When you can take the first vacation after the employment. Terms of granting the work on the Labor Code at the new job

In the article, we will tell you when the first vacation is on the new job in 2018, which documents will be required for its design.

Features of obtaining first vacation at the new place of work

The procedure for granting vacations, including in terms of the primary recreation, regulates the Labor Code of the Russian Federation, in particular:

Art. 122 (the procedure for granting the next annual leave with the preservation of payment).
Art. 115 (Term of the main paid leave).
Art. 123 (Priority Provision).
Art. 136 (order, deadlines, place of salary payments to employee).
Art. 137 (restrictions on holdings from earnings).
Art. 138 (allowed detection sizes from earnings).

Rest with salary salary for 28 days is provided every year to all employees in accordance with the formed vacation schedule. "Newcomers", worked in an organization for less than 6 months, rest is not laid. Only after 6 months of continuous operation at one employer, a new employee receives legal right to all types of vacations (regular, extended, additional, etc.).

In some situations, before the expiration of a six-month period of continuous operation, the employer may at its discretion and by prior agreement with the employee to provide him with rest. The described rules operate for citizens working under labor contracts. Those who work on the basis of civil agreements (contract contract, etc.), negotiate with the employer of the rest conditions on their own.

Benefiting for the first holidays in the new job place

Labor legislation determined the category of beneficiaries that the employer is obliged to provide the main vacation at their request, even if they did not finalize up to 6 months. In addition, some employees by law are eligible for additional days of rest.

Beneficiaries that are eligible for vacation before the expiration of 6 months of work

Employees eligible for additional holidays

minor workers (up to 18 years);

adoptives of a child who has no 3 months;

women who are going to go on maternity leave and after him;

other situations prescribed in federal laws (for example, spouses of servicemen are entitled to take leave at the same time and others)

Those who work in severe, dangerous conditions;

juvenile;

under non-normalized working days;

employees of preschool, primary, secondary special, higher education

Other situations of the provision of vacations, additional days of rest, including the expiration of 6 months of work, can be prescribed in local acts of organizations.

To take advantage of the opportunity to get an early rest, the holiday rental is obliged to provide the employer with a documentary confirmation of the right to benefit. Beneficiaries to refuse the employer is not entitled even because of the production necessity.

Registration of first vacation at the new work after 6 months of continuous work

The first holiday period at a new place of work is drawn up as well as leave of the next years.

Sequence of actions when making a first vacation at the new job	Explanations
The employee writes a statement	Writing form is free; the term of compilation and filing - 2 weeks before the start of rest
The statement signed by the head of the department is consistent with the employer	If the employer satisfies the recovery request, the agreed application is transferred to the personnel department for the subsequent stage of design
An order of coming rest is published on the basis of a coherent application.	The holiday officer introduces the order under the signature or send him a proper notice
Calculation and payment of vacation	Executes accounting according to order
Making information on the granted vacation period in the applicant's personal card and accounting table	The order of filling out these internal documents is the same for all employees and valid for holidays of all periods (first, second year of work, etc.)

The format of documents required for the design of the first vacation at the new job location

The main documents on the basis of which any rest is issued - the statement of the employee and the order of the employer. The application form should include:

initials, position of the employer;
initials, position of the holidaymaster;
a request to grant a vacation indicating the reason;
the number of days of vacation and the date of its start;
an indication of the attached documents confirming the cause of rest;
spelling date;
signature of the employee.

The order is published in the T-6 typical format or in accordance with the other form, which is used in the organization. Read also Article: → ". To display the vacation period in the operating time accounting table, the standard letter encoding is used:

From (regular with payment);
OZ (at his own expense by law);
Before (administrative without payment);
One (optional with payment);
DB (additional without payment);
P (for pregnancy and childbirth);
Coolant (child care under 3 years old);
Y (training with payment);
UD (training without payment).

Calculation and payment of first vacation at the new job

Accounting payments on the first vacation by the generally accepted procedure produces accounting. At first, the average daily earnings are determined, then its magnitude is multiplied by the number of days of rest. From the holidays, the pension contribution is calculated, NDFL.

If the vacationer has worked in an organization for less than a year, then the salary has been taken into account since the beginning of its work in this organization and up to the month, which precedes the leave. The calculation of monetary compensation is carried out in the same way when the worker refused to rest or dismissed.

Vacation at your own expense at the new job place

Such rest is provided for certain purposes and regardless of the duration of the continuous experience in one tenant. The place of work per vacationer is preserved, but the days of rest are not paid to him (Article 128).

Provide recreation at their own expense, employee can in other cases prescribed in the collective agreement, local acts of the organization or for the regulations of the current federal laws. So, the employer can provide an employee vacation at the time of the school session, to prepare for exams, etc., if it combines work with absentee training.

If the employee is learning on the program in an educational institution without state accreditation, then the employer has the right to refuse him. This moment is usually fixed in the employment contract.

Example 1. Providing holidays to a citizen adopted on a new place of work in order of translation

Zharkov N. D. Hired to work in LLC RITM to the post of office manager in the order of translation. A complete calculation was made to the employee for dismissal, compensation was paid for unused vacation (TC RF, Art. 127, Part 1, Art. 140, part 1). When translating the experience of the employee is not interrupted.

If the employee is dismissed in the order of translation, according to the law, unused rest days are not transferred from the previous employer to the new one. The issued payment of monetary compensation is either offered to use vacation, and then quit. Therefore, in a new place of work, the right to leave in Zharkov N. D. occurs after 6 months of continuous work (TK RF, Art. 122, paragraph 2). When agreeing with the new employer, the employee can take it an advance.

Answers to frequently asked questions

Question number 1. How many days of paid recreation can take an employee, worked out without interruptions in the organization put 6 months?

The Labor Code of the Russian Federation is not prohibited to provide a paid vacation for 14 days, in advance or entirely. But this is possible only with the consent from the employer.

Question number 2. If the employee gave a good to the paid vacation, will he be able to quit at wishes before that period of time for which he was given this holiday?

Yes. But from his salary, when dismissal, money will keep money for the unworthy days of vacation, but not more than 20% in accordance with the law (TK RF, Art. 137).

Question number 3. Do I need to make a vacation period of the employee who worked for less than six months?

Vacation schedule is formed at the end of the year. If the employee at that moment did not work for six months, his paid leave is necessarily planned, fixed in the chart, but after the rest. Only a month of rest is marked in the chart, the day of the holiday period is indicated in the order.

When can I go on vacation after employment in a new job place? He says that the first right of annual paid leave arises from a new employee after 6 months. And if you manage to negotiate with the employer, then you can go on vacation and without waiting for these 6 months.

It happens that the employee is not allowed on vacation in six months of work, referring to the production necessity and other reasons. This is not prohibited by law. However, he still has the full right to go to rest during the first year of his work activity.

Features of granting vacation in the first year of work

The usual employee employee, not related to the preferential category of workers, in 2019 has the full right to go on vacation after the first 6 months of work in a new place. But how many days of rest can he count on? Many people believe that the first vacation cannot exceed two weeks, that is, half of the standard vacation period.

In fact, the first vacation at the new job site is always provided in full, by 28 calendar days (). The worker can go on vacation and later, according to the approved vacation schedule, take only a part of the holiday (in coordination with the employer) or to receive monetary compensation instead.

However, to give up the holidays and take money in a row in a row instead of him, the law does not allow this.

If the employee succeeds in agree with the employer, he can even go on vacation without even after spending half a year. This concerns only work on the employment contract, do not confuse CO. In the case of working on a civil law agreement, the employee negotiates with the employer about the time and duration of his recreation on its own.

First vacation benefits

There are several categories of employees who, according to the law, can go on vacation without waiting until they work in an organization for 6 months. Most of them are described in Art. 122 TK RF.

These employees have the right to write a vacation departure in the first weeks of work in the organization:

workers who have not yet reached the age of 18;
women who soon should go on maternity leave, as well as women's spouses who are already on this vacation;
workers who adopted a newborn baby (under 3 months);
parents of children with disabilities, which have not yet been 18 years old, as well as their legal adopters or guardians;
other categories of employees who are eligible for early vacation in accordance with federal and regional legislation.

Employees working in severe or dangerous conditions, minor citizens, employees of educational institutions, as well as facial workers, and persons working out in conditions of non-standard working day have additional holidays.

For early commencement, preferential categories of employees provide reference employers and other documents confirming the availability. It is impossible to refuse them even in connection with a production or other necessity.

Additional vacation conditions can be spelled out in local regulations, but they cannot violate the requirements of the Labor Code and other state and regional laws.

Priority provision of vacations

So when the first vacation is put on the new work, everything is clear (after 6 months). But how to be with the order of vacation? On most enterprises every year, in mid-December, a special schedule of vacations is drawn up, where it is described who from employees and when will go on vacation in the next calendar year.

In the case, when a new employee is satisfied with the work, the vacation schedule has already been approved and it does not want to redo it to anyone. Although this is not prohibited by law. In this case, the date of commencement of the first vacation and its duration should be calculated individually. That is, to discuss this question not only with the employer, but also, perhaps with other employees. Usually, new employees in the first year of work have to be content with the time of vacation, which remains free, in accordance with the schedule.

Refusal of the employer in granting

Sometimes, after 6 months of work, when a new employee decided to go to his first paid vacation, the employer may refuse him, referring to the production need for the current workload of other employees or the lack of a decent replacement. And this will not be considered a violation of labor laws. After how many months, the employee has the full right to go on vacation, regardless of the arguments of the employer? Through the full calendar year of work.

Each employee has the right to go on vacation once a year, and the employer cannot hinder him. He cannot postpone leave, for example, next year. This is possible only with the written consent of the employee himself, if it is very necessary for the normal operation of the enterprise ().

However, in this case, vacation should still be used no later than 12 months after the work year, which it is provided.

It is forbidden not to go on vacation 2 years in a row, as well as to transfer leave for the next year by minor workers and workers engaged in harmful or dangerous production. But also an ordinary employee, if the employer literally makes him move his vacation for the next year, can always be complained of the State Labor Inspectorate.

How is the first vacation design?

The basis for the publication of an order to send an employee on vacation is his written statement written in free form. The application first signs the head of the department or other structural unit, and then the Director General. In small enterprises, the statement is often transmitted directly to the director (head of the company). If the employer signs this document, it is sent to the personnel department.

Based on the agreed application for the provision of vacation, the corresponding order of the T-6 or T-6A form (as well as the other form, which was adopted in the enterprise) is published. The applicant must be introduced to him for a painting or send him by mail notice of the publication of this order.

In general, the procedure for designing the first holiday of the employee (after 6 months of work) does not differ from the design of other vacations.

Vacation at your own expense during the first 6 months of work

In addition to the next paid vacation, a new employee of the company has the right to ask his tenant extraordinary leave without salary salary. In this case, it does not matter how many times the person managed to work in the company. If there is such an opportunity, the employer sends an employee on vacation while maintaining the place behind it, but the cost estimate does not occur.

Vacation without salary salary is always discussed with the employer individually. It is usually provided on family circumstances, but may be associated with learning, advanced training or other than the employee's foreign activities.

The head of the Organization has the full right to refuse such leave due to the production necessity or in the absence of documentary evidence of persistent desire to go through extraordinary leave.

However, there are special categories of employees who are not entitled to refuse to leave at its own expense. This applies to retirement workers (vacation period for up to 14 days), disabled (up to 60 days), participants of the Second World War (up to 35 days) and other employees, if it comes to important family events.

Refuse to leave during the school session, the employer can only if the educational institution has no state accreditation.

It is necessary to work at least 6 months to obtain the consent of the employer for the first vacation after the device to work. The duration of such a vacation is 28 days. Employees of preferential categories can count on vacation without the consent of the employer before the expiration of 6 months.

When the first vacation in the Labor Code

Each working has the right to count on the first vacation after the device to work with the obligatory preservation of the workplace and the former level of salary. By virtue of various reasons or circumstances, some employers go on violation of the law, consciously damping their employees of such a right. Although Article 122 of the Code of Labor of the Russian Federation gives clear explanations when the vacation is expected to work, and determines the order of relationship with the employer.

How many days are for the 1st vacation?

For each past month, a job is accrued about 2.33 vacation days. This means that continuous labor activity over the next 6 months gives a legally legal right to receive full 28 days of rest, and not 2 weeks, as the vacation is provided in the first year of work unfair employers. Just do not be confused with deadlines for paid annual holidays, which legally established a binding period equal to 14 days (and the remaining days of vacation are in parts).

In case of an incomplete past month, monetary compensation is calculated in full, as in the case of receiving leave after 6 months by the Labor Code (if time spent on fact is more than 15 days). If the employee is issued for work temporarily, and the period of its employment contract with the enterprise expires at the end of 2 or less months, then it is charged for 2 days of rest for each worked month.

Significantly knowing how much it is necessary to work out to go on vacation a newcomer, it is not difficult to guess what the employer really risks, agreeing to the provision of holidays with a new employee. There is always the likelihood that the worker will not return from a full 28-day vacation, spending only half of the last time. Here is meant how many days of the first holiday in 6 months worked in the current working year (not to be confused with the calendar calculus!). Working year begins his countdown from the first day of employment of the employee at the enterprise, therefore is completely not attached to the days of the calendar year.

The newcomer should understand that it may not be released on holiday after six calendar months. The time when it is possible to go on vacation after 6 months of work on the Labor Code of the Russian Federation, is determined no later than the 11th month. As part of the legislation, it is the 12th month that is considered to be the onset of the time-paid vacation, therefore it is listed in the current working year (even if the new calendar year has already begun).

Preferential right to 1st vacation

In Part 2 of Article 122 of the Code of the Russian Federation, it is said that the provision of leave after 6 months of work and before this period is carried out without the direct consent of the employer itself, but this right is applied not to all. The preferential category of labor legislation includes:

workers - before and after care for maternity leave;
employees-adoptive parents of a child (or children), which has not yet been 3 months;
in other cases, when the vacation provided for in the legislation is put on the new work;
minor workers who are not 18 years old;
workers' veterans of the retirement age who received the title for conscientious many years of work.

Vacation Employee of a preferential category in the following years of labor is provided as usual when you can go on vacation according to the law according to the priority schedule at the enterprise (institution).

The above-mentioned concessional categories of working can realize their right to apply in advance, but no later than 2 weeks before the start. To do this, apply the appropriate application for the first vacation to the head, thereby notifying it on leave. In the event that the provision of legal leave was denied and the fact of a violation of labor law was identified documentary, an employer cannot be liable. A complaint to the employment inspection is filed if the employer has not been able to grant a vacation after 6 months of work.

The procedure for calculating holidays for the 1st vacation

To obtain settlement data, it is required to divide the total earnings for the spent time for the total amount of spent months, the resulting calculation result is divided into a ratio of 29.6. The final amount of the vacation pays will be determined by multiplying the average daily rate of labor on the number of vacation days in the first year of work. All calculations are carried out taking into account the average earnings of the employee (including the main salary, additional payments and premium allowances).

A similar formula is also applied to calculate the payment of monetary compensation for the unused vacation time (with the standard dismissal of the employee or when it refuses rest). When the first vacation of the Labor Code is provided, compulsory tax and pension deductions are made with the contribution of monetary amounts to the relevant state structures.

Recall that the estimated accounting department makes accruals of vacation payments only after the leader signed a handwritten application for leave in six months of work on the Labor Code of the Russian Federation and issued an appropriate order.

Payment timing of holidays for the 1st vacation

According to Article 136 of the Code of Proceed, the release of the holidays is carried out on the day of issue, but no later than 3 days before the start of the employee's vacation (the transfer of payment for the next business day cannot be allowed!). Payment of vacation compensation The employee is possible in cash and non-cash payments.

If you violate the terms of accrual of monetary compensation for vacation after 6 months by the Labor Code, the employee has the right to refuse him, independently choosing another time to relax.

In accordance with Russian legislation, the first vacation after employment to work is relumed to all able-bodied citizens. The issues of its provision are regulated by a number of regulatory and local and local legal acts.

Not all employees know about the rules of holiday destination. The employee must be provided with the first vacation in the event that it has worked continuously at the same workplace at least six months. It is usually given to employees in the seventh month from the date of the crime to its immediate official duties.

Many workers are mistaken, believing that the maximum that it is available to them is two weeks of rest. But this is not the case, vacation in the first year of work should be at least 28 calendar days after he worked for half a year at his workplace.

If you do not want to use the right to leave, then on the basis of labor legislation of Russia you are entitled to demand monetary compensation for unused rest. It follows from this that it is not necessary to go on vacation after 6 months of work. The employer can provide a vacation and before the expiration of the six-month term. But then you will be deducted holidays for unreought-up holidays, and it must be remembered.

Features of the provision of vacation

The provision of leave after 6 months of work is governed by labor legislation. Any employee after half a year has the right to vacation, but the moment of its start is associated with the subtleties of work within the company. There is such a concept as a schedule of vacations, and in accordance with it, rest can be significantly shifted over time. Therefore, the question when the first vacation is provided for the Labor Code, it is unambiguous to answer difficult.

The employer must provide a vacation to the following persons:

Women before maternity leave or, for example, after leaving the decree on work;
An employee having a spouse staying on maternity leave;
Young employee under the age of eighteen years old;
Workers who adopted the child under three months of age;
Employees who work part-time;
Employees and victims of the catastrophe at the Chelyabinsk, Chernobyl NPP, host veterans, Heroes of the USSR, Russia, Socialist Labor, Honorary Dongs of the Russian Federation.

Employees often concerns the question: how much do you need to work out to go on vacation? According to labor legislation, this period is equal to six calendar months from the moment of work, but ultimately the answer to this question depends on the employer itself. In any case, an employee must receive a vacation no later than eleven months from the date of the device to the organization.

How is vacation available in the first year of work? There are no special tricks. There is enough personal statement addressed to the head of the company, which subsequently issues an order to assign a vacation. The procedure for providing first vacation is the same as for all others.

Some tricks and certain nuances

So, we answered the question when the vacation was put on a new job. We already found out that the worker has the right to a well-deserved rest in six months after intensive work. But many hitryat employers, offering an employee to relax only two weeks instead of twenty-eight days. What to do in this case? It is for this that it is necessary to know when the vacation is put on, and on which duration the employee has the right to be able to defend his rights in case of violation of labor legislation. Russian labor legislation draws the attention of employees to the fact that they have the right to count on rest, almost equal to one month. A vacation in six months of the work of the TC RF obliges to provide an employee in full, and the fact that this is his first vacation does not mean that it is necessary to make exceptions. Therefore, for your rights it is necessary to fight.

If the employer deliberately does not give his employee right to rest, then in this case the employee must contact the labor inspectorate or to court. Vacation After 6 months, the Labor Code obliges to provide an employee.

It is also worth saying about such a specific phenomenon as a vacation schedule. Usually it is in every organization even with a small staff of employees. Only employers-individuals are not. Therefore, in order to answer the question when you can go on vacation by law, you should contact the vacation schedule. The employer is obliged to warn employees about vacation two weeks before it began. In any case, recreation employee should not be provided earlier than the start of the work year. Exceptions are special cases (an additional agreement between the employer and the employee itself).

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The Labor Code has a separate chapter. which is dedicated to vacations - this is chapter 19, which is called " Vacation". In this article we are talking from Vacation by TC (Labor Code).

Vacation - at the present holiday, especially in our country, because In Russia, vacation is one of the largest in the world and is guaranteed by law.

Article 114 of the Labor Code of the Russian Federation suggests that employees are provided annual leave with the preservation of work and positions, as well as average earnings.

In our country, the duration of the main paid annual holiday is made up 28 calendar days.

Maybe of course and more than 28 days, but about it later.

Extraly charged holidays are also allocated: this vacation for workers who work in difficult conditions (see Article 115 of the Labor Code of the Russian Federation).

I would especially like to highlight workers with an abnormal working day. So for such employees, vacation is determined by or internal regulations, but there can be no less than 3 calendar days.

Often ask the question: " Vacation is considered in calendar or working days?«

Vacation is considered in the calendar day, and in no way in the workers. BUT! Non-working holidays are not included in them.

That is, such holidays as March 8, May 1 or New Year holidays increase the holiday time on the days of the holiday and only the holiday! However, Saturdays, Sundays are considered during the days of vacation. If a festive day is on the weekend, it is still added to vacation!

When can I take a vacation after the device to work?

Annual paid vacation is provided to an employee, oddly enough, annually. However, the first vacation can be taken after 6 months of continuous operation. If the employer is not against, then vacation can be provided before. Keyword here - maybe. But the employer is not obliged. But after half a year it is already obliged to give a vacation.

If you work for more than 1 year, then vacation can be provided at any time of the working year.

Priority vacation

How many keys were broken in matters related to those who and when it goes on vacation. But the question is not solved between employees. With the employer, everything is easier: he must warn about the vacation of the employee (and under the painting) no later than 2 weeks before the start. If you forgot to warn you about vacation - you can postpone it on the application.

Is it possible to postpone leave

Vacation can be transferred or extended:

- by temporary disability;

- fulfillment of state duties, if they are compensated;

- In other cases provided for by local acts or law.

Is it possible to postpone the next year?

It is possible, but in exceptional cases and only with the consent of the employee. But you can use such a vacation only next year. That is, in a year to take a pending vacation fail.

Two years in a row not to grant vacation.

What to do if the employer did not pay for the vacation

Write a statement and transfer your vacation by coordinating it with the employer.

Can there be a vacation divided into parts?

Vacation can be divided into parts, but one part must be at least 14 calendar days.

May, but only with the consent of the employee. The unused part must be provided in a convenient for the employee (and not for the employer) time in this or next year.

Part of the annual vacation exceeding 28 days can be replaced by compensation.

In fact, you can replace vacation by money, but only if the employer agrees and the holidays have accumulated enough to be compensated.

For example, you finalize the 2nd year, but already on holiday 42 days (14 + 14 + 14), the remaining 14 days nobody will compensate you until next year.

Does vacation burn when dismissal?

The employer is obliged to give a vacation to any of these circumstances (be it registration of marriage, the death of a loved one or on the contrary, the birth of a child), but the vacation is provided without salary salary. The duration of such a vacation is up to 5 calendar days.

Is it necessary to leave for pregnancy and childbirth and leave for child care?
Pregnancy and childbirth is also called only women at the birth of a child. - This is another kind of vacation, it can also be taken by dads or other relatives of the child who are watching him, the duration of maternity leave is significantly larger than maternity leave.