The employee is assigned an annual paid leave of duration. When you need to provide vacation for TC RF

Not so long ago, I, in the past - an employee of a commercial bank, decided to change the type of activity and got a job at a large manufacturing enterprise... After working in a new place for 6 months, I decided to ask the HR department how my vacation is considered and when I can arrange it.

No matter where and by whom you work, Labor Code, in addition to the right to work, also guarantees you the right to rest.

The main vacation is the time of rest, which is provided to all employed citizens without exception. If, after getting a job, you have drawn up an employment contract, thereby fixing the labor relationship with the employer, then be sure that you are entitled to the main vacation.

Basic vacation means not only the provision of rest days, but also payment for them. This means that while swimming in the sea or relaxing in the mountains, you will receive money from your employer (the so-called vacation pay). The employer pays vacation pay before the onset of the rest period, based on your application.

The amount of vacation pay is calculated according to the average earnings. This means that the payment for 1 day of rest is as close as possible to the salary for 1 working day.

Duration of the main vacation

The duration of the main annual leave is 28 calendar days... This time of rest is guaranteed by labor legislation, which means that the employer must provide and pay for it.

Now let's take a closer look at how 28 days of rest are counted and when they can be issued. To begin with, 28 days includes calendar days. This means that when you take out a vacation, you are using not only working days, but also “wasting” weekends that you don’t need to work anyway.

But on the other hand, for the vacation period that falls on weekends, the employer must pay you vacation pay, which is an indisputable advantage, because during a normal working week, payment is calculated only for days of work, excluding weekends.

Let's look at an example. An employee of Chance LLC Lubnov took a vacation for 14 calendar days - from 08/13/2019 to 08/26/2019. Lubnov's vacation period includes 10 weekdays (from 08/13/18 to 08/17/18 and from 08/20/18 to 08/24/18) and 4 days off (08/18/18 - 08/19/18, 08/25/18 - 08/26/18).

Average Lubnov's earnings in 1 dayis RUB 504.77

For each day of vacation (including weekends) Lubnov is paid vacation pay. The total amount of vacation pay is 7,066.78 rubles. (RUB 504.77 * 14 days).

Is it possible to take the main vacation in parts

When I worked at a bank, I was allowed to take leave in the following order:

• I had to take 14 calendar days of vacation entirely;
• the other 14 days I could divide and arrange as needed.

Having started to work in a manufacturing company, I decided to ask the personnel officer, how can I arrange a vacation at a new place? Can I share my vacation in any part of the year?

It turned out that the requirements for obtaining a vacation are the same everywhere, because in this case, all employers follow the rules established Art. 115 of the Labor Code of the Russian Federation with comments.

The requirement to issue 14 days of vacation entirely is not a whim of the company's management. Thus, labor legislation realizes the guarantee of the employee's right to rest, because it is understood that 2 weeks of vacation is quite enough for a good rest. This statement is true, and after a full rest, you can start your duties again with enthusiasm and zeal.

As for the rest of the vacation (14 days), they can be issued in any order, that is, divided into parts, taken in whole or one day at a time. That is, you can arrange the rest of the rest days as you please.

Let's look at an example. An employee of LLC Urozhai Dolgovsky in 2019 issued a basic vacation for 14 calendar days (from 08/13/2019 to 08/26/2019). Dolgovsky used the rest of his vacation as needed:

• 7 days - from 09/10/2019 to 09/16/2019;
• 5 days - from 10/15/2019 to 10/19/2019;
• 2 days - from 11/15/2019 to 11/16/2019.

Thus, in 2019, Dolgovsky used his entire main vacation - 28 days.

For each day of rest, Dolgovsky received payment in accordance with the established procedure.

When can I write a vacation application

Since I worked at the company for only 6 months, I asked the HR officer if I could take a vacation right now. After all, working in a bank, I received the right to rest only after six months of work.

Again, a human resources employee told me that, regardless of the place of work, the rules for applying for a vacation are the same. Only those employees who have worked for the company for 6 months can receive rest days.

But this does not mean at all that after six months of work you will be able to go on vacation for 28 days at once. Rest days are accrued for each month of work, and after 6 months of work, you have the right to issue exactly half of the annual leave, namely 14 days.

Let's consider an example ... 07/01/2019 Grigorievsky got a job at Kvant LLC. He will be able to arrange his first vacation in a new place no earlier than 01/01/2019. The period of such leave will be 14 days.

Another interesting point that I learned from the personnel officer is that in some companies you can get a vacation without waiting for the end of 6 working months. This is called an advance vacation and can be arranged in proportion to the hours worked. Indeed, for each month of work, you are charged 2.33 days of rest (we divide 28 days of rest by 12 months of the year), which, in agreement with your superiors, you can use even if the period of your work in a new place is less than six months.

Let's consider an example . 08/01/2019 Zubrovsky got a job at Newton JSC. Local regulations of "Newton" provide that an employee can issue a vacation in advance, in proportion to the time worked.

For 3 months of work (from August to October 2019), Zubrovsky was credited with 7 days of vacation (2.33 days * 3 months). On 11/01/2019, Zubrovsky wrote a vacation application from 11/05/2019 to 11/11/2019. The management of "Newton" signed an application for vacation, the personnel department issued an order, and the accounting department accrued vacation pay.

What to do with unused vacation at the end of the year

Until recently, I was convinced that the days of the main leave that were not used during the year cannot be used the next year. That is why, while working at the bank, I used my 28 vacation days completely every year.

After talking with the personnel officer at the new place of work, I found out that unused vacation days at the end of the year do not "burn out", but are transferred to the next year. That is, the vacation that I didn’t “take off” last year, I can a clear conscience use this year.

Another good news is that if you decide to quit before the time when you use your annual leave, the employer will pay you compensation for every day of unused rest on the day of dismissal.

The employer does not have the right to force you to go on vacation before dismissal, thus trying not to pay you compensation. If you have written a letter of resignation, and your bosses inform you that you can only quit if you “take off” the entire vacation, be sure that the employer's actions are illegal and you have every reason to complain to the labor inspectorate.

Vacation is the time during which the employee is free from work duties and which he can use at his own discretion. All employees have the right to leave, regardless of their place of work and organizational and legal form of organization.

Employees are provided annual leave with the preservation of the place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation).

Agreements between employees and employers to exclude leave from the employee's rest time, as well as to replace the vacation with monetary compensation are illegal.

The main annual paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws (employees under 18 years of age, disabled people, etc.).

Annual additional paid vacations are granted to employees employed in jobs with harmful and (or) hazardous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by the Labor Code of the Russian Federation and other federal laws (Art. 116 of the Labor Code of the Russian Federation).

Additional paid leave for seniority is granted to government civil servants. Its duration is calculated on the basis of one calendar day for each year of the civil service. At the same time, the total duration of the annual basic paid leave and additional leave for seniority for those holding higher and main positions of the civil service cannot exceed 45 calendar days, for those holding positions of the civil service of other groups - 40 calendar days 23.

Employees with irregular working hours are provided with an additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation).

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises for the employee after six months of his uninterrupted work with the given employer. By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

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

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

For certain categories of employees, in cases stipulated by the Labor Code of the Russian Federation and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.

Minors should be granted leave at a convenient time for them (Article 267 of the Labor Code of the Russian Federation). A woman, at her request, is granted annual paid leave before maternity leave or immediately after it, or at the end of parental leave (Article 260 of the Labor Code of the Russian Federation).

In accordance with Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in cases of: temporary disability of the employee (the time of caring for a sick child or other sick family member is not a basis for extending or postponing the vacation); fulfillment by the employee during the annual paid leave of public duties, if for this purpose the labor legislation provides for exemption from work; in other cases stipulated by labor legislation, local regulations.

When extending the vacation, the amount of wages paid to the employee during the vacation does not change, and payment for the days of temporary disability, the performance of state duties is made in accordance with the law.

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the consent of the employee, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited.

By agreement between the employee and the employer, the annual paid leave may be divided into parts. Moreover, at least one of the parts of this vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). The provision of each part of the leave is carried out in compliance with the general rules regarding the warning of the employee about the arrival of the vacation period and the payment of the average wage.

The recall of an employee from vacation is allowed only with his consent. The unused part of the vacation must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. Refusal to return to work upon recall from vacation cannot be considered as a violation of labor discipline (clause 37 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

In accordance with Art. 126 of the Labor Code of the Russian Federation, part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.

Consequently, in order to receive monetary compensation for vacation exceeding 28 calendar days, not only the employee's desire, but also the employer's consent is required.

The duration of the main annual paid leave is 28 days, which is enshrined in Art. 115 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation). However, the legislation defines situations when an extended or reduced leave may be granted.

How vacation is granted to employees

Fixed in art. 115 of the Labor Code of the Russian Federation 28 days is the minimum duration, less than which vacation is not given. As enshrined in Art. 122 of the Labor Code of the Russian Federation, vacation is provided every year. At the same time, the authority in question arises only after the employee has worked continuously for 6 months (earlier it is possible to go on vacation by agreement with the management).

Exceptions in accordance with Art. 122, 123 of the Labor Code of the Russian Federation, the following cases are recognized:

• when there is the consent of the employer;
• when the employee is under 18;
• when adopting a child who is not yet 3 months old;
• on the eve of or immediately after the maternity leave of the maternity worker - to herself and her spouse.

In the future, leave can be provided at any time. The employer is entitled to establish the sequence of employees' leave on leave in the manner specified in Art. 123 of the Labor Code of the Russian Federation. Out of turn leave may be issued in special cases stipulated by law. For example, if the employee's spouse has gone on maternity leave or after childbirth, he is entitled to go on vacation without following the established sequence.

At the same time, as enshrined in Art. 120 of the Labor Code of the Russian Federation, when vacation falls on weekends, including holidays, they are not included in the established limit. Thus, the duration of the annual paid leave is 28 days or more.

How much is the minimum duration of the main vacation

So how long is the annual basic paid leave? 28 days is the minimum vacation period. As Art. 125 of the Labor Code of the Russian Federation, due to different circumstances it is possible to divide the leave that is due for one year into several parts.

The number of parts and the duration of one part are not specified. However, in Art. 125 of the Labor Code of the Russian Federation states that at least one of them should not be less than 2 weeks. However, the rule in question is not considered an obstacle to terminating the vacation ahead of schedule.

If something like this happened, what, as part 2 of Art. 125 of the Labor Code of the Russian Federation requires personal consent from the employee, the remainder can be used later or it is added to the vacation in the future. That is, in such situations, the shortest vacation time for this particular employee in the next year can be much more than 28 days.

In addition, the surplus part counted on next year, cannot be replaced by money, since in Art. 126 of the Labor Code of the Russian Federation stipulates that such a replacement is allowed in relation to a part that exceeds a specified limit. Also, a certain number of days in the part of the vacation that exceeds the limit is replaced by money, even if some days were transferred due to the previous year.

Special procedure for granting leave

Extended leave is established in the following cases:

• Art. 267 of the Labor Code of the Russian Federation states that employees are provided with an annual basic paid leave of 31 days if they are minors;
• Art. 23 of the law "On social. protection of persons with disabilities ... "dated 24.11.1995 No. 181-FZ establishes that employees with any category of disability receive a 30-day leave;
• Art. 334 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of 01.10.2002 No. 724 stipulate that teachers receive 42, in some cases 56 days of vacation;
• Art. 46 of the law "On state. civil service ... "dated 27.07.2004 No. 79-FZ, art. 21 of the Law “On Munits. service ... "dated 02.03.2007 No. 25-FZ, art. 36 of the Law "On Service in Customs ..." dated 21.07.2997 No. 114-FZ determine that the relevant employees receive leave of 30 days, etc.

Some situations are enshrined in the legislation when the vacation can be shortened. As Art. 40 of the Criminal Executive Code of the Russian Federation, for a person who has been sentenced to correction. work, the main annual paid leave is 18 days. Going on vacation is agreed with the relevant inspectorate. If the legislation provides for the employee's right to other types of leave, they are given in general order.

What is the duration of vacation when employment is less than six months

Seasonal in accordance with Art. 293 of the Labor Code of the Russian Federation is considered work that, due to special conditions associated with the climate, can be performed for a limited period. As a rule, this period does not exceed 6 months. In exceptional cases, such work can take more than six months. The list of such works is determined by intersectoral agreements of the federal level.

As Art. 29 of the Labor Code of the Russian Federation, for those who work in the season, the duration of the main annual paid leave is 2 days per month of work. At the same time, the procedure for going on vacation is general.

In cases where agreements with employees are concluded for a period of less than 2 months, in accordance with Art. 291 of the Labor Code of the Russian Federation, the employee is given leave for 2 days per month of work, or given vacation replaced by compensation.

In accordance with clause 7.1 of the provisions, approved. By the decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR No. 794 / 33-82 dated December 31, 1987, those working on a watch are given leave in accordance with the general procedure. They are also entitled to receive inter-shift days off in accordance with Art. 301 of the Labor Code of the Russian Federation.

The number of days between shifts is determined by the work schedule, which is established by the employer, taking into account the opinion of the trade union of the enterprise. However, they are included in the total length of service for which the person is entitled to leave.

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Thus, the duration of the main annual paid leave depends on the nature of the work, the time of year in which the leave falls, as well as on the provisions of individual regulations governing the work of persons in specific areas defined natural conditions, as well as with the peculiarities of the work schedule.

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 can they take leave under the Labor Code? A similar right is guaranteed to employees in terms that depend on the duration labor activity on the last place work. Therefore, here is what an employer should know about this.

Rest classification

By general rule the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is this 28 calendar days or working days? The main annual paid vacation is considered in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing the vacation into parts

The employee does not have to use all 4 weeks of his vacation at one time. The leave can be divided by agreement between the employee and the employer. The division of the leave into parts according to the Labor Code of the Russian Federation must be made in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be as small as desired, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekends falling within the vacation period are taken into account when calculating its duration and are payable. Let us explain with an example. Manager Ivanov A.K. wrote a vacation application for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be granted a vacation of 7 days and all 7 days must be paid.

Unlike regular weekends, non-working days are not included in the duration of the vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for the vacation. Because June 12 is a public holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: number of days according to legislation and local act

The specified duration of the vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish a longer paid leave for his employees. The number of additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, the local regulatory act of the organization (for example, the internal labor regulations) or directly in employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and charge insurance premiums (clause 2 of article 226 of the Tax Code of the Russian Federation, clause 1 of article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who is entitled to apply for an extended main vacation and how many days of vacation should be provided to these persons is indicated in the table.

Additional vacation

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation in.

How many days is "northern" leave according to the law

How many days does northerners leave? Usually more than non-faithful workers. After all, the "northerners", firstly, are provided with the main annual paid leave - standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the regions of the Far North - 24 calendar days;
• in areas equated to the regions of the Far North - 16 calendar days;
• in the rest of the North, where the regional coefficient and percentage increase to wages, - 8 calendar days (Article 14 of the Law of the Russian Federation of 19.02.1993 No. 4520-1).

By the way, both regular annual paid vacations and extended ones, as well as additional “northern” vacations can be provided to employees in advance (Article 122 of the Labor Code of the Russian Federation).