All employees working under an employment agreement (contract) are granted the right to long rest, called vacation, by the legislation of the Russian Federation.
Vacations are:
- annual;
- additional;
- for pregnancy and childbirth;
- educational;
- without maintaining the average salary.
The nuances of provision will be discussed below.
Duration
In 2019, the minimum amount of annual paid leave is 28 calendar days. Certain categories of workers (teachers, doctors, police officers, etc.) are granted extended leave.
The law on vacations also provides d Additional holidays according to Labor Code:
- for work with the VUS – 7 days;
- irregular schedule – 3 days;
- for a special character - determined by Decrees of the Government of the Russian Federation.
The new law on vacations in 2019 affected civil and government employees; amendments were made by the Federal Law “On Amendments to Art. 45 and 46 Federal Law “On the State Civil Service of the Russian Federation. Now the vacation of these workers has been reduced to 30 days, regardless of position. Previously it was 35 days.
The calculation of additional days for long service leave has also changed:
- from 1 to 5 years – 1 day of vacation;
- from 5 to 10 – 5 days;
- from 10 to 15 – 7 days;
- over 15 – 10 days.
Previously, the rule was 1 year – 1 day.
Additional leave for employees who are not on regular schedule is a minimum of 3 days, and the maximum is determined personally by the employer.
Submission procedure
An employee receives the right to annual leave after six months of work from the date of official employment.
Not all employers and employees know that you can go on annual paid leave after working for six months rather than a year (Letter of Rostrud dated December 24, 2007 N 5277-6-1).
It is also possible to provide leave before this time expires.
The right is enjoyed by:
- women, before or after maternity leave;
- parents who adopted a child under three months of age;
- workers who are under 18 years of age.
Thanks to the law on vacations in the Russian Federation in 2019, employees go on vacation according to the vacation schedule approved by the head of the institution in agreement with the chairman of the primary trade union organization. (The schedule is approved 2 weeks before the start of the calendar year).
For failure to comply with the schedule, the employer risks incurring an administrative fine in the amount of RUB 50,0000. in favor of the state. The schedule is drawn up based on the personal statements of employees.
Regardless of your schedule, you can go on vacation at any time:
- minors;
- women before or after maternity leave;
- for women immediately after the end of maternity leave;
- other categories established by law.
Of course, transfers of vacation at the employee’s initiative are possible, but only with his personal statement (“family circumstances” cannot serve as grounds for transfer). It is possible for an employer to call an employee back from vacation, but only if the latter wishes.
There are employees who are prohibited from being called back from vacation.
Such employees include:
- minors;
- those on so-called maternity leave;
- those on parental leave;
- whose professional activity is associated with dangerous and (or) harmful working conditions.
Leave is provided to each employee annually. It is prohibited not to provide vacation for several years in a row. It is possible to provide a maximum of two years of leave at once, in total.
The law allows vacation to be divided into several parts, but one of its parts should not be less than 14 days.
Leave without saving average wages
Labor legislation specifies categories of workers who qualify for so-called leave without pay.
The law also stipulates the period for which an employee can go on such leave.
- up to 35 calendar days a year – provided to WWII participants;
- up to 14 calendar days - for old-age pensioners and parents and wives (husbands) who died or became ill while performing their combat duty;
- up to 60 calendar days – for disabled people of all groups;
- up to 5 calendar days - upon registration of marriage, birth of children, death of relatives.
The list is not exhaustive; it can be increased in accordance with other legal regulations of the state and the collective agreement of the institution.
Employees who combine work and study have the same right. For entrance tests, preliminary hearings, intermediate and final certification. A prerequisite for the exercise of such a right is that the educational institution has state accreditation.
Leave without pay is issued by order of the manager. Vacation may be terminated at the initiative of the employee. The parties also have the right to agree on the completion of vacation, which is carried out during non-working hours.
Video: Employee rights
Conditions for calculating material compensation and assistance
Cash compensation for unused vacation is applied upon dismissal. The Labor Code gives the right to compensation for part of the vacation exceeding the minimum amount of vacation.
When summing up vacations or transferring vacations to another working year, compensation can replace parts of vacation exceeding 28 calendar days. Replacing part of the vacation is not the obligation of the parties to the employment contract, but only an obligation, therefore the employer has the right to refuse.
Upon termination of the employment relationship with the employer, the employee receives compensation for vacation not taken; the amount is equal to vacation pay. You don’t have to take compensation, but then you’ll have to take a vacation first.
A one-time payment when an employee goes on vacation is a fairly popular incentive for employees. One-time payments can be incentive and social. The first is an incentive to take vacation, and the second is aimed at solving any problems of employees.
Incentive payments of up to 4,000 rubles are not taxed, but insurance premiums are charged on them. Over 4,000 rubles, the amount exceeding 4,000 rubles is taxed.
A one-time payment for vacation must be specified in the local regulations of the institution. But the absence of this provision does not make it impossible to provide such assistance. If budget funds are available, the payment has the right to exist. As a general rule, you can receive such help after working in an organization for at least six months.
The amount of payments is also determined by local acts of the institution and the employment contract with a specific employee. As a rule, the amount of payment for budgetary organizations ranges from 1 to 3 salaries. And for state and municipal employees - 2 salaries.
Financial assistance and compensation can be obtained by submitting an appropriate application to the manager.
The latter may, in turn, refuse in the following cases:
- if such a provision is not specified in local acts;
- if after the vacation the employee plans to quit;
- if the employee has not worked for six months;
- if the employee is granted maternity leave.
In other cases, the employer violates labor law standards.
In budgetary institutions, the right to such payments is provided, but in institutions financed from the local budget, the amount depends on the profitability of this budget.
Regulations on assistance to Russian Railways employees in the Russian Federation
In 2019, the management of JSC Russian Railways issued an order based on which employees going on annual leave can receive financial assistance.
The right to this assistance arises for employees who have worked in the directorate for 11 months. The amount of assistance depends on the employee’s salary, as a percentage. The specific size is established by local regulations of the company's branches.
If the vacation is divided into shares, financial assistance is paid in one of the vacation shares, at the request of the employee.
If the employee is subject to disciplinary punishment, the amount of assistance may be reduced, but with the consent of the chairman of the primary trade union organization.
Provisions in the law on maternity leave in 2019
In fact, the provisions on maternity leave have not changed. But the new holiday law in 2019 established upper limits on payments.
Terms for granting maternity leave:
- 140 days under normal conditions (70 each before and after birth);
- 156 days for complications;
- 194 days if 2 or more children are born.
Maternity payments are calculated on the basis of the following calculation: income for the last two years is divided by the number of days actually worked and multiplied by the number of vacation days provided.
MMaximum maternity benefits payments:
- 248,144 rubles for one hundred and forty days;
- 276,526 rubles for 156 days;
- 343,884 rubles for 194 days.
Maternity benefits for mothers who are individual entrepreneurs depend on the amounts paid to the social insurance fund. And full-time students receive a scholarship.
Conclusion
Currently in the State Duma there are bills on compensation by employers for the expenses of their employees on vacation at resorts in the Russian Federation and on replacing parts of the vacation of state and civil servants with monetary compensation. But for now these are only projects and it is not known whether they will become law. Therefore, it makes no sense to talk about them yet.
To date, labor legislation has not undergone any significant changes for a larger number of workers, regarding vacations. The employee can safely go on vacation this year.
Unfortunately, employers very often violate labor laws, especially regarding the provision and payment of vacation. If the rights of an employee are violated, you must contact the labor department.
In order not to create problems for themselves in the future, the parties must comply with the civil and labor laws of the country.
Moreover, such a period is considered minimal, so a vacation period less than the specified amount is not provided. But there may be more than what is established in Article 115. The employer can increase the amount of legal rest at his own discretion, and this can be done to an unlimited extent. But such unauthorized increases in vacation periods are rarely practiced.
But there are special categories of employees who, according to their 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 particularly difficult working conditions.
Suitable for all working people. Every year, an employee has the right to rest for as many days as prescribed in the employment contract. But the contract itself is drawn up taking into account legal norms and cannot contradict labor standards. In accordance with this, each category of employees has its own vacation periods.
Each employee is provided with a basic leave of 28 days. This amount is stipulated by 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 claim rest only after six months. Moreover, after six months, he can immediately claim the entire segment allotted to him by law. There are special categories that are entitled to vacation not after six months of work, but even earlier. This list includes women who are expecting a child, minor employees, as well as those who adopted a baby before the age of three months. Part-time workers can also take leave earlier, provided that their main place of work has a suitable period for rest. In the second year of work and all subsequent years, the duration of the vacation period is not standardized by law. In fact, you can choose it completely even at the beginning of the working year. The main thing is that the time has been 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 postpone previously established periods and take several days off-hours as vacation. The schedule itself, postponements of vacation, as well as the registration of days on account of vacation, are taken only with the agreement of the management of the organization and its approval.
Cases of increasing the duration of leave
The number of vacation days does not increase in proportion to the number of years worked. But this does not mean that you cannot count on a longer rest. There are categories that are entitled to additional leave.
Additional vacation periods are divided into:
- paid;
- unpaid.
It is not compensated by the employer, but this period is not deducted from the total number of working days when calculating the average wage for calculating vacation compensation.
But we are more interested in paid additional rest, because this time can not only be taken off, but also, if desired, while 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 also groups of people who can count on this privilege on an official basis. The same article 116 provides a list of working persons who must be provided with additional annual paid rest time.
The following may count on additional vacation days:
- People employed in jobs that are classified as hazardous or hazardous.
- Employees who have a note in the employment agreement about the irregularity of their work or the special nature of the duties performed.
- To all workers and areas equivalent to them.
Each of these categories is provided with an individual duration of additional calendar days of vacation. Some employees may combine several positions in their profession at once, in which case all additional vacation periods prescribed by law per year are summed up.
Irregular working hours
The employer decides how many vacation days are due per year to employees who have . It all depends on the specifics of the job and how often a person is involved in work outside of working hours.
According to the law, not only those professions that involve a traveling nature of work or work outside a specific organized place are considered irregular. If a worker has a stable place where he performs his job duties with an agreed standard schedule, but due to the nature of his profession he can be involved in solving some problems outside of normal work hours, then such work is also considered irregular.
The Decree of the Government of the Russian Federation No. 884 of 2002 stipulates the list of employees who can count on additional rest due to their irregular work hours.
It includes:
- Leaders.
- Deputy management staff.
- Engineers, technologists and other technical staff.
- Housekeeping staff.
This is a very approximate list and does not reflect all possible variations. When making a decision on issuance, one should focus on the fact that employees of a particular profession are involved in work duties during non-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 period, but there is a minimum barrier below which it is prohibited to set it; it is established in Article 119 of the Labor Code of the Russian Federation. For non-standardization, at least three calendar days are provided. Please note that we are not talking about working days. Like other vacation periods, additional rest is calculated in calendar equivalent.
Working with hazardous working conditions
Everything is provided based 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 its local regulations. The collective agreement provides a complete list of professions in the organization, indicating how long the vacation lasts for a particular category. A collective agreement allows general information taken from the Labor Code to be specified, indicating only those points that directly concern a given company. When concluding an agreement with a new employee, the individual working conditions that will apply to this person are also entered into the employment document.
In the case of harmful and/or dangerous working conditions, the vacation period is not assigned at the request of the employer, but if there is justification. Such justification can be the certification of the workplace. For this purpose, a commission is pre-appointed, which takes measures to assess the existing conditions. A certain gradation has been established that allows you to determine the degree of danger and harmfulness. In accordance with it, additional rest is prescribed, that is, the higher the harmfulness, the longer the vacation time. Those jobs that are awarded grades 2, 3 and 4 are considered dangerous.
Establishes that the permitted minimum barrier to additional rest is seven days. Additional rest of less than 7 days cannot be assigned to those employees who work in places with danger level 2. If the degree is higher, then the period is increased. The truth is that the code does not say about the proportionality of the increase; this point remains at the discretion of the organization’s management. The established degree of danger is not final and unchangeable. If the employer regularly takes measures to improve working conditions, then the harmfulness should decrease. According to the decrease in the degree of harm, additional rest may also decrease.
Work in the Far North
Work in the Far North is rightfully considered more difficult. The weather conditions are to blame; in addition, 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 an increasing factor, but in addition to this, they all receive additional rest, which must be paid for by the employer.
Article 321 of the Labor Code of the Russian Federation talks about the amount of rest that is provided to all people working in difficult weather conditions.
Unlike the previously announced categories, there is no freedom for the employer here, because the deadlines are specified specifically, without minimal barriers.
Additional time to recuperate is given to:
- All workers in the Far North for a period of 24 calendar days.
- People who work in areas equated to the Far North receive an additional 16 days a year.
- Other areas in which there is an additional salary coefficient receive 8 days of additional paid vacation time.
If you need to find out how many days a part-time worker can take, then you need to focus on the general norms. Rest for part-time workers lasts as long as for main workers.
For northern workers or other categories of workers, a single rule applies. Rest can be summed up and selected at the same time, or it can be divided into parts and taken in stages. A separate amount of rest can be taken towards the main or additional vacation period.
Right to extended main leave
Let us give examples of such categories, and also clarify how many calendar days are added to them:
- Minor employees are entitled to 31 days, instead of 28. Let us remind you that those under 18 can also take the specified time earlier than they have worked their first six months.
- the period of the main period is increased to 30 days. The degree of disability does not matter.
- Teachers, depending on their classification, rest for 42 or 56 days.
- Doctors of Science are entitled to 48 days.
- Candidates of Science - 36. Both of these categories can count on the provision of this time while working in government organizations.
- If the work is related to the production, testing or testing of chemical weapons, then 49 or 56 days of rest are required.
Current legislation guarantees all workers an annual long leave. In addition to the fact that it is paid for by the employer, when using it, employees retain their jobs, salaries and other working conditions. The procedure for granting, registering, and paying for vacations is regulated by the Labor Code of the Russian Federation.
For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they apply to both ordinary employees and certain categories of personnel.
The responsibility for complying with the procedure for granting vacations rests with employers. Therefore, it is important to know it and strictly adhere to it. Violations are subject to administrative liability and other types of penalties.
Labor Code norms
The rights of citizens to rest at a new job are protected by labor legislation. Article 122 establishes that the first paid vacation period is due to an employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month. In accordance with Art. 115 the total duration of rest is 28 days.
With the approval of the employer, the first leave can be granted before six months of work.
- citizens under the age of 18;
- employees who are expecting the birth of a child;
- employees who adopted children under 3 months of age;
- other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).
Attention! Designated categories of employees are given leave based on personal applications indicating and officially confirming their rights to early leave. The employer does not have the right to refuse, even in the event of an urgent production need for them.
Some employers are inclined to take partial vacation after six months of work. However, such a position is misleading.
Having worked for a new employer for 6 months, the specialist receives full rights to all types of rest provided for:
- main annual;
- additional;
- extended, etc.
Russian legislation allows vacations to be given in advance in the first working year. If an employee is dismissed before the time worked, for which rest has already been provided, the paid vacation pay is allowed to be withheld (Article 137 of the Labor Code of the Russian Federation). The calculation is made according to the rule of Article 138 of the Labor Code, which sets the maximum withholding of earnings at 20%.
It is important to know! An exceptional case for calculating the duration of the first vacation period is additional leave, which is provided when working in harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation).
To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year.
What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in this situation. The vacation schedule is not adjusted retroactively. Upon written application of a new employee, he is granted the first leave at the time prescribed by law, unless other agreements are determined by the parties to the employment relationship.
Attention! The Labor Code does not prohibit adjustments to the main vacation schedule during the year. For this, the HR department prepares an additional schedule, agreed upon with employees, the organization’s trade union and approved by the manager in the usual manner.
Registration of the vacation period in the first year of employment is no different from other years.
The order is as follows:
- An employee writing a statement.
- Approval of the application by the manager and issuance of an order (Form T-6).
- Calculation of vacation pay with entering information in and.
Vacation pay is calculated based on average earnings for the previous year. In the case of a new employee who has not worked for 12 months, the calculation takes into account the salary for the time actually worked from the beginning of his work until the month in which the application was submitted. In the same way, average earnings are calculated and the billing period is determined.
When is the first vacation due after getting a job?
At a new place of work, vacation is due from the first year (Part 1 of Article 122 of the Labor Code of the Russian Federation). Every subordinate, regardless of the duration of cooperation with the employer, has the right to receive vacation days annually. Consequently, employees have every legal basis to demand leave in a new organization in the first year of their work.
All employees working under employment contracts have the right to leave. The rest conditions of employees working on the site are determined by the parties independently. Such agreements include contract agreements, provision of paid services and some others.
Vacation is a continuous period of rest for an employee lasting several days with the vacationer retaining a job at the enterprise, salary and other working conditions.
As a general rule, the first vacation after getting a job is due after 6 months of work with a new employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). The legislation does not specify the specific moment of its provision. Therefore, you can claim the right to leave immediately after six months of work or later, at a convenient time before the end of the calendar year.
If annual paid leave was not used, the employer must compensate it financially. Despite the fact that the procedure for providing rest to employees is regulated by law, it would not be amiss to reflect it in the employment agreement. All employers are required to give employees vacation after six months of work. They cannot refuse this.
Is it possible to leave early?
The Labor Code determines that the employer has the right to give leave earlier than the established period (Part 2 of Article 122). He makes this decision on his own. There are no legal grounds for an ordinary employee who has not worked for six months to quit. The exception is the categories of personnel named in Part 3 of Art. 122.
A new employee has the right to early leave, for example, if he:
- has not reached the age of majority;
- adopted an infant child (not older than 3 months);
- is a pregnant woman (before or immediately after a vacation related to this event).
There are other exceptional cases defined by federal legislation.
Rest order
The frequency of vacation periods at the enterprise is established by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for six months, vacations are planned for the next year or changes are made to the current schedule.
As a general rule, every employee has the full right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period required by law may be divided into parts, one of which should not be less than 14 days.
Duration
The duration of the first vacation at a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, subject to working for 6 months. Moreover, this period of work must be continuous.
It is important to understand that it is not necessary to go on vacation after six months. Allowing a new employee to take annual vacation is an employer’s right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.
The employee must exercise his right to basic paid leave within a year. The employer is obliged to control this. By law, if the reporting period ends, he must send on vacation an employee who has not yet gone on vacation. Employers are responsible for unused vacations.
The employee, in turn, can refuse leave and ask for its replacement with monetary compensation. This issue is resolved by agreement of the parties to the labor relationship. The subordinate has the opportunity to use this right only once every two years. It is prohibited to refuse the main vacation for two, three or more years in a row.
As a general rule, the total duration of the annual vacation period is 28 calendar days.
- working under hazardous or difficult conditions;
- employees of kindergartens, institutions of basic, secondary special and higher education;
- minor workers;
- workers working irregular days.
There may be other cases of providing additional days, provided for by federal laws or local regulations.
The employer gives his consent to the employee going on vacation if he has a replacement with another specialist or can do without him temporarily. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. greater volume than he actually earned. Previously, such a possibility was out of the question.
Naturally, employers try to avoid such privileges, since the risk that the employee will not return after receiving payment in advance is very high.
To protect the employer, the law provides for the possibility of collecting debt from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage incurred.
Procedure for registration and payment in 2019
The official local document of the organization regulating the procedure for employees going on vacation is the vacation schedule. It helps ensure the efficient operation of the enterprise and prevents missed legal holidays. After all, the responsibility for monitoring the use of vacation days by staff rests with employers.
The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation). Therefore, in 2019, the last day for its signing is December 17. At an enterprise that has a trade union body, it is mandatory to take its opinion into account when drawing up the document. If it is necessary to transfer vacation days, the changes must be agreed upon with the employees affected by them.
Attention! The employer is required to give each employee summer leave at least once every four years.
If, at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be given compulsory rest after employment for the next calendar year.
If an employee has the right to use the first vacation before six months of work and has expressed a desire to take advantage of it, it is necessary to include his vacation in the general schedule.
Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days the vacationer needs. Payment is made after notifying the employee and before the first day of vacation. The enterprise issues an order containing information about the number of vacation days provided and their dates. The vacationer must familiarize himself with it and sign it.
If it is not possible for the employee to familiarize himself with the order in person, a special notification is sent to him.
The amount of vacation payments is calculated by the accounting department based on average earnings for the last year of work. The calculation may use the previous three working months. Earnings include not only the basic salary, but also all bonus payments, remunerations, and allowances.
The entire salary of the vacationer is divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.
Monetary compensation for unused annual leave is calculated in a similar way in the event of an employee’s refusal or dismissal. To receive compensation, you must submit an application.
The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance. It is prohibited to postpone payment to the next working day. For violation of these rules, the employer bears administrative liability.
If the employer violates the deadlines for paying vacation pay, the subordinate has the right to refuse vacation and take it at any other time at his discretion.
In addition to paying vacation pay, the company must make pension and tax contributions on it. To transfer them, the accounting department issues payment orders. By law, all amounts must be transferred to government agencies on the day vacation pay is paid.
The Labor Code provides: workers are officially allowed to take annual paid leave (if an employment contract has been signed with the company). Vacations are provided by employers on a mandatory basis, and not at will. Denial of a legal right is a gross violation of current legislation, for which the head of the company may be subject to a serious fine.
But at the same time, the employee must also know the general rules of how rest should be provided, since the legislation of the Russian Federation also strictly regulates these norms.
The new version of the law also provides that there are exceptions to the general rule. A pregnant woman also has the right to take another maternity leave before her maternity leave. At the same time, it can be taken in full and for this it is not necessary to work out the previously prescribed 6 months. That is, a woman has the right to annual rest even on the first day after officially registering at work. But if in the future the required period of time is not worked out, then it will also be possible to deduct overpayments from her according to the general rule.
Registration procedure
When applying for annual leave, the following algorithm can be distinguished, which provides for this procedure:
- Writing an application. This must be done at least 14 days before the expected start date of the holiday. For some categories, this can be done on any day, even on the first day of rest.
- Issuance of an order. The order must be issued before the start of the vacation period itself.
- Recording all information in the report card.
- Payment of vacation benefits.
It is interesting that if an employee refuses to write a vacation application, the employer can independently issue an order to provide rest, which was previously provided for in the vacation schedule. Such actions by the manager cannot be considered a violation, since the employee initially signed the corresponding schedule, that is, he agreed with such conditions.
Rules for writing an application
An application for regular leave has a standard template. It does not have any strict form and can therefore be written freely. The main thing is that the sample leave application first of all contains the main points, without which the application for annual leave cannot be accepted for consideration and registered by the personnel department.
The law stipulates that an application for leave must contain the following points:
- name of the organization, indication of whose name the appeal is being written;
- the wording “I ask you to provide me with another paid leave”;
- the period for which you are asking for a vacation (you need to indicate not only the start and end dates, but also the number in days);
- You can give additional reasons or reservations that require the provision of rest for this particular period (for example, that you can take additional rest before giving birth). But at the same time, if the Labor Code of the Russian Federation provides for a vacation for a longer period, then the law provides for the right to simply clarify the time frame, and not indicate additional reasons for this;
- date, signature.
An application for annual paid leave is usually written manually. In some organizations, it is enough to simply indicate your basic data on the form, a sample application for annual paid leave.
After the application for annual paid leave is signed, it is necessary to issue a corresponding order. A sample order for annual paid leave can be printed on company letterhead. The law provides that the main points must be duplicated there, which includes a sample application for the next vacation.
The law also provides that a sample vacation order must include the grounds: which article of the Federal Law provides for the right to vacation. For example, Article 122 of the Labor Code of the Russian Federation fully defines the procedure for providing annual paid leave.
It is noteworthy that the law provides that there is no need to indicate additional grounds in the order if the employee is provided with rest for a longer period or the provision occurs on the same day when the application was submitted. All this information is available in the employee’s personal file and is reflected in other internal documents of the organization.
When can I go
Each vacation under the 2018 labor code had to be agreed upon 2 weeks before the end of 2017. In the correct form for this, the vacation schedule for the entire next year is approved.
It must be taken into account that for employees, the law allows the division of annual paid leave into parts. In this case, several periods of time will be provided for each employee when the employee will have the right to a well-deserved rest.
It is only important to take into account that vacation pay can only be received if the number of rest days is at least 14.
At the same time, if for some categories of workers additional rest is provided at the legislative level, then it is quite possible to add it to the main rest or take it separately. This is not reflected in any way in the application, or in the order, or in the vacation schedule.
Preferential categories of employees
The procedure for granting annual paid leave provides that some categories of citizens can go on vacation at any time, even if it was not previously included in the annual schedule. So, vacation in 2018 can be received immediately as soon as the corresponding application is submitted:
- single mothers;
- mothers of children under 3 years old;
- disabled people;
- mothers of disabled people;
- mothers of many children.
It is very important to understand who is entitled to vacation in the summer, since a regular queue is usually drawn up. In order not to infringe on someone else's rights, each year different employees can go on vacation during the warm season. But the next leave under the Labor Code for these categories of workers is always granted exactly when they want.
Is it necessary to take
For a very long time it was believed that it was the employee's responsibility to take annual leave. In fact, such strict regulations are not enshrined in any legal norm. The employee has every right not to take advantage of such a privilege. Then he not only receives wages for the time worked, but also monetary compensation for unused allotted rest.
This applies not only to the standard period of time, but also to additional vacations. The rule applies in full to all paid rest time that is due to this employee.
Employers often force people to take vacations according to a set schedule. In fact, the employee has the right to refuse this by receiving compensation. You can receive it at the end of the year or upon dismissal.
Entitled payments
When taking a vacation, an employee is usually paid assistance for health improvement, the average earnings for the entire vacation period. From these accruals, contributions are deducted in the standard manner for payment to all required funds.
It is precisely Article 114 of the Labor Code of the Russian Federation that provides for annual paid vacations while maintaining the standard average earnings of the employee’s specified workplace.
Vacation pay must be paid to the employee before the start of the rest period. If this cannot be done on time, then the deadline is the subsequent payment of wages, which follows the schedule. This date must be strictly specified in the employment agreement. 
Review from vacation
In some cases, due to operational needs, it may be necessary to recall an employee from leave or not provide it to him at the specified time. It should be noted right away that it is impossible to do this against the will of the employee. That is, there must be his written consent.
But it is also necessary to justify such actions. If there is an audit, you will need to provide confirmation of the actual fact of production necessity. Difficulty: some categories of workers (pregnant women) are not allowed even with consent. Sometimes this can cause serious problems, especially if the employee is in a management position and some important document is required to be signed.
Annual basic paid leave is mandatory for employees - this is the responsibility of the employer, the implementation of which is strictly controlled by the state. No one can deny such a right. But the procedure and procedure for its provision must be strictly regulated in accordance with all general norms of legislation. Not only the employer, but also the employee must comply with these rules. It is also necessary to know your rights in order to prevent their violation.
Vacation is an event that all employees look forward to. But in order to be able to defend your right to rest, it is necessary to study the legislative norms of 2018 concerning this issue. Read this article and get a lot of useful information.
Vacation is an annual human right to rest established by Russian legislation. Due to frequent violations of the rights of company employees and non-compliance with their duties by employers, problems arise with the correct calculation of the number of legal days and registration of vacations.
Russian Vacation Law 2018: how many days are provided
The annual main leave according to labor legislation in 2018 is provided for a period of 28 calendar days with payment of wages. Other categories of persons, the list of which is established by the relevant federal laws (police officers, prosecutors, etc.), are entitled to a longer period of time.
Additional holidays are provided to persons with an irregular schedule, dangerous working conditions, or a specific type of activity.
To whom and how many days of vacation are additionally intended according to the Labor Code (hereinafter referred to as the Labor Code) as amended?
- With an irregular schedule - according to labor law, from 3 days and above.
- Persons with hazardous work conditions (construction workers who work in the North, etc.) - at least 7 days (Article 116 of the Labor Code).
- For employees who perform work of a special nature, the period is regulated by regulations of the Government of the Russian Federation.
Another vacation under the Labor Code 2018
When calculating the period of rest, holidays are not taken into account.
How much work experience is taken into account under the new legislation:
- actual period of work;
- period of forced removal from work (without the employee’s fault);
- time off taken without pay.
How many days an enterprise is obliged to provide an employee as additional rest depends on the time worked in difficult and dangerous conditions.
What is the procedure for granting vacations according to the Labor Code of the Russian Federation 2018?
Leave is granted annually, in accordance with the established new legislation as amended in 2018. If a person has been employed in an organization for the first year, then leave can be taken six months from the date of registration or earlier, at the discretion of the manager.
- pregnant women before maternity leave in 2018 (new law);
- minors;
- persons who adopted 1-3 month old children.
In subsequent years, vacation is provided at any time according to the current federal vacation law. A strict schedule is approved by the management of the unit with the corresponding vacation regulations in mid-December of the current year until the beginning of the next. Thanks to this, an employee can find out in advance whether it is possible for him to go on vacation in the summer or at other times of the year.
Changes may be made to the schedule, and then the rest period 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 2018 can be divided into parts. The main period must be at least 14 calendar days. If the employer recalls the employee from vacation ahead of schedule, the remaining number of days, by law, does not expire, and the employee is given the right to take them off after some time.
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 vacation in 2018 (new Russian law 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, and minors (Article 126 of the Labor Code).
An employee of an organization who resigns from a permanent job has the right by law to receive compensation for the entire period of vacations not taken, or to refuse it and take 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 go outside the main period. Persons who do not fall into this category cannot take this type of leave.
Who is entitled to leave without pay?
For objective reasons, days off may be taken by:
- persons who belong to the category of WWII participants deserve leave of up to 35 days;
- pensioners who work - up to 14 days;
- close relatives of military personnel who died, were injured or temporarily fell ill - up to 14 days;
- disabled people who work - duration up to 60 days;
- employees who have children are planning to legalize their marriage - up to 5 days;
- cases provided for by 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 OJSC issued a decision that gives the company’s employees the right to receive financial assistance when going on another vacation.
Cash assistance is provided to those persons who have worked at JSC Russian Railways for 11 months. The correct amount of assistance to be provided to an employee is determined as a percentage of his salary.
A bill to replace part of the vacation with compensation
The Government of the Russian Federation has decided to submit a bill to replace part of the leave of civil servants with monetary compensation. According to the comments of deputies, this will not in any way affect the right of the privileged category of civil service employees to rest; it will only allow for the amendment and equalization of rights with employees in other fields of activity.
Thus, civil servants will be able to take a minimum vacation of 28 days, and receive compensation for the remaining days. This provision also provides for the establishment of a period (1 year) during which days off may be taken. If the transferred part of the vacation is not used immediately, the days will automatically expire.
Additional materials on the topic:
How to calculate maternity leave in 2018: online payment calculator and everything about maternity leave
Application for vacation and time off for the upcoming vacation: sample
Payments upon dismissal and reduction: calculation of compensation and severance pay
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