-infected people, and
also to persons whose work is related to materials containing the virus
human immunodeficiency - 36 working days (including annual additional
leave for work in hazardous working conditions).

12. Citizens employed on
work with chemical weapons - 49 or 56 calendar days, depending on
the degree of importance and features of the work performed.

13. Disabled
- at least 30 calendar days

Duration
the main annual paid leave, Article 115 of the Labor Code of the Russian Federation is defined in
calendar days. This affects the summation of vacations, the procedure for calculating the total
duration of annual paid leave granted to each
employee.

II. Annual
additional paid leave

Article 116 of the Labor Code
The Russian Federation regulates the provision of additional paid holidays to employees,
employed in work with harmful and (or) dangerous working conditions, employees,
having a special nature of work, employees with irregular working hours,
employees working in the regions of the Far North and equivalent
areas, as well as in other cases provided for by federal laws.

aim
annual additional paid holidays is the provision
workers rest greater than the generally established duration with
work of a certain nature or in certain conditions that negatively
affect the health of the employee (increased fatigue, harmfulness or danger
working conditions, etc.). Such annual additional paid holidays in
to some extent intended to compensate for the effect on
employees of unfavorable factors, as well as protect them from unfavorable
consequences of working in such conditions.

Code
provides for annual additional paid holidays for a number of categories
employees:

Employed at
work with harmful and (or) dangerous working conditions;

2. Having
the special nature of the work;

3. With
irregular working hours;

4. Working
in the regions of the Far North and equivalent areas;

5. In others
cases provided for by federal laws.

Except
additional holidays with compensatory and protective purposes,
labor legislation provides for annual additional paid
incentive leave, for example, for length of service on certain
positions, for a long period of work in the same organization.

Additional
Annual paid leave for long service is provided for:

1. For experience
service as a prosecutor or investigator, scientific or pedagogical
an employee of the prosecutor's office of the Russian Federation

2.
Government civil servants

3.
Municipal employees in the manner and under the conditions determined by the federal
laws and laws of subjects

4. Judges with
work experience

5. Employees
forest industry and forestry for continuous work experience, etc.

2.1
Annual additional paid leave for employees employed in work with
harmful and (or) dangerous working conditions

Essential
The Labor Code introduced changes to the procedure for providing additional paid
vacations for employees engaged in work with harmful and (or) dangerous conditions
labor. According to Art. 117 TC annual additional paid leave
provided to employees engaged in work with harmful and (or) dangerous
working conditions: in underground mining and open pit mining in
cuts and quarries, in zones of radioactive contamination, in other works,
associated with irreversible adverse effects on human health
harmful physical, chemical, biological and other factors.

List
industries, workshops, professions and positions with harmful working conditions, work in
which gives the right to additional leave and a shorter working day, was approved
Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22 and since then
has been repeatedly supplemented. Additional leave for work with harmful
working conditions should compensate, as far as possible, the harmful effects,
which are exerted on the body of the worker by the peculiarities of production.

Additional
leave is granted only to those employees whose professions and positions
are listed in the sections of the List relating to specific industries and
workshops. If the enterprise has a workshop mentioned in the List, then the relevant
employees of this workshop may apply for additional leave for
harmful working conditions, regardless of the form of ownership
company. In cases where the List does not indicate the workshop, but the name
work (for example, forging and pressing, welding) additional vacation should
be provided to workers performing such work in any workshop and on any
production.

Except
employees mentioned in the List, the right to an annual additional paid
leave in connection with the harmfulness and (or) danger of working conditions are employees,
specified in other regulatory legal acts.

Right to
annual additional leave is therefore also based on:

1. Employees
coal, shale industry and mine construction. His
duration depends on the time of work in underground conditions, in sections,
careers (in calendar days);

3. Psychologists,
working directly and full-time with the mentally ill,
medical directors (with irregular working hours) of psychiatric
(psycho-neurological), neurosurgical, narcological
medical institutions, departments, wards and offices, houses
disabled persons (departments) for the mentally ill and their deputies, as well as chief
health psychiatrists directly involved in providing
psychiatric care;

4.
Medical, veterinary and other workers directly involved in
provision of anti-tuberculosis care, as well as employees of organizations for
production and storage of livestock products, serving the sick
tuberculosis of farm animals;

5. Employees
customs authorities for the performance of official duties in harmful conditions.

foundation
to provide additional leave for harmful working conditions
special seniority, when the employee was actually employed on
industries, workshops, professions and positions with harmful working conditions
less than half of the working day, and in cases provided for by the List - a full
working day.

Duration
additional leave for various professions with harmful working conditions
established in the List differentially - from 6 to 36 working days. If an employee
worked at jobs with varying degrees of harmfulness, then leave is granted
in proportion to the time worked in each hazardous work.

2.2 Annual
additional paid leave for employees with irregular working hours

For some
categories of workers, special working conditions may be established -
irregular working day, in which, in cases of production
necessary to perform work in excess of the normal duration
working day, usually without additional pay or compensatory time off.

non-standardized
working day - a special mode of working time, and not its increased norm.
Therefore, workers with irregular working hours cannot be required to
permanent processing of the norm of working time established by law, put in
dependence on the number of hours of processing the duration of the additional
holidays.

According to Art.
101 of the Labor Code of the Russian Federation, workers with irregular working hours can, by order
the employer, if necessary, be occasionally involved in the performance of their
work duties outside of normal working hours
time. In other words, if, as a general rule, overtime work is allowed
only with the consent of the employee, then the persons whose positions are included in the list
positions with irregular working hours, may be involved in work "for
outside the normal working hours" by order
administration.

Labor
The Code provides for two types of compensation for work in irregular mode
working time. Or granting additional leave (at least three
calendar days), or, when such leave is not granted, processing
over normal working hours with written consent
the employee is compensated as overtime work (Article 152 of the Labor Code).

Recycling
should be strictly taken into account by the employer, since she (her size)
offset by higher pay. Note that recycling limits as it has
a place for overtime work, the Code does not provide.

If in
during a certain calendar period, the employee was not involved in
employer's initiative to work outside normal hours
working hours, he cannot claim monetary compensation. With another
parties, if an employee included in the list of positions with irregular
working day, in the process of performing a job assignment occasionally
was delayed after a working day and this was properly recorded, the worker
entitled to compensation.

For
granting leave for irregular working hours was necessary
compiling lists of professions, positions and jobs for which it is allowed
use of irregular working hours. The very fact that the position was included in such
the list (list) creates for the employee the right to receive additional
paid vacation in the manner prescribed by Art. 119 of the Labor Code of the Russian Federation.

For
organizations financed from the budget, the procedure and conditions for providing
annual additional paid leave for this category of employees
are defined by the following rules:

- For
organizations financed from the federal budget - by the Government of the Russian Federation;

- For
organizations financed from the budget of a constituent entity of the Russian Federation - by the authority of the constituent entity of the Russian Federation;

- For
organizations financed from the local budget - local authorities
self-government.

Other
organizations decide this issue on their own, taking into account the availability of their own
funds.

Decree
The Government of the Russian Federation dated December 11, 2002 N 884 approved the Rules for the provision
annual additional paid holidays for employees with irregular
working day in organizations financed by federal funds
budget.

1. Annual
additional paid holidays for employees with irregular working hours
provided for work in irregular working hours to employees
organizations financed from the federal budget, if these
employees, if necessary, are occasionally involved by order
employer to perform their job functions outside the normal
working hours;

2. List
positions of employees with irregular working hours, entitled to
additional leave, established by the internal labor regulations
or other regulatory act of the organization;

3.
The duration of additional leave granted to employees with
irregular working day, cannot be less than 3 calendar days.

Duration
additional leave for the relevant position is established by the rules
the internal labor schedule of the organization and depends on the amount of work,
the degree of labor intensity, the ability of the employee to perform their labor
functions outside normal working hours and other
conditions.

4. Right to
additional leave occurs for the employee, regardless of the duration
work in irregular working hours. If such leave is not
provided, overtime outside normal working hours
time is compensated with the written consent of the employee as overtime
Job;

5.
Additional leave granted to employees with irregular working hours
day, added to the annual basic paid leave (including
extended), as well as other annual additional paid
vacations;

6. In case
transfer or non-use of additional leave, as well as dismissal of the right
for the specified vacation is realized in the manner prescribed by the labor
the legislation of the Russian Federation for annual paid holidays;

7. Payment
additional holidays granted to employees with irregular working hours
during the day, is made within the wage fund.

2.3
Additional holidays granted to employees working in the districts
Far North and equivalent areas

regions of the Far North and
areas equated to them are marked by special climatic conditions.
It is clear that working in such climatic conditions requires some
compensation. As one of the compensations for workers and employees employed in
these regions, additional leave is granted.

In addition to the established
legislation of annual basic paid leave and additional
paid holidays granted on a general basis to persons working in
areas of the Far North, additional paid holidays are provided
duration of 24 calendar days, and for persons working in localities,
equivalent to the regions of the Far North - 16 calendar days.

Total duration
annual paid holidays for part-time workers is established
on a universal basis.

In Art. 321 of the Labor Code of the Russian Federation
we are talking about additional holidays established only for employees in
Northern areas. Previously, additional vacations for northerners were provided
Art. 14 of the Law of the Russian Federation of February 19, 1993 N 4520-1 and amounted to 21 working days -
in the regions of the Far North, 14 working days - in areas equated to it, 8
working days - in other regions of the North, where the regional coefficient is established
and percentage bonuses on wages.

With an introduction to
the operation of the Labor Code, as before, except for those established by law
annual basic paid leave and additional paid
vacations granted on a general basis to persons working in districts
of the Far North and areas equivalent to them, additional
paid holidays. However, since February 1, 2002, the duration of these
vacations (as well as the annual basic paid vacation - article 115 of the Labor Code)
It is calculated not in working days, but in calendar days. For people working in the areas
In the Far North, such a vacation is provided for a duration of 24 calendar days.
day, and to persons working in areas equated to the regions of the Far North,
– 16 calendar days.

Absence
references in Art. 321 of the Labor Code on leave of 8 working days for those who work in
other regions where regional coefficients and northern allowances are applied,
quite logical: Art. 321, like the entire chapter 50 of the Labor Code, is dedicated to those who work in
regions of the Far North and equivalent areas, including
the regions mentioned are not included. Therefore, to mention them in Art. 321 of the Labor Code of the Russian Federation no
need. An additional 8-day vacation is granted on the basis of Art.
14 of the Law of the Russian Federation of February 19, 1993 N 4520-1.

For getting
corresponding additional leave requires work experience in the conditions of the Far North, giving the right to
vacation. Additional leave is provided as
persons permanently working in the regions of the Far North and equated to
him areas, and workers performing work in these areas and
areas on a rotational basis.

Full or
partial combination of annual paid holidays for persons working in
regions of the Far North and areas equated to them, no more than
than in two years. At the same time, the total duration of the vacation granted is not
must exceed six months, including unpaid leave
fees required for travel to and from the place of use of the holiday.

III. Other
categories of additional holidays.

3.1 Vacation
without pay

Vacation without
salary savings are granted on various grounds and have
different purpose. During unpaid leave
the employee retains the place of work (position). Dismissal not allowed
employee at the initiative of the employer (except in the case of liquidation
organization or termination of activities by the employer - an individual) in
the period of his stay on vacation (Article 81 of the Labor Code).

Having received
unpaid leave, the employee can interrupt on any day
him and go to work, warning the employer about it.

Conditionally
these holidays can be divided into those that the employer can
to provide the employee, and the holidays that he is obliged to provide.

By family
circumstances and other valid reasons to the employee in his written
the application may be granted unpaid leave,
the duration of which is determined by agreement between the employee and
employer. The duration of such leave is determined by the parties and
not limited by law. At the same time, it must be remembered that the time provided
leave without pay for more than 14
calendar days is not included in the length of service giving the right to an annual
basic paid vacation.

Collective
contracts may determine in what cases (for what reason) employees
leave without pay (and often with pay)
fees and their duration. If these issues are resolved by the collective
contract (i.e. the employer has already expressed its consent to this decision), then
leave without pay (or with pay) according to the
collective agreement for reasons and no less than those stipulated in it
duration at the request of the employee, the employer is obliged to provide.

In a number of acts
labor legislation expressly provides for the provision of leave without
maintaining wages for certain categories of employees:

- state
employee upon his written application by the decision of the representative of the employer may
be granted unpaid leave for family
circumstances and other valid reasons lasting no more than one
year (Federal Law of July 27, 2004 N 79-FZ "On the state
civil service of the Russian Federation");

–
a municipal employee may be granted leave without saving
wages for a period not exceeding one year, unless otherwise provided
federal law (Federal Law of March 2, 2007 N 25-FZ "On
municipal service in the Russian Federation).

Employer
is obliged, on the basis of the employee's application, to provide leave without saving
wages, in particular in cases of the birth of a child, registration of marriage,
death of close relatives - up to 5 calendar days.

According to Art.
128 of the Labor Code, the employer is obliged, on the basis of a written application from the employee
grant unpaid leave:

– participants
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,
contusions or injuries received in the performance of military service duties,
or due to a disease associated with military service - up to 14
calendar days in a year;

– working
disabled people - up to 60 calendar days a year;

- in others
cases provided for by the Code, other federal laws or
collective agreement.

Apart from
these holidays, the legislator also obliged to provide leave without
payroll retention:

- employees,
caring for children (see article 263 of the Labor Code and commentary thereto);

– employees
- Heroes of the Soviet Union, Heroes of the Russian Federation, full holders of the order
Glory to the Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory
- lasting up to 3 weeks a year at a convenient time for them;

Providing
unpaid leave in cases where the employer is obliged
to do this at the request of the employee does not deprive this employee of the right to apply to
employer with a request for additional leave to
other unpaid leave prescribed for him by law.

Providing
unpaid leave is issued in writing
the employee and the order (instruction) of the employer, which should indicate
reason, duration, dates of the employee's vacation and the last day
this vacation.

On practice
it is not uncommon for employers to send workers to so-called
"forced" leave in connection with the arisen economic,
organizational difficulties in the activities of the organization. Such actions
employers are wrong. Leave without pay in
in accordance with Article 128 of the Labor Code are provided at the request of the employee.
"Forced" leave at the initiative of the employer by labor legislation
not provided. If employees, through no fault of their own, are unable to perform
duties stipulated by the employment contracts concluded with them,
the employer is obliged to pay downtime in accordance with Article 157 of the Labor Code of the Russian Federation. IN
cases when, at the insistence of the employer (its representatives), employees submit
applications for unpaid leave for a specified or
indefinite period (which is often practiced), the initiative actually
belongs to the employer. And in these cases, the law does not allow
granting leave without pay at the initiative
employer.

3.2
Maternity leave

Right to
maternity leave is taken by all working women without any exception,
including those working under an employment contract concluded for a period of up to two
months, in seasonal jobs, with part-time work.

Duration
maternity leave, specified in Article 255, corresponds to the duration
this leave, which is limited by the Law "On State Benefits
citizens with children" dated May 19, 1995. It is 70 calendar
days before delivery and 70 calendar days after. Leave for multiple pregnancies
before delivery increases by two weeks - from 70 to 84 calendar days. With complicated
childbirth leave after childbirth is increased by 16 days, i.e. from 70 to 86 calendar days
days. When two or more children are born, postpartum leave is 110
calendar days. Thus, the minimum length of maternity leave
and childbirth is 140 calendar days, and the maximum is 194 calendar days. More
long leave before childbirth, 90 calendar days, established by the Law of the Russian Federation
"On the social protection of citizens exposed to radiation due to
catastrophe at the Chernobyl nuclear power plant". The total duration of the entire vacation for
pregnancy and childbirth in this case can reach 200 calendar days (90 +
110 days).

Article 255 states
that maternity leave is granted to women at their request and on
on the basis of a certificate of incapacity for work issued in accordance with the established procedure. Providing
of this sheet to the organization for its payment is a statement of a woman. In other words,
a written application for maternity leave and submission of any
other document, except for a certificate of incapacity for work, issued in accordance with the established procedure,
not required. This is confirmed by clause 10 of the Regulations on the procedure for appointment and payment
state benefits to citizens with children, according to which for appointment
and payment of this allowance by women subject to compulsory social insurance,
only a certificate of incapacity for work is presented.

Maternity leave
and childbirth, as before, is calculated in total and is provided to the woman in full
regardless of the number of days actually used by her before giving birth, for a period
listed on the disability certificate.

Pregnancy allowance and
childbirth is paid to the insured woman in the amount of 100 percent of the average
earnings. The amount of the maternity benefit may not exceed
the maximum amount of maternity benefit established by the federal
law on the budget of the Social Insurance Fund of the Russian Federation for
next financial year. If
the insured person works for several employers, the amount of the benefit for
pregnancy and childbirth cannot exceed the specified maximum size
the specified allowance for each place of work.

Maximum size
temporary disability benefits for a full calendar month cannot
exceed 18,720 rubles in 2009.

Minimum
the amount of the maternity allowance is equal to the minimum wage and amounts to 4330
rubles.

and childbirth are not only women working under an employment contract. On par with them
this right is enjoyed by: women dismissed in connection with the liquidation of the organization in
within 12 months preceding the day of their recognition in the prescribed manner
the unemployed; women whose maternity leave expired in
within a month from the date of dismissal from work for certain reasons (transfer of the husband
to work in another area, moving to the place of residence of the husband; disease,
preventing the continuation of work or residence in the area,
confirmed by a medical certificate issued in the prescribed manner;
the need to care for a sick family member, confirmed by a medical
conclusion), and a disabled person of group I All these women, as well as women,
working under an employment contract, the allowance is paid at the expense of
compulsory social insurance. However, for the appointment and payment of benefits
they are required to submit some additional documents besides the leaflet
disability.

Right to maternity benefit
and some women who are not insured also have childbirth. This
students with a break from work in educational institutions of primary
vocational, secondary vocational and higher vocational education
and institutions of postgraduate professional education; undergoing military
contract service, service as private and commanding personnel in
internal affairs bodies and some others. These women receive benefits
respectively at the expense of allocated in the prescribed manner by educational
institutions of the federal budget, the budgets of the constituent entities of the Russian Federation and the funds of the federal
budget allocated in accordance with the established procedure to the executive authorities, in which
military service is provided, service as private and commanding officers
composition in the internal affairs bodies.

Benefit for retired women
in connection with the liquidation of the organization within 12 months preceding the day
recognition of them as unemployed in accordance with the established procedure, is not calculated from earnings,
a is issued in an amount equal to the minimum wage Payment of benefits for
pregnancy and childbirth is carried out no later than 10 days from the date of submission of all necessary
documents. Women working under an employment contract are paid
at their place of work. The time of maternity leave with payment for the time of such
leave of benefits for compulsory social insurance is not noted in
work book and is counted in all types of work experience.

Holidays for
child care have been introduced in our country for a long time, since the beginning of the 80s of the past
century. The conditions for their provision and the payment system have changed. Vacation by
care for a child until he reaches the age of one and a half years is provided for
woman's statement, accompanied by a copy of the birth certificate
child (if applicable, a copy of the child's adoption certificate).
The basis for granting leave is the decision of the employer. It
accepted within 10 days from the date of submission of the application with all necessary
documents. Vacation can be used in full, in parts, i.e. with
breaks, and for the period of vacation the employee retains the place of work
(job title). A person who has received parental leave has the right to work for
part-time or at home, including in an organization that
granted leave. In other words, such work does not deprive the right to receive
holiday allowance.

Monthly
allowance for the care of a child up to one and a half years from January 1, 2009 is paid
in the following sizes:

- for care
the first child - 1873.10 rubles;

- for care
the second child and subsequent children - 3746.20 rubles.

– 40
percent of average earnings (income, monetary allowance) at the place of work (service)
for the last 12 calendar months preceding the month of vacation
for child care.

Wherein
the minimum allowance is 1873.10 rubles for the care of the first
child and 3746.20 rubles for the care of the second child and subsequent children. Maximum
since January 1, 2009, the amount of the allowance for child care has amounted to 7492.40 rubles.

Vacation
to care for a child until he reaches the age of three years, and even provided that
the procedure and terms for the payment of benefits for compulsory social insurance in
the period of said leave is determined by federal law. But federal
there is no law on the payment of benefits for the three-year period of the said leave; allowance
on compulsory social insurance is paid only for the period of vacation until
the child reaches the age of one and a half years. For a vacation period of up to three years
the employer pays a monthly compensation payment, but not at the expense of the funds
compulsory social insurance, but at the expense of the labor fund. Behind
time spent on leave to care for a child under the age of three, monthly
compensation is paid from the day the maternity leave ends and until
the child reaches the age of three. Compensation is paid through
employer funds. Organizations financed from the budgets pay such
compensation from the respective budgets. The amount of compensation is 50 rubles. V
calculation per month.

Should have
in mind that local acts may establish higher sizes of additional
payments for the time of childcare, with payment, at the expense of the employer.

CONCLUSION

Labor
The code practically solved many issues that were previously assumed
regulated in a special holiday law. One of them is the question of
summation of additional holidays with the main annual leave. Practically
this question was reduced to the question of what funds are used to produce
summation: at the expense of profit or at the expense of funds charged to cost
products. Prior to the adoption of the Labor Code, the Resolution of the Supreme
Council of the RSFSR of April 19, 1991, granting the right to all organizations
independently decide on the summation of additional holidays with the main
annual leave, based on their financial capabilities. For change
This order required the publication of a federal law. Such a law was
Labor Code. Firstly, the Code invalidated the Decree
of the Supreme Soviet of the RSFSR of April 19, 1991 N 1029-1 "On the procedure
enactment of the Law of the RSFSR "On increasing social guarantees for
workers", which attributed the cost of summing up vacations at the expense of
profit (Article 422), and, secondly, provided that the duration of the annual
basic and additional paid holidays for employees who
are calculated in calendar days, the maximum limit is not limited, and when
calculating the total duration of annual paid leave
additional paid holidays are summed up with the annual basic
paid leave (Article 120). Of interest are other novels about
holidays. These include: the right to use leave for the first working year
after six months of uninterrupted employment with the organization, and not
eleven months, as before (v. 122); regulation on the replacement of part of the vacation,
exceeding 28 calendar days, monetary compensation. However, it is not allowed
replacement of leave with monetary compensation for pregnant women, workers aged
up to eighteen years of age, as well as workers engaged in heavy work and work with
harmful and (or) dangerous working conditions (Article 126); vacation sharing rule
part, in which at least one of the parts of this leave must be at least
14 calendar days (Article 125); the right to leave upon dismissal of an employee, when
at the written request of the employee, unused vacations are granted from
subsequent dismissal (with the exception of cases of dismissal for guilty
actions).

LITERATURE

3. Federal law dated
01/12/1995 No. 5-FZ "On Veterans"

4. Law of the Russian Federation of January 15, 1993
No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and
full cavaliers of the Order of Glory.

5. Law of the Russian Federation dated May 15, 1991 No.
1244-1 "On the social protection of citizens exposed to radiation due to
disaster at the Chernobyl nuclear power plant"

7. Decree of the Government of the Russian Federation
dated October 1, 2002 N 724 “On the duration of the annual main
extended paid leave granted to teaching staff.

8. Federal Law of 08.05. 1994 N 3-FZ
"On the status of a member of the Federation Council and the status of a deputy of the State Duma
Federal Assembly of the Russian Federation"

9. Federal Law of August 22
1995 N 151-FZ "On emergency rescue services and the status
rescuers"

10. Federal Law of July 27
2004 N 79-FZ "On the state civil service of the Russian
Federation"

11. Federal law dated
03/02/2007 N 25-FZ "On municipal service in the Russian Federation"

14. Federal Law of July 21
1997. N 114-FZ "On service in the customs authorities of the Russian Federation"

15. Law of the Russian Federation dated
June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation"

16. Federal law dated
11/07/2000 No. 136-FZ "On the social protection of citizens employed in work with
chemical weapons"

17. Federal Law No. 24 November 1995
181-FZ "On social protection of disabled people in the Russian Federation"

18. Law of the Russian Federation of January 15, 1993
No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian
Federation and full cavaliers of the Order of Glory"

19. Federal Law of January 9, 1997 No. 5-FZ
"On the provision of social guarantees to the Heroes of Socialist Labor and
full cavaliers of the Order of Labor Glory. .

20. Federal Law No. 255-FZ of December 29, 2006 “On Security
benefits for temporary disability, for pregnancy and childbirth, subject to
compulsory social insurance

21. Federal Law of April 28, 2009 N 78-FZ “On the Federal
budget for 2009 and for the planning period of 2010 and 2011"

Vacation is an event that all employees look forward to. But in order to be able to defend your right to rest, you need to study the legislative norms of 2019 regarding this issue. Read this article and get a lot of useful information.

Vacation is the annual right of a person to rest established by the legislation of Russia. Due to frequent violations of the rights of employees of companies, non-compliance with their obligations by employers, there are problems with the correct calculation of the number of legal days and registration of holidays.

Law of the Russian Federation on holidays 2019: how many days are provided

The annual basic leave under labor law in 2019 is provided for a period of 28 calendar days with the payment of wages. For a longer period, other categories of persons are entitled, the list of which is established by the relevant Federal Law (police officers, prosecutors, etc.)

Additional vacations are provided to persons with an irregular schedule, hazardous working conditions, and a specific nature of activity.

To whom and how many vacation days are additionally intended in accordance with the Labor Code (hereinafter - LC) as amended?

1. With an irregular schedule - according to labor legislation, from 3 days and more.
2. Persons with dangerous working conditions (builders who work in the North, etc.) - at least 7 days (Article 116 of the Labor Code).
3. Employees who perform work of a special nature - the term is regulated by decrees of the Government of the Russian Federation.

Another vacation according to the Labor Code 2019

Holidays are not taken into account when calculating the rest period.

What is the length of service under the new legislation taken into account:

• actual period of work;
• period of forced suspension from work (without the fault of the employee);
• time off taken without pay.

How many days an enterprise is obliged to provide an employee as additional rest depends on the hours worked in difficult and dangerous conditions.

What is the procedure for granting vacations under the Labor Code of the Russian Federation 2019?

Vacation is provided annually, in accordance with the established new legislation as amended in 2019. If a person is employed in the organization for the first year, then you can go on vacation six months from the date of registration or earlier, at the discretion of the head.

• pregnant women before maternity leave in 2019 (new law);
• minors;
• persons who have adopted 1-3-month-old children.

In subsequent years, vacation is provided at any time under the current federal law on vacation. A strict schedule is approved by the management of the unit by the relevant regulation on vacations in mid-December of the current year until the beginning of the next. Thanks to this, the employee can find out in advance whether it is possible for him to go on vacation in the summer or at another time of the year.

Changes can be made to the schedule, and then the rest time is transferred to another date at the request of the employee (Article 124 of the Labor Code).

WITH according to the Labor Code as amended, the next annual leave in 2019 can be divided into parts. The main period must be at least 14 calendar days. If the employer prematurely recalled the employee from vacation, the remaining number of days, according to the law, does not burn out, and the employee is given the right to take them off after a while.

Before going on vacation, an employee at work is given vacation pay. The amount of vacation pay is calculated taking into account the average salary.

Financial assistance and compensation under the Federal Law

The next annual leave in 2019 (the new law of the Russian Federation on vacation), which exceeds 28 days, can be partially or fully compensated in cash. Compensation for part of the vacation is not allowed for the category of persons who have dangerous working conditions at the enterprise, for pregnant women, minors (Article 126 of the Labor Code).

An employee of an organization who leaves a permanent place of work has the right by law to receive compensation for the entire period of non-vacation holidays, or refuse it, and take a vacation before dismissal.

The law establishes the possibility of providing rest without receiving wages. Vacation without pay differs in who and how many days can walk in addition to the main period. Persons who do not fall into this category cannot take this type of leave.

Who is entitled to unpaid leave?

For objective reasons, days off can take:

• persons who belong to the category of a participant in the Second World War - deserved a vacation of up to 35 days;
• pensioners who work - up to 14 days;
• close relatives of servicemen who died, were injured or temporarily ill - up to 14 days;
• disabled people who work – duration up to 60 days;
• employees who have had children plan to legalize marriage - up to 5 days;
• cases provided for by the federal laws of Russia (for example, you can go on study leave for a period of 21 days).

Regulations on assistance to Russian Railways employees in the Russian Federation

On January 15, 2016, the management of Russian Railways issued a letter that gives the company's employees the right to receive material assistance when they go on their next vacation.

Financial assistance is provided to those persons who have worked at Russian Railways for 11 months. The correct amount of assistance to be provided to an employee is determined as a percentage of his salary.

Bill to replace part of the vacation with compensation

The Government of the Russian Federation has decided to submit for consideration a draft law on replacing part of the vacation of civil servants with monetary compensation. According to the deputies' comments, this will in no way affect the right of the privileged category of civil service employees to rest, it will only allow them to correct and equalize rights with employees in other areas of activity.

Thus, civil servants will be able to take a minimum vacation of 28 days, and receive compensation for the rest of the days. This provision also provides for the establishment of a period (1 year) during which non-vacation days can be taken. If the transferred part of the vacation is not immediately used, the days will automatically burn out.

Additional related materials:

How to calculate maternity leave in 2019: an online payout calculator and everything about maternity leave
Application for vacation and time off on account of the upcoming vacation: sample
Payments upon dismissal and reduction: calculation of compensation and severance pay

All employees who carry out their activities under an employment contract are entitled to annual paid leave. Its payment is carried out on the basis of regulatory documents regulated by Russian law.

What is vacation and who can use it

Annual leave is a paid break from work that every employee of an organization can take to recuperate and work. During this period, he retains the position and the average salary.

Persons who are in permanent, temporary, seasonal work can use the right of labor leave. As well as people who carry out their production activities part-time, at home, remotely, and so on. The vacation period cannot be canceled or shortened. The rule does not apply to employees with civil labor contracts, such as work contracts, assignments.

Duration

How many days leave will be granted to the employee while maintaining the place and average earnings, is specified in the organization's employment contract or is decided on an individual basis in compliance with all labor laws. Typically, the duration of such a period is twenty-eight calendar days.

As a rule, the procedure for granting vacations allows each employee of the organization to take advantage of annual paid days of rest. This time may be extended in accordance with the Labor Code and company regulations.

Getting extra rest days

Additional leave, at which the place and the average monthly payment are retained, is granted to persons:

• involved in the field of dangerous and harmful labor activity;
• with a special specific nature of work;
• with an irregular day;
• working in the Far North or in places with difficult working conditions.

The organization, by virtue of its capabilities - both financial and production - can itself regulate the procedure for providing additional days of rest, even if this is not provided for by labor legislation.

Additional leave is granted to persons working in hazardous and hazardous industries. These are underground and mountain activities, zones of radioactive contamination and other places that adversely affect human health due to the impact of a number of chemical, physical, biological and other factors.

Employees with irregular overtime are also entitled to an additional vacation period, the duration of which is determined by the company's collective agreement. Such rest should not be less than three days. In case of non-provision of additional leave, processing is considered overtime work and is paid accordingly.

If the financing of workers with an irregular schedule comes from the federal budget, then the grounds for temporary suspension from work are prescribed by the legislation of the Russian Federation. If payment is made by a local government, then the conditions and norms are regulated by the regional authorities.

Paid leave - both basic and additional - is calculated in calendar days. Has no time limits. Holidays and non-working days are not included in the vacation period and are not paid.

When determining the total duration of the period of temporary disability, additional days of rest are added to the days of the main one.

About work experience

The calculation of the leave provided by the organization is calculated based on a number of factors. This:

• The period of labor activity in production.
• Disabled time of an employee, when he retains his position and annual leave.
• Forced absenteeism upon dismissal or suspension from work, which occurred illegally, with a future
• Other situations when the employee did not appear at work, but these “downtimes” are regulated by the collective and labor agreement or regulatory documents of the organization.

The procedure for granting vacations does not include in the length of service the time when the employee was absent from work without good reason. This also applies to cases of removal from the production process under Article 76 of the Labor Code of the Russian Federation.

Persons who temporarily do not fulfill their duties in connection with caring for a child are not entitled to labor leave. Annual paid rest days are not allowed for employees who have left for a certain period without pay. Especially if its duration was more than seven working days.

Additional days of rest are provided for employees working in hazardous and hazardous industries.

The procedure for granting holidays

According to the legislation of the Russian Federation, an annual rest period is required for each employee of the organization. In the first year of employment, the employee is entitled to temporary exemption from the production process only after six months of continuous work experience. If the employer does not object, the leave may be granted earlier.

Until the expiration of the six-month period, the right to temporary suspension from work is granted to women before going on maternity leave or immediately after it. Employees under the age of eighteen and people who have adopted children under the age of 3 months are entitled to this benefit, as well as in other situations provided for by law.

The employee takes the second regular vacation according to the vacation schedule, which is approved by the organization.

Priority

The annual vacation period is provided in accordance with the schedule of the organization, which is approved by the head of the enterprise, the trade union 14 days before the start of the new calendar year. It includes all employees of the company, including the employer. The worker is notified of the temporary suspension from work, in accordance with the legislation of the Russian Federation, two weeks in advance.

The procedure for granting vacations allows you to take paid rest days at any time:

• Pregnant women.
• Husband while his wife is on maternity leave.
• Persons who have adopted a child under the age of 3 months.
• Employees under the age of eighteen.
• People recalled from labor leave.
• Parents, guardians or guardians raising a disabled child under the age of eighteen.
• Servicemen.
• For the wives of the military, along with the leave of the husband of the military.
• Women with two or more children under the age of twelve.
• Single men raising two or more children under the age of twelve.
• Honorary donors of Russia.
• Heroes of Labor, the Soviet Union and Russia, as well as holders of the Order of Glory.

If the employer denies the right to take annual leave at a convenient time, then self-care in the above cases will not be considered absenteeism.

Extension or rescheduling

Labor leave may be extended or rescheduled for another period:

• In case of temporary incapacity for work of an employee.
• If the employee performed state duties during the planned vacation.
• When an employee of the organization did not receive payment for the due days of rest or was not warned fourteen days in advance about the period of temporary disability.
• If the absence of an employee in the current year will adversely affect the production activities of the organization. In this case, it is allowed to transfer days of paid rest to the next year, but the vacation must be used during the next year.

It is a violation of Russian law to refuse to provide an employee with paid leave for two years in a row, as well as the failure to provide paid leave to persons under the age of eighteen and employees whose activities are related to hazardous and harmful activities.

Dividing the vacation period into parts

It is allowed to divide the labor leave into parts by mutual agreement of the parties. Here, at least one part of the annual period of incapacity for work must be at least two weeks.

Feedback and financial compensation

The recall of an employee from the period of annual rest is carried out only with his consent. Unused vacation days are provided at a convenient time for the employee during the current year. The unused portion may be added to the next paid suspension period.

An employee cannot be recalled from vacation if his age has not reached eighteen years; women expecting a baby; persons whose activities are associated with harmful and dangerous working conditions.

Instead of vacation days that are not included in the main 28 calendar days, an employee can use monetary compensation.

Expectant mothers, employees under 18 years of age and persons whose labor activity is especially difficult, harmful and dangerous, are not provided with material payment instead of vacation.

Vacation period for pregnancy and childbirth

The disability certificate is a sufficient reason to receive maternity leave for 70 calendar days before childbirth (if a woman expects more than one child, then the period of release from work is extended to 84) and after delivery - for 70 days. In difficult childbirth - for 86 calendar days. If two or more children were born - for 110 days. The calculation of vacation is accompanied by the payment of social benefits, the amount of which is determined by the legislation of the Russian Federation.

The rest period associated with pregnancy and childbirth is accrued in total. It is provided regardless of the number of calendar days used by a woman before this period.

Leave for students

Educational leave is provided to people for training by the employer or self-study under state accredited bachelor's, specialist's, master's degree programs in part-time and part-time education. The organization gives an additional period of rest with the preservation of the average salary for certification in the first and second year for up to forty calendar days. In subsequent courses - up to 50.

Unpaid leave is also available:

• Persons admitted to the entrance examinations.
• Employees who are students of the preparatory departments of higher educational institutions for the final certification.
• For people to pass attestation for bachelor's, specialist's and master's programs in full-time.
• Employees mastering state distance learning programs for accreditation. In addition, once a school year, the organization fully pays for travel to and from the educational institution.
• Persons who continue their education in bachelor's, specialist's or master's programs in part-time and part-time forms of education, for up to ten months at the beginning of the state final certification.

The working week here is reduced by seven hours. The term of release from work is paid by 50 percent of the average wage at the place of employment, but not less than the minimum wage. By mutual agreement, working time is reduced by one working day or its duration is shortened.

Guarantees and compensations for employees who study and work at the same time, but do not have state accreditation for bachelor's, specialist's or master's programs, are regulated by collective and labor agreements.

You need to take annual leave in the following order:

• make a vacation schedule;
• grant leave to the employee (according to the schedule or outside the schedule);
• issue an extension (transfer) of vacation (if necessary).

At the same time, there are features of the provision and registration of vacation:

• part-time worker;
• the head of the organization (the procedure differs depending on whether the issue of granting leave to him belongs to the competence of the participants (shareholders) of the company or to the competence of the head of the organization himself);
• employee with subsequent dismissal (the procedure differs depending on whether leave is granted upon dismissal of one's own free will or by agreement of the parties).

In this article we will talk about the general procedure for issuing a vacation.

Vacation scheduling

Each structural unit of the employer draws up a draft vacation schedule for the unit (in free form). If there are no structural divisions, a single project is being developed. These projects include the wishes of employees about the time of granting them vacations for the coming year, the division of vacations into parts, etc.

Employers draw up a vacation schedule in accordance with the legally established obligation (part 4 of article 122, article 123 of the Labor Code of the Russian Federation).

At the same time, a single point of view has not been developed with regard to the design by an employer - an individual entrepreneur of a vacation schedule.

Opinion of Rostrud in letter No. 3683-6-1 dated December 20, 2011: the availability of a vacation schedule for an employer - an individual is not a mandatory requirement of the law. This is due to the fact that the procedure for granting days off and annual paid holidays is determined by agreement between the employee and the employer - an individual (Article 305 of the Labor Code of the Russian Federation). However, if the number of employees is significant, then it is advisable to draw up the specified schedule in the manner prescribed by Part 1 of Art. 123 of the Labor Code of the Russian Federation, namely, no later than two weeks before the start of the next calendar year.

Opinion of Rostrud in letter No. 4414-6 dated October 31, 2007: individual entrepreneurs - employers issue local regulations (including vacation schedules) in a general manner. At the same time, in this clarification, the obligation to draw up a vacation schedule is not made dependent on the number of employees.

Hassle-free option

It is advisable for an employer - an individual entrepreneur to draw up a vacation schedule, regardless of how many employees he has in his staff.

In general, vacations are granted to employees according to the approved vacation schedule. The vacation schedule is published in a unified form or independently approved by the employer. If the employer decides to use the forms developed by the State Statistics Committee of Russia, he must draw up a vacation schedule in accordance with Form No. T-7.

The vacation schedule should provide for annual paid vacations for all employees, with the exception of certain categories. In addition to the annual basic paid holidays, the schedule must include annual additional paid holidays (if their provision is provided for by applicable law). At the same time, unused vacations for previous years may be included in the vacation schedule.

The employer (the person authorized to keep the vacation schedule) independently decides whether to be guided by the opinion of the employee about the specific period of the calendar year in which it is convenient for him to use the vacation (taking into account his own interests - for example, periods of increased workload, when mass departure of employees on vacation is undesirable ). This necessarily takes into account the right of certain categories of workers who, in cases provided for by law, are granted annual paid leave in advance or at their request at a convenient time for them (part 3 of article 122 of the Labor Code of the Russian Federation).

If at the time of drawing up the schedule, employees or the employer are at a loss with specific dates for granting vacations, the vacation schedule may not indicate specific dates, but the month of vacation (with the possibility of making changes in the future).

The vacation schedule for the next calendar year must be drawn up and approved no later than two weeks before the start of the calendar year, that is, no later than December 17 of the current year. The vacation schedule is mandatory for both the employer and employees.

Confirmation: art. 123 of the Labor Code of the Russian Federation, part 2, 4 of Art. 9 of the Federal Law No. 402-FZ of December 6, 2011, Instructions for the Application and Completion of Forms for Recording Labor and Its Remuneration (No. T-7), approved. Decree of the State Statistics Committee of Russia No. 1 dated January 5, 2004

If the employer was established, for example, at the beginning of the current calendar year, he is also recommended to draw up and approve a vacation schedule for the current year.

The vacation schedule is a mandatory document of the employer. Its presence will prevent the risk of being held liable for violation of labor laws (for example, during an unscheduled inspection). The requirement of Part 1 of Art. 123 of the Labor Code of the Russian Federation that the vacation schedule is drawn up no later than two weeks before the start of the calendar year, in this case will not be observed. But this is not the fault of the employer, since at that time he did not exist yet.

The vacation schedule can be drawn up on the date when the state was fully formed after the start of the employer's activities, or a later date, but preferably before employees begin to use annual paid holidays.

If the newly created employer does not have an approved vacation schedule for the current calendar year, employees can go on annual leave this year based on personal applications.

It should be borne in mind that in certain cases, for refusing to go on vacation according to the vacation schedule, the employer has the right to bring the employee to disciplinary responsibility.

Grant of vacation

The procedure for granting leave to an employee includes the following steps:

• issuance of an order (instruction) on granting leave to an employee;
• calculation and payment of vacation pay;
• entering information about vacation in personnel documents.

Issuance of an order (instruction) on granting leave to an employee

An order (instruction) on granting annual leave to an employee is issued in a unified form or independently approved by the employer. If the employer decides to use the forms developed by the State Statistics Committee of Russia, he must draw up an order in the form No. T-6 (form No. T-6a - in the case of vacations for several employees with one order). The order is issued on the basis of the vacation schedule approved by the employer. The order is drawn up and signed by responsible persons. When preparing it, you must:

• determine and indicate the period of work for which the employee is granted leave;
• take into account the peculiarities of the emergence of the right to leave for a particular employee (including the length of service required to grant leave). At the same time, it must be borne in mind that certain categories of workers have the right to receive leave in advance or at a time convenient for them;
• determine the duration of the vacation (including recalculate the number of vacation days if holidays fall on its period).

The approved order (instruction) must be familiarized with the signature of the employee (employees) leaving (leaving) on ​​vacation. For example, for this purpose, in the unified form No. T-6, the line "The employee is familiar with the order (instruction)" is provided. In the unified form No. T-6a, for these purposes, the column "The employee is familiar with the order (instruction). Personal signature of the employee. Date" is provided.

Confirmation: art. 122-123 of the Labor Code of the Russian Federation, Instructions for the application and filling out forms for accounting for labor and its payment (No. T-6, No. T-6a), approved. Decree of the State Statistics Committee of Russia No. 1 dated January 5, 2004

Calculation and payment of vacation pay to an employee

When calculating and paying vacation pay to an employee, a note-calculation is drawn up according to an independently developed or unified form. If the employer decides to use the forms developed by the State Statistics Committee of Russia, a note-calculation must be drawn up in the form No. T-60. The HR employee fills out the front side of the note-calculation.

Vacation pay must be accrued and paid no later than three calendar days before the start of the employee's vacation.

Confirmation: Part 9 of Art. 136 of the Labor Code of the Russian Federation, art. 9 of Federal Law No. 402-FZ of December 6, 2011, letter of Rostrud No. 1693-6-1 of July 30, 2014, No. 3707-6-1 of December 21, 2011, paragraph 3 of letter of Rostrud No. 428- 6-1 dated March 22, 2012

Entering vacation information in personnel documents

Leave information must be entered:

• on a personal card. Information about the holidays granted to the employee, the number of calendar days of vacation, the start and end dates of the vacation, as well as the grounds for granting the vacation (details of the order to grant the vacation) must be entered in section VIII "Vacation" of the employee's personal card;
• to the personal account of the employee, compiled according to an independently developed or unified form (forms No. T-54, No. T-54a);
• in the time sheet. When using the unified form, it must contain the letter code "OT" or the numeric code "09" if the annual basic paid leave is provided, or the letter code "OD" or the numeric code "10" if the annual additional paid leave is provided.

When using a self-developed form of the vacation schedule, the procedure for filling out the schedule (including making changes to it) is determined by the employer himself.

Depending on whether leave is granted on schedule or off schedule (at the request of the employee), this general procedure has some features.

On schedule

If an employee goes on vacation strictly according to the vacation schedule, he should be notified of the start time of the vacation no later than two weeks before it starts (part 3 of article 123 of the Labor Code of the Russian Federation). The vacation schedule is mandatory for both the employer and employees (part 2 of article 123 of the Labor Code of the Russian Federation). In this case, the employee may not write an application for a vacation, if the rule on writing an application is not established by the employer for all employees going on vacation without exception.

Since the employee's vacation begins exactly on the date that was originally planned, in columns 6 and 7 of the vacation schedule, the "planned" and "actual" dates will not differ, therefore, it is not necessary to make changes to the schedule upon the fact that the employee goes on vacation.

Off schedule

If an employee goes on vacation not according to the schedule, but on the basis of an application, the employer may not always fulfill the requirements of Part 3 of Art. 123 of the Labor Code of the Russian Federation - notify the employee of the start date of the vacation no later than two weeks before it starts. In this situation, in fact, the employee notifies the employer by writing an application for leave outside the schedule. If the employer agrees with the start date of the vacation, this date is considered agreed by the parties. The consent of the employer with the start date of the vacation is expressed by the resolution of the authorized person (for example, the head of the organization) on the employee's application for the grant of vacation.

An application for a vacation must be written by the employee, taking into account the above period for paying vacation pay, that is, no later than three calendar days before the start of the employee's vacation. This is necessary so that the employer does not violate the requirements of labor legislation when paying vacation pay.

Since the employee's vacation does not start on the date that was originally scheduled, in column 6 and column 7 of the vacation schedule, the "planned" and "actual" dates will differ. For example, in the column "planned" it was indicated "06/23/2014", but the parties agreed to postpone the start date of the vacation to July 1, 2014. Therefore, in the "actual" column, upon the fact that the employee goes on vacation, "07/01/2014" will be indicated.

Confirmation: art. 123-124 of the Labor Code of the Russian Federation, Art. 9 of the Federal Law No. 402-FZ of December 6, 2011, Instructions for the Application and Completion of Forms for Recording Labor and Its Remuneration (No. T-7), approved. Decree of the State Statistics Committee of Russia No. 1 dated January 5, 2004

In addition to the employee’s application, other documents may be required to apply for off-schedule leave. So, when a pregnant woman is granted annual paid leave immediately before maternity leave (Article 260 of the Labor Code of the Russian Federation), the employee is required to provide a medical certificate confirming the state of pregnancy and, accordingly, her right to use this privilege (Rostrud letter No. 659-6- 0 of March 18, 2008). When registering a vacation, the head of the organization may need a decision from the authorized body of the organization if the issues of granting leave to the general director (director) are within the competence of this body.

Extension (transfer) of vacation (if necessary)

In the presence of circumstances established by law, the employer should extend or postpone the vacation for another period (Article 124 of the Labor Code of the Russian Federation).

Leave must be extended or rescheduled in the following cases:

• the employee was temporarily unable to work (sick) during the vacation. At the same time, an extension (transfer) is possible if the days of vacation coincide with the days of illness. If the period of incapacity for work coincided with other days of rest attached to the leave (for example, days off due to the donor employee), there are no grounds for extending (transferring) the rest (Rostrud letter No. 2206-6-1 dated July 23, 2010);
• the employee performed state duties during the vacation, providing for release from work (for example, a juror, a member of the election commission, - part 3 of article 11 of Federal Law No. 113-FZ of August 20, 2004, paragraph 17 of article 29 of the Federal Law No. 67-FZ of June 12, 2002);
• there were other grounds for extending or postponing the leave provided for by labor legislation or local regulations of the employer (for example, in connection with the illness of a member of the employee's family).

The indicated grounds for extending and postponing annual leave also apply to part-time workers (for example, in case of illness of a part-time worker during vacation).

If, in the event of the above circumstances, the employee wishes to extend the annual leave without leaving it, he must notify the employer about this by any available means (by telephone, telegram, etc.) before the end of the leave. These circumstances are the basis for automatically extending the vacation for the appropriate number of days, for example, for the number of days of incapacity for work (clause 18 of the Rules, approved by Decree of the NCT of the USSR No. 169 of April 30, 1930 (valid to the extent that it does not contradict the Labor Code of the Russian Federation)). The employee must warn the employer so that his absence after the end date of the vacation is not qualified as absenteeism. When leaving the extended leave (or earlier, if possible), the employee submits supporting documents to the employer (sick leave certificate, certificates, etc.).

If the employee intends not to extend the vacation, but to transfer its unused part to another period, he must withdraw from the vacation at the end of it (in accordance with the order on granting the vacation) and submit to the employer a corresponding application with supporting documents attached (see Employee's application for the transfer leave for another period). The employee and the employer must agree (at least in advance) on the time for granting the unused part of the vacation. At the same time, the minimum and maximum number of vacation days that can be carried over to the next year is not defined by labor legislation.

Confirmation: Part 1 of Art. 124 of the Labor Code of the Russian Federation.

There are cases in which the leave should only be rescheduled for another period agreed with the employee, and not extended. These are the following situations:

• the employee was not paid vacation pay on time (i.e. no later than three calendar days before the start of the vacation);
• the employee was notified of the leave less than two weeks before it began.

Confirmation: part 2 of Art. 124 of the Labor Code of the Russian Federation.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization (individual entrepreneur), the leave may be transferred to the next working year at the initiative of the employer (with the consent of the employee). In this case, the employee must use the leave no later than 12 months after the end of the working year for which it is granted.

At the same time, it should be taken into account that the possibility of transferring vacation to the next year is limited by law. Thus, it is prohibited not to provide annual paid leave for two consecutive years.

Confirmation: Part 3-4 Art. 124 of the Labor Code of the Russian Federation.

The employee himself can ask to reschedule his vacation for personal reasons (for example, he could not purchase plane or train tickets), that is, to provide vacation not according to the schedule. In cases where the reason for the transfer is related solely to the desire of the employee, the vacation can be postponed only by agreement of the parties, since the vacation schedule is mandatory for the employer and employee.