When is the first leave after employment and the procedure for its provision. New vacation law

Establishment of state guarantees in the field of labor, creation favorable conditions for work, protection of the rights and interests of employees and employers - the main goals labor law(Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents governing labor Relations, is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Eases for microenterprises

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

Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. These are, for example, the rules of internal work schedule, regulations on remuneration or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if the micro-enterprise refuses to develop such acts, must be included directly in labor contracts with employees. For this, the standard form of an employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

A new mandatory document when concluding an employment contract

On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the end of the term of such punishment are not allowed to certain types works (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230-FZ). These types of work include, for example:

• work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of February 9, 2007 No. 16-FZ);
• work directly related to the movement of trains and shunting work (clause 3, article 25 of the Federal Law of 10.01.2003 No. 17-FZ);
• work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).

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

Amendments to the Labor Code: June 2017

The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru last changes in the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 come into force not on June 19 (the next day), but after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that according to general rule overtime work is paid for the first two hours at least one and a half times, for the following hours - at least twice the amount or is compensated by providing an equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays paid in an increased amount or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.

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

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 within a period that depends on the duration of labor activity on the last place work. So here's what employers need to know about it.

Leisure classification

Moreover, such a period is considered to be minimal, therefore, a vacation period less than the specified amount is not provided. But more than is established in Article 115, perhaps. The tenant can increase the amount of legal rest at his discretion, and this can be done in an unlimited amount. But such unauthorized increases in vacation periods are rarely practiced.

But there are special categories of employees who, under an employment contract, have additional rest time annually. by law, it is due to those employees who work in special conditions, for example, have an irregular schedule or especially difficult working conditions.

Affordable for all working people. Every year, the employee has the right to rest for as many days as he is prescribed in the employment contract. But the contract itself is drawn up taking into account legislative norms and cannot go against labor standards. In accordance with this, for each category of employees, their own periods for vacation are provided.

Each employee is granted a basic leave of 28 days. Such an amount is stipulated in Article 115 of the Labor Code of the Russian Federation. You can take a vacation at any time, theoretically there are no restrictions, except for the first year of work. A new employee can only claim rest after six months. At the same time, after six months, he can immediately claim the entire segment assigned to him by law. There are special categories that are entitled to leave not after six months of work, but even earlier. This list includes women who are expecting a child, underage employees, as well as those who have adopted a baby before the age of three months. Part-time workers can also take vacation earlier, provided that they have a vacation period at their main place of work. In the second year of work and all subsequent years, the period for granting a vacation period is not standardized by law. In fact, it can be chosen completely even at the beginning of the working year. The main thing is that the time was previously discussed with the employer.

According to the Labor Code, this is not the only established rule when assigning rest to employees. It is also important to have a predetermined order in which employees are on vacation. This measure is mandatory, although it allows you to transfer previously established periods and take several days off as vacation after hours. The schedule itself, the transfer of rest, as well as the design of days on account of vacation, are taken only upon agreement with the management of the organization and its approval.

Increasing vacation time

The number of vacation days does not increase in proportion to the number of years worked. But this does not mean that you can not count on a longer vacation. There are categories that are entitled to additional leave.

Additional vacation periods are divided into:

• paid;
• unpaid.

Not compensated by the employer, however, this period is not deducted from the total number of working days when calculating the average wages for holiday pay.

But we are more interested in paid additional rest, because this time can not only be taken off, but also, if desired, by remaining at work.

Article 116 of the Labor Code of the Russian Federation allows the employer to give his employees additional paid rest at his discretion. But there are those groups of people who can count on this privilege on an official basis. The same article 116 provides a list of employees who must be provided with additional annual paid time off.

You can count on additional days of vacation:

1. People employed in jobs that are classified as dangerous or harmful.
2. Employees who have a note in the employment agreement about the irregularity of their work or the special nature of the duties performed.
3. To all workers and areas equated to them.

Each of these categories is provided with an individual duration of additional calendar days of vacation. Some employees can combine several items in their profession at once, in which case all additional vacation periods prescribed by law in a year are summed up.

Irregular working hours

How many days of vacation are required per year for employees who have the employer decides. It all depends on the specifics of the work and how often a person is involved in work outside of working hours.

According to the law, not only those professions that involve the traveling nature of labor or work outside a specific organized place. If the worker has a stable place where he performs his labor duties with an agreed standard schedule, but by the nature of his profession he can be involved in solving some problems after hours, then such work is also recognized as irregular.

Decree of the Government of the Russian Federation No. 884 of 2002 stipulates a list of employees who can count on additional rest due to their irregularity.

It includes:

1. Leaders.
2. Deputy leaders.
3. Engineers, technologists and other technical employees.
4. Housekeeping staff.

This is a very indicative list and does not reflect all possible variations. When making a decision on extradition, one should be guided by the fact that employees of a particular profession are involved in labor duties outside of working hours. Some organizations monitor such aspects, as a result of which they expand or reduce the list of people included in this category.

The main question for the employer is how many days of additional rest should be provided.

There is no single standard for determining the term, but there is a minimum barrier below which it is forbidden to set, it is established in article 119 of the Labor Code of the Russian Federation. For irregularity, at least three calendar days are provided. note that we are talking not about working days. Like other vacation periods, additional rest is calculated in calendar equivalent.

Work with harmful working conditions

Everything is provided, focusing on legal standards, the main of which is the Labor Code. But this does not exclude the fact that the employer is obliged to prescribe rest periods in their local regulations. The collective agreement provides complete list professions in the organization, indicating how long the vacation lasts for a particular category. The collective agreement allows general information taken from Labor Code, specify, indicating only those points that relate directly to this company. When concluding an agreement with a new employee, in labor document individual working conditions are also introduced, which will apply to this person.

In the case of harmful and/or hazardous conditions labor vacation period is appointed not at the request of the employer, but if there is a justification. Such justification may be the certification of the workplace. For this, a commission is preliminarily appointed, which conducts measures to assess the existing conditions. A certain gradation has been established, which allows you to determine the degree of danger and harmfulness. In accordance with it, additional rest is assigned, that is, the higher the harmfulness, the longer the vacation time. Those jobs that are awarded 2nd, 3rd and 4th degree are considered dangerous.

Establishes that seven days is considered to be the permitted minimum barrier of incremental rest. Less than 7 days of additional rest cannot be assigned to those employees who work in places with a degree of danger of 2. If the degree is higher, then the period is increased. The truth about the proportionality of the increase in the code is not mentioned, this item is left to the discretion of the organization's management. The established degree of danger is not final and unchanged. If the employer regularly takes measures to improve working conditions, then the harmfulness should decrease. According to the decrease in the degree of harmfulness, additional rest may also decrease.

Work in the regions of the Far North

Work in the conditions of the Far North is rightfully considered more difficult. The reason for this is the weather conditions, besides, many works are carried out directly on the street, and not indoors.

People working in such conditions are entitled to significant additional benefits. They are paid a multiplier, but in addition they all receive additional rest, which must be paid by the employer.

Article 321 of the Labor Code of the Russian Federation refers to the amount of rest that is provided to all working in difficult weather conditions people.

Unlike the previously announced categories, there is no freedom for the employer, because the terms are specified specifically, without minimal barriers.

Additional recovery time is given to:

1. All those working in the regions of the Far North lasting 24 calendar days.
2. People who work in areas equivalent to the Far North receive an additional 16 days a year.
3. Other districts that have a wage surcharge receive 8 days of surcharge paid time off.

If you need to find out how many days you can take a part-time job, then you need to focus on general rules. Rest for part-time workers lasts as long as for the main workers.

For northern workers or other categories of workers, a single rule applies. Rest can be summarized and selected at the same time, or you can divide it into parts and take it in stages. A separate amount of rest can be taken on account of the main or additional vacation period.

Entitlement to extended basic leave

Here are examples of such categories, and also specify how many calendar days are added to them:

1. Minor employees are entitled to 31 days, instead of 28. Recall that those under the age of 18 can also take the specified time earlier than they have completed their first six months.
2. the term of the main period is increased to 30 days. The degree of disability does not matter.
3. Teachers, depending on the classification, rest for 42 or 56 days.
4. Doctors of Science are entitled to 48 days.
5. Candidates of Sciences - 36. Both of these categories can count on the provision of this time while working in government organizations.
6. If the work is related to the production, testing or testing of chemical weapons, then 49 or 56 days of rest are required.

The right to rest is not an abstract concept. It is expressed in a specific number of days of rest. We will tell you how to calculate them correctly and how many vacation days are required per year according to the Labor Code of the Russian Federation.

How to count

How to divide the rest into parts

No subordinate can be obliged to use at the same time all the days of rest due to him. This provision is in Art. 125 of the Labor Code of the Russian Federation. It also indicates how exactly to spread the days of rest during working year. According to the current rules, when splitting a vacation, one of its components must be at least 14 calendar days. Usually the employer insists that one vacation in the current period has such a duration.

In the future, subject to this requirement, the remaining parts can have any duration, even one or two days. Sometimes internal documents stipulate a different duration of vacation. For example, an employer will fix in a collective agreement that the minimum number of vacation days for employees of his company is three. This state of affairs is not considered a violation.

How weekends and holidays affect vacation time

According to the current rules, weekends are counted in the total duration of the vacation. They are subject to the same pay as weekdays. Let's clarify this with an example. The storekeeper Ivantsov made another application for a vacation, which lasts from June 14 to June 21 of this year. And 18 and 19 were days off. Therefore, the employee must be given a rest for 8 days, and all of them should be paid in the same amount.

Rest according to internal documents

The previously mentioned rest duration of 28 calendar days is the smallest. Any employer can change it by setting longer paid holidays for company employees. In this case, the number of additional days of rest due should be indicated in an internal regulatory document: a collective agreement or internal labor regulations. Sometimes this rule is prescribed in labor contracts with subordinates.

Keep in mind: according to paragraph 24 of Art. 270 of the Tax Code of the Russian Federation, the cost of paying for extended holidays will not allow to reduce taxable income. Although the number of paid vacation days will increase for a particular employee, the company will be able to write off only a portion of the vacation pay that is due to the employee for 28 days. The remaining amount of the organization will have to pay from its net profit.

You must withhold income tax from the entire amount of accrued vacation pay. In addition, it is necessary to impose insurance premiums on it. Personal income tax should be transferred to the local budget, and contributions - to the relevant off-budget funds.

Legal leave

A number of categories of employees are entitled to leave longer duration. Who exactly can qualify for an extended vacation, and how many vacation days are required under the Labor Code of the Russian Federation in one case or another, can be found in our table.

Having carefully studied this table, you can understand how many days the vacation lasts for certain specialists.

Duration of the "northern vacation"

Holidays for people who live and work in the difficult conditions of the Far North are naturally longer than for other workers. The long rest of the northerners consists of 2 parts:

1. paid standard leave of 28 calendar days;
2. paid additional leave, the duration of which depends on climatic conditions areas where employees work.

Based on the provisions of Art. 321 of the Labor Code of the Russian Federation and other legislative acts, it is easy to figure out how many days of northern leave are required by law for certain employees:

• workers in the regions of the Far North are entitled to 24 calendar days;
• in areas equated to the Far North, workers additionally rest for as many as 16 calendar days;
• in the rest of the northern regions, where percentage bonuses to wages and regional coefficients apply, employees of local companies are entitled to another 8 calendar days.

How to write an application for additional leave

According to the current standards, such a statement is drawn up in accordance with the office work rules in force at the enterprise. If the company has a template for such a document, it will not be difficult to fill it out.

Otherwise, you can use the standard application form for the next vacation. Then, in the content of the document, it should be noted that the vacation is additional, indicate the start date of the vacation and its duration.

Please note: you can take an additional vacation only after the main vacation time has been used.

Most employees clearly know how many days are on vacation according to the law . 2017 and 2018 were no exception in this regard. In federal legislative acts There were no changes to the length of paid rest time.

As for local normative documents, then it is in the interests of each employee to request from the personnel service all the provisions, orders and instructions regarding the duration and procedure for paying vacations. This will help the employee to clearly understand how many days of rest he can count on, and, based on this, make further plans.

When choosing rest periods, it must be remembered that vacations can be taken not only for the time that has already been worked out in the company. Based on the norms and provisions of Art. 122 of the Labor Code of the Russian Federation, in agreement with the employer, the employee can take it in advance.

As a general rule, the right to first annual vacation(at a new place of work) occurs with an employee after six months of continuous work in the organization (). At the same time, the organization is obliged to provide leave in advance for some employees (at their request). An employee can take leave for the second and subsequent years of work at any time of the working year on vacation.

What is the duration of annual paid leave

By law, every employee is entitled to 28 calendar days paid vacation. Sometimes this period needs to be increased - to provide an extended basic vacation. In addition, there are categories of employees who are entitled to additional holidays. Plus, it is important to properly divide and, if necessary, extend the legal rest.

Do I need to include non-working holidays in the duration of the vacation?

When determining the duration of the vacation, exclude non-working holidays from the calculation: both federal - those prescribed in the Labor Code of the Russian Federation, and regional. The latter are established by the authorities of the constituent entities of the Russian Federation. This follows from articles 22, 120 of the Labor Code of the Russian Federation and paragraph 2 of the letter of Rostrud dated September 12, 2013 No. 697-6-1, part 1 of article 72 of the Constitution of the Russian Federation, article 4 of the Law of September 26, 1997 No. 125-FZ.

Example: P.A. Ivanov has been working at Gasprom LLC as a storekeeper for more than two years. He has accumulated unused days of annual basic paid leave. He decided to use them - on May 15, he wrote an application for vacation from June 1 to 21.

June 12 is a non-working holiday (Article 112 of the Labor Code of the Russian Federation). Therefore, the accountant excluded him from the calculation. Thus, the duration of Ivanov's vacation was 20 calendar days - from June 1 to 11 and from June 13 to 21.

HOLIDAY PAYMENT DATES

Vacation paid no later than three calendar days before it starts. At the same time, the Labor Code does not prohibit paying vacation pay earlier, but later or after vacation - ! (part 9).

Memo to employees about vacations and their payment

Often employees ask the same type of questions about vacation and vacation pay. The memo provides ready-made answers for eight situations that arise for employees during the vacation period.

Note : View memo...(.pdf 141Kb)

to the menu

Leave in advance

An employee, at the discretion of the employer, can be granted the first annual leave even before he has worked for six months (Article 122, part 2). This is the organization's right, not its duty.

For some employees (at their request), the organization is obliged to provide leave in advance:

• employees under the age of 18 (part 3 of article 122, article 267 of the Labor Code of the Russian Federation);
• women before or after maternity leave (part 3 of article 122 of the Labor Code of the Russian Federation);
• employees who have adopted children under the age of three months (part 3 of article 122 of the Labor Code of the Russian Federation);
• husbands while their wives are on maternity leave (Article 123 of the Labor Code of the Russian Federation);
• veterans (Articles 14-19 of the Law of January 12, 1995 No. 5-FZ);
• Chernobyl victims (clause 5, article 14 of the Law of May 15, 1991 No. 1244-1);
• military wives (clause 11, article 11 of the Law of May 27, 1998 No. 76-FZ).

to the menu

Is it possible to provide additional leave in advance to the "northerners"

Employees who work in the regions of the Far North (areas equated to them) are annually entitled to the following holidays: the main paid one - 28 calendar days and the additional paid one - 24 calendar days (the region of the Far North), or 16 calendar days (equal to the Far North).

Such leave can be granted, choose one of two options:

1. In the first year of work, give days of additional admission only after six months after employment. And in the second and subsequent years - from the first day.
2. Provide additional allowance from the beginning of the second year of work, combining it with the main annual paid one. In this case, vacation is given for two years. But only for the current and last year work. That is, advance vacation will be only for the current year.

If there are no other grounds for granting additional allowances, then the total duration of the annual paid leave for northern employees is 52 (44) calendar days. This right is provided for in part 1 of the Labor Code of the Russian Federation.

In any case, a person can go on paid vacation every year. Even if he decided not to combine rest days in two years. This procedure follows from the provisions of Article 322 of the Labor Code of the Russian Federation.

to the menu

When do part-time workers go on vacation?

The procedure for granting leave to part-time employees is provided for in the Labor Code of the Russian Federation. annual leave must be granted simultaneously with leave at the main place of work. Moreover, if the employee works part-time for the first year, it is not necessary for him to wait for the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.

From a part-time job, you can require documents confirming the fact of leave from the main job. This may be, for example, a copy of the leave order.

The duration of annual leave at the main place of work and part-time may not coincide. If the vacation at part-time work is shorter, the employee can compensate for the missing part of the days by taking a vacation at his own expense at part-time work.

Is it necessary to provide another paid leave to an employee - an external part-time worker, if she is on maternity leave at her main place of work, and she did not take such a leave in combination?

Such leave cannot be issued, because part-time workers have the right to take annual paid leave strictly at the same time as at their main place of work. In this case, a copy of the order or a certificate of granting the main paid leave will be required from the main place of work.

In the meantime, at the main place, the part-time worker is on maternity leave, she is not entitled to annual leave, because. The Labor Code of the Russian Federation does not provide for the use of two or more holidays at the same time. Therefore, an employer who employs a woman part-time is not obliged to provide her with annual paid leave.

to the menu

Leave for parents of children with disabilities

One of the parents (guardian, custodian, foster parent) who is raising a disabled child under the age of 18 shall be granted annual paid leave at his request at a convenient time for him. This rule is enshrined in the Labor Code of the Russian Federation.

Also, an employee with a disabled child under the age of 18 is entitled to four additional days off per calendar month ().

Employees with many children will be able to go on vacation whenever they want, at a convenient time

On 10/22/2018, a new one appeared in the Labor Code, which states that employees with three or more children under the age of 12 are granted annual paid leave at their request at a convenient time for them.

This means that the employer will not be able, on his own initiative, to adjust the “vacation” dates chosen by the worker with many children.

Does this mean that a worker with many children can receive leave, for example, already a month after being hired?

Source: Letter of the Ministry of Labor of November 20, 2018 No. 14-2 / ​​OOG-9211

Maybe, but only in agreement with the employer. The Labor Code does not contain any special clauses regarding the procedure for granting the first leave to employees with many children. And as a general rule, the right to use leave for the first year of work arises from the employee after six months of his continuous work with this employer. Until the end of this six-month period, paid leave can be granted to an employee only by agreement of the parties (i.e. by special agreement between the employee and the employer).

to the menu

Time included in the length of service for going on vacation

The length of service giving the right to the main paid leave, according to includes:

• actual work time;
• the time when the employee did not actually work, but in accordance with the law, the place of work was kept for him (illness, annual paid leave, holidays, medical examination, maternity leave, etc.);
• time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;
• the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;
• the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days in a working year;
• other periods of time provided for by the labor (collective) agreement or local act of the organization.

to the menu

Time excluded from seniority for vacation, leave without pay

The length of service giving the right to the main leave does not include:

• the time the employee was absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
• the time of parental leave until the child reaches the age of three;
• time exceeding 14 calendar days in a working year.

Vacation at own expense: should it be included in the length of service giving the right to paid vacation?

An employee of the organization plans to take an annual paid vacation. At the same time, during the working year, he was on vacation without pay for 17 days. How to determine the length of service that gives the right to annual paid leave? How is the line "Work period" of the order in the form No. T-6 filled in? The answers to these questions are contained in the letter of the Ministry of Labor of Russia dated November 23, 2018 No. 14-2 / ​​V-933.

The length of service giving the right to annual paid leave is calculated in accordance with. Part 1 of this article says: the length of service giving the right to annual basic paid leave includes, among other things, the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year. (Recall that the working year is calculated not from January 1, but from the day the employee enters work for a specific employer on the basis of an employment contract).

If the employee's total duration of unpaid leave during the working year was more than 14 calendar days (for example, 17 calendar days), then when calculating the length of service giving the right to annual paid leave, calendar days starting from the 15th day are not taken into account vacation taken at your own expense. That is, the end of the working year is postponed by the number of days the employee is absent, excluded from the work experience that gives the right to leave.

In the order on granting leave (form No. T-6), in the line "period of work" the working year for which the leave is granted is indicated.

to the menu

An example of calculating the length of service giving the right to annual paid leave

Manager V.N. Ivanova joined the organization on May 6, 2017. From June 1 to June 30, 2017 (30 calendar days), an employee was provided with a salary based on her application.

Of the 30 calendar days of leave at their own expense, only 14 days in the working year are included in the length of service, giving the right to annual paid leave. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the length of service giving the right to leave.

Thus, Ivanova will have the right to the first annual leave after six months of continuous work in the organization, that is, from November 6, 2017 (regardless of the duration of the available leave at her own expense). And the right to a second annual leave is not from May 6, 2018, but after a year and 16 days, that is, from May 22, 2018.

to the menu

How to calculate the length of service for annual leave if the employee was transferred from another organization

The seniority is considered in the general order. because accumulated experience when transferring an employee from one organization to another, it is not saved. That is, the right to leave will arise for the employee only after he has worked in new organization six months.

This is because when translating labor contract is terminated with the previous organization, and a new contract is concluded with the employee at the new place of work (). The employee will have the right to leave only after six months of his work in the organization providing the leave (part 2 of article 122 of the Labor Code of the Russian Federation).

to the menu

How to calculate the length of service giving the right to annual leave if the organization is reorganized

After the reorganization, employees continue to work in the organization. Therefore, it is not required to renew employment contracts with them (part 5 of article 75 of the Labor Code of the Russian Federation). Thus, the seniority that gives employees the right to annual paid leave is not interrupted. After all, it must be calculated based on the duration of the employee’s work in the organization with which he concluded an employment contract (part 2 of article 122 of the Labor Code of the Russian Federation).

to the menu

When to grant additional leave

Provide additional leave to the employee along with the main one (clause 14 of the Rules approved by the NCT of the USSR on April 30, 1930 No. 169, article 423 of the Labor Code of the Russian Federation). When calculating the total duration of annual leave, the main and additional holidays are summed up (part 2 of article 120 of the Labor Code of the Russian Federation).

In the length of service giving the right to additional leave for work in harmful conditions, include only the time actually worked in such conditions (part 3 of article 121 of the Labor Code of the Russian Federation).

to the menu

Required minimum documents for registration of leave for an employee

To correctly arrange an employee's annual paid leave, you will need three documents:

• leave order;
• vacation pay note.

Can be applied as unified forms documents or self-developed. In the second case, it is important that all the necessary details are provided in such documents. Whatever form you use - standard or independently developed, the manager must approve it in the order. This procedure follows from part 4 of article 9 of the Law of December 6, 2011 No. 402-FZ, paragraph 4 of PBU 1/2008 and is confirmed by a letter from Rostrud of February 14, 2013 No. PG / 1487-6-1.

If you decide to use standard forms, here is a list of them:

• form No. T-7 - vacation schedule;
• form No. T-6 - an order to grant leave to one employee;
• form No. T-6a - an order to grant leave to several employees;
• form No. T-60 - a note-calculation for vacation pay.

In addition to the documents listed above, others may be required. For example, a notice or notice of leave for an employee, his application, and under certain circumstances, a certificate from a doctor about the health status of the future vacationer is also needed.

to the menu

Leave application

When an employee takes another vacation according to a schedule that indicates exact date the start of the vacation, he does not need to write an application for vacation.

If an employee wants to go on vacation outside the schedule or it does not indicate the exact start date of the vacation, then he must write an application in any form. Also, if a vacation is taken by a new employee who was hired after the approval of the schedule.

How many days prior to vacation should an employee apply? A specific period has not been set. In doing so, consider the procedure for paying vacation pay. Settlements with the employee should be made no later than three calendar days before the start of the vacation. Therefore, the vacationer must submit an application at least three calendar days before the start of the vacation.

It is better to ask all employees (including those who go on vacation according to the schedule) to write a vacation application. Because the schedule changes quite often. And when there are applications from employees on hand, it will be easier for the personnel and accounting department to control vacations, calculate and pay vacation pay in a timely manner.

to the menu

Vacation pay period

• if the employee was not paid vacation pay in a timely manner (no later than three days before the start of the vacation);
• if the employee was not warned in time (no later than two weeks before the start) about the start date of the vacation.

Annual leave, with the consent of the employee, can be transferred to the next working year if the absence of an employee at work adversely affects the activities of the organization (part 3). In this case, the employee must use the leave no later than 12 months after the end of the working year for which the leave is granted. That is, you can transfer the vacation only to the next working year.

to the menu

Is it possible to transfer or extend the unused part of the vacation, which coincided with the decree?

Yes, you can. Issue an order to postpone or extend annual leave. If an employee brought a sick leave certificate for pregnancy and childbirth and maternity leave, she cannot be refused. Moreover, it is necessary to provide maternity leave from the day that the employee indicated in the application. It does not matter if this period partially coincided with annual leave. This follows from the Labor Code of the Russian Federation.

Non-vacated days of annual leave can be added to maternity leave. An employee can use the days between maternity and childcare leave. The employee will write her wish in, on the basis of which issue an order.

Also, at the request of the employee, non-holiday days can be rescheduled for another period. According to the documents, everything is simple - a statement from an employee and an order to transfer.

Article 124 of the Labor Code of the Russian Federation allows you to postpone your vacation only because of illness. At the same time, a woman has the right to take annual leave before pregnancy and childbirth leave or immediately after it, or at the end of parental leave, regardless of work experience (Article 260 of the Labor Code of the Russian Federation

The penalty for not granting leave is

• for officials organization (manager) - from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
• for entrepreneurs - from 1000 to 5000 rubles. (repeated violation entails a fine in the amount of 10,000 to 20,000 rubles);
• for an organization - from 30,000 to 50,000 rubles. (repeated violation entails a fine in the amount of 50,000 to 70,000 rubles).

Labor inspectors can learn about the offense during an inspection or from an employee's complaint.

Liability for late payment of vacation pay

Late payment of vacation pay is subject to administrative fines. For the first violation:

• for an official (for example, the head of an organization) - from 10,000 to 20,000 rubles;
• for an entrepreneur - from 1000 to 5000 rubles;
• for an organization - from 30,000 to 50,000 rubles.

In addition, criminal (Article 145.1 of the Criminal Code of the Russian Federation), disciplinary responsibility (), as well as material liability is provided for officials.

The liability of the employer in the form of delayed vacation pay is established by Article 236 of the Labor Code of the Russian Federation. The specified compensation must be paid to employees, even if the delay in vacation pay occurred due to reasons beyond the control of the employer. The amount of compensation for the delay in the payment of vacation sheets (Article 136 of the Labor Code of the Russian Federation).

In addition, an employee who was not paid vacation pay in a timely manner may demand that the annual leave be postponed to another time (part 2 of article 124 of the Labor Code of the Russian Federation, clause 2 of the ruling of the Constitutional Court of the Russian Federation dated June 23, 2005 No. 230-O).

to the menu

Loading...