What is written in the law on vacations in the Russian Federation. Annual paid vacation

Vacation, according to Art. 107 of the Labor Code of the Russian Federation: one of the types of rest time due to every employee. Unlike breaks or days off, this is an extended period when an employee does not need to perform his or her job duties. Each person manages this time at will. Let's consider how many days of vacation are required per year and what are the rules for providing vacation.

The Labor Code interprets vacation as a long period of rest with the employee retaining not only his place, but also his earnings. Such rest is provided to all employees annually (Article 114 of the Labor Code of the Russian Federation). This rule applies to any employers, be they individuals, individual entrepreneurs or organizations of all possible forms.

Providing annual paid time off is an absolute responsibility. Violation of it threatens the employer with administrative, and in especially severe cases, criminal liability.

There are two types of paid leave:

• basic, which applies to all employees;
• additional provided for special conditions labor.

In addition to annual leave, when the employee retains his salary, there are also unpaid leaves. For most employees, this is provided with the consent of the employer. But there are categories of employees who are entitled to such leave by virtue of the law:

• WWII participants;
• pensioners who continue to work;
• family members of military and law enforcement officers who died in service;
• working disabled people.

Unpaid days must be provided to any employee in important cases: birth of a child, wedding, death loved one. The list of situations when an employee can exercise his right to additional rest is open. In the organization itself, the collective agreement also contains other conditions for providing leave without pay.

Special leave can be taken by an employee to take exams in educational institution: introductory, intermediate or final (paid and at your own expense). The employer’s obligation to release the employee and pay him occurs only if two conditions are met:

• the educational institution (university or secondary educational institution) has a state license and accreditation;
• This is the first time that an employee receives education at this level.

Duration of vacation

The minimum number of vacation days that employees are entitled to is established by law. According to the norm of Art. 115 of the Labor Code of the Russian Federation is 28 days a year. This refers to the so-called calendar days, that is, the duration of rest includes not only working days, but also weekends, for a total of 4 full weeks. There is no maximum limit. Each employer, in agreement with the team, has the right to decide how long the vacation lasts in the organization.

The main leave may be more than the minimum by virtue of the law. Thus, the following employees are entitled to extended rest time:

• minors - 30 days;
• civil servants - 35 days;
• municipal employees - 30 days;
• judges - 30 days;
• police officers and prosecutors - 30 days;
• State Duma deputies - 42 days;
• rescuers - 30-40 days;
• those working with chemical weapons - 56 days;
• teachers and lecturers - 56 days;
• educators - 42 days;
• doctors and medical staff - 48 days;
• candidates of science - 36 days;
• Doctor of Science - 48 days.

The duration of additional vacations is also established by law. The Labor Code provides additional days for such categories as:

• workers of hazardous and hazardous industries - at least 7 days;
• employees with work of a special nature - from 2 days (determined by the Government for each individual case);
• employees with irregular hours - at least 3 days;
• workers of the Far North - 24 days, equivalent to CS areas - 16 days.

As in the case of basic leave, only the lower limit is established by law. If an employer wants to extend the rest of his employees and pay, he has the right to do so. The duration of the main or additional leave, which differs from the generally accepted one, is prescribed in the collective agreement.

Dividing vacation into parts

The employer must ensure that employees are provided with holidays every year and that the minimum duration of holidays complies with legal requirements. But for an employee, vacation is the exercise of the right to rest. There is no obligation to take vacation. This allows employees to abuse their rights in some cases, which will result in trouble for their employers during inspection.

If an employee does not want to take the entire vacation, he has the right to divide it into parts. The law allows this, establishing only one restriction: one of these parts must be no shorter than half of the standard leave, that is, two weeks. This requirement is justified from a medical point of view. 14 days is the minimum period required for the body to restore normal performance.

The rest of the rest time is distributed randomly throughout the year. The employee decides how much and when to take vacation. It is only necessary to agree on the terms with the employer in advance. The total duration of all parts of the vacation should not exceed the number of rest days allotted to the employee.

Vacation schedule

Leave under the Labor Code for a newly hired employee is possible after six months. However, the employer can do this earlier if there is such a need or opportunity. Then all employees are entitled to a long rest annually.

The duration of annual leave for most employees is not strictly fixed. They can relax at any time of the year. The exception is those organizations whose work is highly seasonal. For example, teachers use their right to rest almost exclusively in the summer, during long holidays. At other times, their absence from work causes difficulties in organizing normal training.

The rest time of each employee is recorded in a special personnel document - a vacation schedule. It is drawn up in advance and should be brought to the attention of the team two weeks before the new year. Considering the need for coordination with the trade union, planning department and accounting department, it is advisable to begin preparations in November.

The schedule is drawn up taking into account the wishes of the employees themselves and the opinion of the employer, who is interested in the smooth operation of the organization. Parents of schoolchildren and younger children primarily receive vacations during the summer months. Others may be offered other terms. For part-time workers, the dates when vacation is due must coincide with those for the main job.

Design rules

The procedure for granting vacations throughout the year is determined by the schedule. This is a mandatory document that must be drawn up in every organization. The only exceptions can be so-called micro-enterprises, the number of employees of which is less than 15 people - simplification and reduction of personnel documentation is provided.

The start of the vacation is formalized by order. It is most convenient to use their unified forms T-6 or T-6a (to be provided to several employees at the same time). It is enough to enter all the necessary information into the already formed form. It is important to include information about the employee’s length of service in the order. This is necessary for correct definition duration of rest.

Orders also formalize procedures such as rescheduling vacations and extending vacations. Before issuing an order for the early recall of an employee, it is necessary to obtain his consent. Refusal to interrupt vacation is the employee’s legal right, and not a disciplinary offense. There should be no punishment. Exiting vacation after the end of the holiday does not require additional registration.

Replacement of vacation with cash payment

During the annual vacation, the employee retains his earnings. Vacation pay is calculated according to the rules of Art. 139 of the Labor Code of the Russian Federation and are issued before the start of the vacation. When calculating, all payments received during the past year are taken into account.

The law does not provide for the replacement of rest with cash payments. More precisely, the minimum vacation of 4 weeks is not compensated. The remainder exceeding the period may not be used, but the employee's vacation pay must be paid.

The only case when all vacation days can be “taken with money” is dismissal. When calculating, the employee is paid for all vacation days that he did not manage to use in the current year, as well as earlier. If the year has not been fully worked, the number of days is calculated in proportion to the length of service giving the right to receive leave.

Every officially employed citizen has the right to annual paid leave of 28 calendar days. Vacation is paid based on the average earnings of the employee for the last calendar year. This does not mean a calendar year, but a working year, and the countdown begins not from January 1, but from the date of concluding an employment contract with a specific employer.

The right to take annual leave arises for an employee after six months of working for a given employer. If the parties to the contract reach an agreement, the leave may be granted earlier. If an employee quits without working for even six months, the employer is obliged to pay him compensation for unused vacation days. How to calculate how many vacation days an employee has accumulated? The formula for calculating vacation pay is not that complicated. You need to know which periods are taken into account for the length of service that gives you the right to leave.

Starting from the second year of fulfilling his job duties, the employee’s vacation is provided in accordance with the schedule, which must be approved at each enterprise before December 15 of the current year for the next year. Every employee should be familiar with the methodology for calculating vacation pay.

Vacation pay is calculated using the formula:

OTP = (Salary / (12 * 29.3))* number of vacation days, where:

• OTP - the amount of compensation received for vacation;
• ZarPl is wages and the given employee for the entire period worked; 12 - number of months in a year;
• 29.3 is the average number of days in a month. This value is set at the Government level.

Calculation and payment of vacation pay must be made no later than 3 calendar days before the start of the employee’s vacation. It is more difficult to use the above formula if the employee has not completed a full working year.

(29.3 / 12) * total number of months worked. 29.3 / 12 = 2.44 days each employee has for the month actually worked.

When calculating vacation pay, the following periods are taken into account, according to Art. 121 Labor Code of the Russian Federation:

• actual work time;
• days when the employee was actually absent from the workplace, but it remained with him. Such cases are given in the Labor Code of the Russian Federation and other regulations;
• days of forced absence;
• other periods specified in Art. 121 Labor Code of the Russian Federation.

For example, an employee got a job on November 2, 2015, and quit on April 28, 2017. He worked the entire period in full, without absences. Thus, he “accumulated” 5 months of experience for vacation. Since April has “passed” the halfway point, it is considered fully. Therefore, the employee has “accumulated” 2.44 * 5 = 12.2 vacation days. According to the rounding rules - 12 calendar days.

Vacation pay formula

What does the formula for calculating average earnings for vacation pay look like:

Srzar = Zarpl / (12 * 29.3), where:

• srar is the average salary for 1 day of work for a specific employee;
• Salary is the entire accrued salary of a particular employee for the last working year;
• 12 - number of months in a year;
• 29.3 is the average number of days in 1 month.

For example, an employee got a job on June 2, 2016, and from June 1, 2017, he has the right to go on vacation. During this period he received 578,000 rubles. Thus, his average wage for 1 day of work is:

578,000 / (12 * 29.3) = 1,638.32 rubles.

The formula for calculating days according to the vacation calendar is as follows:

(29.3 / 12) * total number of months worked. Each employee has 29.3 / 12 = 2.44 days for the month actually worked. For example, an employee worked a full 7 months for this employer. Therefore, upon dismissal, he has the right to receive compensation for 7 * 2.44 = 17 calendar days of vacation.

Calculation formula

Calculation formula vacation days looks like that:

Average earnings of a given employee * number of vacation days.

Each employee has the right to independently split his vacation, but with the condition that one half of it will be at least 14 calendar days. He has the right to divide the remaining days. But you need to reach an agreement with the employer, since splitting the vacation is out of the general schedule, and this may affect the rest of other employees.

Average earnings for 1 day of work are calculated using the following formula:

All earnings for the last calendar year / 12 * 29.3

Vacation pay in 2018 is calculated taking into account the Regulations on the procedure for calculating average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. New calculation rules have not been developed or approved for several years.

The amount of money that an employee will receive during his vacation period is influenced by the following factors:

• the period for which the calculation is made;
• average employee earnings. It is for the purposes of calculating this indicator that it is necessary to obtain a corresponding certificate from the previous employer. This will prevent you from “losing” some amounts and periods;
• work experience;
• the number of days of rest that the employee wishes to use. The maximum amount of compensation will be paid for 28 calendar days of vacation.

Only those employees who officially work under an employment contract have the right to leave. If a civil contract has been concluded with an employee, then such an employee does not have the right to leave. The standard duration of vacation is 28 calendar days. But there are some categories of workers who, due to their profession and position, may qualify for additional days of rest.

The first leave is granted after six months of work, then according to the schedule. There are employees who can go on vacation at a time convenient for them, despite a previously approved document:

• women who will soon go on maternity leave;
• employees who have officially adopted a child under three years of age;
• minor workers.

Important! Each employee, by agreement with the employer, has the right to receive leave without pay. In this case, there is no need to calculate anything, since management does not have to pay for these days. But if you take such a vacation for more than 14 days, this will affect indicators such as length of service and length of the working year.

Number of days in the period

To calculate vacation pay, you must take the previous 12 months and the actual time worked in them. The company may set a different billing period (for example, six months or a quarter). But this norm must be enshrined in a collective agreement or other regulatory act. The employee must be familiarized with this provision by signing upon entry to work.

A self-determined period should not worsen the employee’s position as if a “standard” period were used in the calculation.

If an employee decides to take a vacation after six months, then the time actually worked is taken into account for the calculation. When calculating, you need to know which periods are excluded. These include the days the employee was on sick leave (for various reasons) and on unpaid leave (more than 14 days).

Accountants sometimes have questions regarding accounting for holidays that fall during an employee’s rest period. Should they be taken into account? According to the explanations of the Ministry of Labor (letter dated April 15, 2016 No. 14-1/B-351), these days “automatically” extend the vacation, but they are not paid.

What if the period is excluded completely? For example, a woman was on leave to care for her child. Then for the calculation you should take the period that was fully worked out, even if it was several years ago. If this period is completely excluded, then you need to take the billing month and the days actually worked in it.

Downtime caused by the employer is also excluded from the billing period. This period is paid from the wage fund at the rate of 2/3 of average earnings. But neither the amount nor the days are taken into account when calculating vacation days.

Payments taken into account when calculating

To correctly calculate average earnings, you need to know what payments are taken into account in the calculation. Government Decree No. 922 states that the employer must take into account all amounts that relate to wage payments. These payments must be specified in the relevant local regulations, which the employee must be familiar with upon starting work.

Average earnings are calculated based on the provisions of Art. 139 Labor Code of the Russian Federation. Analyzing this article, we can conclude that all payments (including incentives) that are included in the remuneration system of a given employer and that do not contradict the law are taken into account. It does not matter from what means these payments are made.

The question arises about accounting for bonuses, since they relate to incentive payments. For the calculation, those bonuses that relate to the remuneration system are taken into account. Their list must be specified in one of the following local regulations:

• contract of employment;
• wage regulations;
• regulations on incentives (bonuses);
• collective agreement.

Calculation of vacation pay on weekends

Some workers, wanting to extend their vacation, arrange their vacation so that it “catch” the weekend and holidays. If an employee’s legal vacation includes official non-working holidays, they are not included in the number of vacation days and, as a result, are not paid. In Art. 112 of the Labor Code of the Russian Federation provides an exhaustive list of official non-working holidays in Russia. Most of them fall in January.

Young workers are often concerned about the question of whether weekends are taken into account during the vacation period? According to Art. 119 of the Labor Code of the Russian Federation, annual paid leave in Russia is provided in calendar days. In Art. 120 of the Labor Code of the Russian Federation states that weekends, along with working days, are included in vacation and are subject to payment.

Duration of vacation

In Russia, the minimum duration of annual leave is 28 calendar days. All officially employed citizens can count on such vacations. These include persons working under an employment contract. Persons carrying out their activities under a civil contract cannot count on the annual provision of 28 days of rest. Such guarantees are given only to officially employed persons.

In Russia, certain categories of workers have been identified who have the right to extended rest. The number of additional days is provided by law. In addition, the employer has the right to independently “throw in” a few days of vacation. But this provision must be spelled out in a local regulatory act.

Calculation example

In order to understand how to correctly calculate vacation pay, it is necessary to give several examples.

Example 1. Employee N. wrote an application for annual leave from 04/02 to 04/30. His salary is 56,000 rubles. Before the New Year, all employees, including employee N., were given a bonus in the amount of 18,000 rubles. Every month, employee N. receives compensation for gasoline in the amount of 5,000 rubles and for mobile communications in the amount of 1,000 rubles. The period was worked out completely by N.

1. The billing period from 04/01/2017 to 03/31/2018 has been fully worked out.
2. Payments that must be taken into account when calculating vacation pay:
   • employee salary - 56,000 * 12 = 672,000 per year;
   • New Year's bonus - 18,000 rubles;
   • compensation payments are not taken into account, since they do not relate to the wage system.
3. N.’s average earnings for the billing period are equal to:
   (672,000 + 18,000) / 12 = 57,500 per month.
4. Vacation pay calculation:
   (57,500 / 29.3) * 28 = 54,948.5 rubles.
5. N. will receive in his hands:
   54,948.5 - (54,948.5 * 13%) = 47,805.2 rubles.

Example 2. Employee N. wrote an application for annual leave lasting 14 calendar days in the period from 04/01 to 04/15. N.'s salary is 42,600 rubles. N. was hired on October 1, 2017. In December, he was on sick leave for 7 days and received 12,000 rubles during this period. In December, he also received a salary of 27,000 rubles.

1. The billing period from 10/01/2017 to 03/31/2018 has not been fully worked out.
2. Before his vacation, N. worked a full 6 months, that is, 6 * 29.3 = 175.8 days.
3. Together with sick leave in December - 29.3 * 23 / 31 = 21.7 days. Total 175.8 + 21.7 = 197.5 days.
4. Payments taken into account for calculation:
   • for 6 full months and part of December, excluding sick leave - (6 * 42,600) + 27,000 = 282,600 rubles;
   • Sick leave is not taken into account.
5. Vacation pay calculation:
   (282,600 / 197.5) * 14 = 20,032.4 rubles.
6. N. will receive in his hands:
   20,032 - (20,032.4 * 13%) = 17,427.84 rubles.

Example 3. Employee N. wrote an application for leave from 04/01/2018 to 04/15/2018. He worked for this employer for 5 years. Monthly salary - 68,000 rubles, monthly bonus - 5,000 rubles. At the end of 2017, a bonus of 30,000 rubles was paid. In March, N. was on sick leave for 7 days, the amount of payments was 27,000 rubles, the salary for March was 40,000 rubles.

1. The billing period is from 04/01/2017 to 03/31/2018.
2. In March, he worked 29.3 * (31 - 7) / 31 = 22.7 days.
3. Amount of payments for March to calculate average earnings:
   • according to the production calendar in March there are 21 working days;
   • N. actually worked 16 days;
   • premium for March (5,000 / 21) * 16 = 3,809.5 rubles;
   • the total amount for March is 40,000 + 3,809.5 = 43,809.5 rubles.
4. Due to the fact that N. was on sick leave, he worked part of the pay period. Therefore, the bonus at the end of the year must be recalculated according to the days actually worked. For N. it is 244 days. And according to the schedule - 249 days. Prize amount: (30,000 / 249) * 244 = 29,397.6 rubles.
5. Total for December - 68,000 + 29,397.6 = 97,397.6 rubles.
6. Vacation pay calculation:
   • at the end of the year (68,000 * 11) + 97,397.6 = 845,397.6
   • number of days for calculation 29.3 * 11 + 16 = 338.3
   • vacation pay amount - (845,397.6 / 338.3) * 14 = 34,985.4 rubles.
7. N. will receive 34,985.4 - (34,985.4 * 13%) = 30,437.3 rubles.

For a certain number of days in a row, established by law and provided to the employee annually, with retention of his place of work and, as a rule, average earnings.

In accordance with Part 5 of Art. 37 of the Constitution of the Russian Federation, those working under an employment contract are guaranteed the right to paid annual leave. The right to leave arises for all employees, regardless of place of work and legal form of the organization.

Right to vacation have all categories of workers: temporary, seasonal, part-time workers, homeworkers, etc. It cannot be limited, canceled or lost during the period of work. Persons who have entered into civil contracts (for example, contract agreements, assignments) do not have the right to leave.

Annual paid vacation- this is a continuous rest for a certain number of days in a row, which is provided to all employees to restore their working capacity while maintaining their place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation).

To qualify for vacation, you must have a length of service. The procedure for calculating length of service giving the right to annual basic paid leave is regulated by Art. 121 Labor Code of the Russian Federation. According to the amendments to the Labor Code of the Russian Federation, changes have been made to the list of periods that are included in the length of service that gives the right to annual basic paid leave, provided for in Art. 121 Labor Code of the Russian Federation. First of all, the list of periods includes the period of suspension from work of an employee who has not completed the mandatory medical checkup through no fault of my own. The definitions contained in paragraphs 3 and 5 of Part 1 of Art. 121 of the Labor Code of the Russian Federation have been combined, and thus it is proposed to include in the length of service periods when the employee did not actually work, but after him in accordance with labor legislation and other regulatory legal acts containing norms labor law, a collective agreement, agreements, local regulations, and an employment contract preserved the place of work (position), including the time of annual paid leave, non-working holidays, weekends and other rest days provided to the employee.

The maximum duration of unpaid leave has also been increased to 14 days; if exceeded, these periods are not included in the length of service giving the right to annual basic paid leave. This way, you can take vacations at your own expense more freely. If now the eighth (and all subsequent) days of vacation at one’s own expense per year are not counted toward the length of service that gives the right to paid leave, then according to the new rules only the fifteenth day will not be counted (Article 121 of the Labor Code of the Russian Federation).

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

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

• for women - before maternity leave or immediately after it;
• employees under the age of 18;
• employees who adopted a child under three months of age;
• in other cases provided for by federal laws.

Leave is granted to employees for 28 calendar days. However, the vacation period does not include holidays. When determining the duration of vacation, the organization's working hours (six-day or five-day working week) does not matter. This is the minimum duration guaranteed by law at the federal level. Therefore, annual basic leave cannot be less than 28 calendar days. However, it can exceed the specified number of days; this is done in two ways: by regulation and by contract. We are talking about extended basic leave provided to certain categories of workers in accordance with Part 2 of Art. 115 of the Labor Code of the Russian Federation and other federal laws.

• workers under 18 years of age (minimum duration of vacation - 31 calendar days);
• disabled people (minimum duration of leave - 30 calendar days);
• employees of child care institutions (minimum duration of leave - 42 calendar days);
• workers educational institutions and teachers (minimum duration of leave - from 42 to 56 calendar days);
• prosecutors and investigators of the prosecutor's office (minimum duration of leave - 30 calendar days), etc.

People working part-time are granted annual paid leave simultaneously with leave for their main job (Article 286 of the Labor Code of the Russian Federation). If an employee has not worked for 6 months at a part-time job, leave is provided in advance.

The rules on vacations (approved by the People's Commissariat of the USSR on April 30, 1930), currently in force to the extent that they do not contradict Labor Code RF, it is stipulated that leave can be granted before the right to it accrues, i.e. in advance. In this case, the vacation must be full, i.e., the duration established by law, and also paid in full. In addition, the issue of the possibility of providing leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.

Vacation for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule. The vacation schedule is drawn up no later than two weeks before the start of the calendar year. The schedule indicates the names of employees entitled to leave, their positions, the structural unit in which they work, the number of days and the planned period of leave.

It is prohibited not to provide leave to an employee for two periods in a row.

The next annual leave must be granted before the end of the current working year. If the reasons preventing the employee from going on vacation occurred before it began, then the new period is determined by agreement with the employee.

For employees who have entered into employment contract for a period of up to two months, paid vacations are provided or compensation is paid upon dismissal at the rate of two working days per month of work.

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).

Recall of an employee from vacation is permitted only with his consent. The part of the vacation not used in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Recall from vacation is not allowed:

• workers under 18 years of age;
• pregnant women;
• workers engaged in work with hazardous or hazardous conditions labor.

Annual paid leave must be extended in cases where:

• the employee fell ill while on vacation;
• the employee performed government duties during vacation (if the law provides for exemption from work);
• in other cases provided for by law or local regulations of the organization.

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

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, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

An employee leaving for work is paid average earnings (vacation pay). Payment for vacation is made no later than three days before it starts. The amount of vacation pay is subject to income tax individuals, unified social tax, contributions to compulsory pension insurance and insurance against industrial accidents and occupational diseases in the usual manner.

The amount of vacation pay is calculated based on the employee’s average daily earnings over the last 12 months. General procedure The calculation of average earnings when paying for vacation is established in Art. 139 Labor Code of the Russian Federation.

The procedure for granting vacations

Vacation is granted upon personal request of the employee in accordance with the vacation schedule, which is drawn up by agreement with the trade union. The vacation schedule is drawn up taking into account the duration of the employee’s vacation and without disrupting the normal course of work of the enterprise. Vacations can be postponed if there is a production need; if the employee does not go on vacation on time without good reason, the employer has the right, at its discretion, to postpone it to any time in the current year. Transferring vacation to the next year is allowed only if there are production reasons and with the consent of the employee, and in the current year he must be given at least 6 days of vacation. Recall from vacation can only be done with the consent of the employee. Payment for vacation must be made no later than three days before its start (Article 136 of the Labor Code of the Russian Federation). Leave must be granted at any time at the request of the employee:

• minors;
• women during pregnancy and childbirth before or immediately after it;
• women immediately after maternity leave;
• other categories established by law.

Failure to provide leave for two consecutive years is prohibited, with the exception of persons working in the Far North. Replacement of vacation with monetary compensation is not allowed, except in cases of dismissal or in part exceeding 28 days for each year for which vacation is granted.

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

Vacation is a citizen’s right to rest established by Russian legislation. For 2018, this is provided for 28 days with payment of wages.

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

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

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

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

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

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

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

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

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

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

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

Exception - monetary compensation upon dismissal.

Providing annual paid leave

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

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

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

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

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

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

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

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

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

At your own expense

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

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

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

By the way, what do you know about the provisions, because this is an important regulatory document.

Maternity leave

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

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

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

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

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

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

If future mom was employed at several enterprises at once, then each employer is obliged to pay her benefits.

Download the vacation law

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

When an employee resigns, he is entitled to compensation for all unused vacation days. To accurately calculate it, you need to know the number of vacation days to which the employee is entitled.

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The employer is responsible for the financial well-being of the organization, so he must have a clear understanding of how rest days are calculated.

During the dismissal of an employee, he is entitled to compensation in cash equivalent.

It is calculated as follows: the number of unused vacation days is multiplied by the average daily wage.

Employee's rights to rest

Labor law states that every working person has the right to rest. In this case, the employee must work on the basis of an employment agreement.

Vacation is provided every year and must be paid. You can count on rest after working for at least 11 months.

If agreed with the employer, you can take a vacation after working for six months. In this case it will be different and the amount will be significantly less.

While the employee is on vacation, workplace remains with him, the same wages are paid.

Legislation

According to the Code of Laws, everyone who has an official place of work has the right to leave. It is provided every year and must be paid for.

The number of vacation days according to the Labor Code of the Russian Federation in 2019 is 28 days ().

At the personal request or in agreement with the employees, the employer has the right to extend the term. Provided that its increase will not affect working conditions and will not worsen them.

Such a change must be registered in the internal documentation of the organization - the Collective Agreement and the Rules for the work schedule.

In accordance with, the employee has the right to apply for leave for the first time after working for six months. According to Article 115 of the Labor Code, vacation must last at least 28 days.

Number of vacation days according to the Labor Code

The number of vacation days in 2019 according to the Labor Code is 28 days.

For individual citizens this period is different:

• minors – 31 days;
• disabled people – 30;
• teachers - 42 days and 56 (depending on position);
• scientific workers – 48 (for doctors) and 36 – for candidates;
• prosecutor – 30 days;
• civil servant – 36 days.

Average

The average number of vacation days cannot be less than 28. This is stated in the legislation. For disabled people this number is 30 days, for those under 18 years old - 31 days.

Does it depend on experience?

The length of service does not affect the number of vacation days provided. All employees have the same rights.

Upon dismissal

If the employee takes, then it is extended by the number of days that fall on holidays.

When working part time

Standard. The number of days and months worked in fact is taken into account. Even if the working day is 4 hours and not the required 8 hours, the calculation is still made as for a full day of work.

Before maternity leave

A woman has the right to (even if she has not worked in the organization for six months).

If she has already been on vacation and wants to take it again before leaving, then in this case she will have to negotiate with the employer. As a way out - arrange 2 weeks at the expense of the future vacation.

Do holidays count?

During the calculation, only calendar days are taken into account; holidays or weekends are not included.

How to calculate?

The calculation of vacation pay is influenced by several indicators - the average daily wage, the pay period and the number of days.

For ease of calculation, there is a simple formula - wages per day (average) are multiplied by the number of vacation days.

The amount received will be the amount of the payment.

How to calculate the average earnings per day? This figure is influenced by the calculation period. In the event that an employee has worked whole year, the salary will be calculated based on the amount of all payments for the year. If 6 months or less, payments that the employee received personally are taken into account. The amount will be lower.

The average salary does not affect the number of days of vacation, but only the amount of payment.

• salary + allowances and bonuses;
• additional payments (related to a specific position).

The calculation does not take into account material aid(more than 4 thousand rubles), a one-time social bonus and payment based on average earnings.

The pay period is the time worked between several vacations. There is one caveat.

If an employee divides the vacation into 2 times (in accordance with), then the billing period is considered one - it is calculated for the first part of the vacation.

The following cannot be included in the calculation period:

• absenteeism - both forced and through the fault of the employee;
• time off;
• period of temporary incapacity;
• time off related to caring for a child or a sick relative;
• other reasons for which wages were not paid.

After all the calculations, the accountant is obliged to check whether the employee has the right to count on the number of days of vacation that he indicated in the application.

If an employee previously took days off, then he has already “overtaken” his vacation. Therefore, some days may not be paid.

Additional days

There are times when an employee has the right to take additional days. It is important to know who has this right and how to correctly calculate these days.

In addition, the following categories of employees can take additional leave (with payment) each year:

• astronauts;
• civil servants;
• military personnel;
• donors;
• air traffic controllers;
• workers who have been exposed to radiation;
• municipal employees;
• prosecutors, investigators;
• teachers, pedagogues;
• health workers;
• judges;
• rescuers;
• athletes;
• workers who were sent to the Far North.

The vacation period is extended by no less than 3 days.

Payment

The employer must pay the entire amount no later than 3 days before the employee goes on vacation. If the payment day falls on a weekend, the vacation pay is carried over to the next day.