Another vacation. When can you take a vacation?

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

How long is the annual paid leave?

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

Do I need to include non-working holidays in my vacation?

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

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

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

DATES FOR PAYMENT OF VACATION PAYMENTS

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

Memo to employees about vacations and their payment

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

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

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Provide leave in advance

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

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

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

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Is it possible to provide additional leave in advance to the “northerners”?

Employees who work in the regions of the Far North (areas equivalent to them) are entitled to the following annual leave: basic paid - 28 calendar days and additional paid - 24 calendar days (region of the Far North), or 16 calendar days (equivalent to the Far North).

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

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

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

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

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When do part-timers go on vacation?

The procedure for granting leave to part-time employees is provided for in the Labor Code of the Russian Federation. annual leave must be granted simultaneously with leave from the main place of work. Moreover, if an employee has been working part-time for the first year, he does not have to wait the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.

You can require documents from a part-time worker confirming the fact of vacation for your main job. This could be, for example, a copy of the order granting leave.

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

Is it necessary to provide another paid leave to an external part-time employee if she is on maternity leave at her main place of work, but she did not take out such leave for part-time work?

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

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

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Leave for parents of disabled children

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

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

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

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

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

Does this mean that an employee with many children can receive leave, for example, within a month after being hired?

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

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

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Time included in the length of service for going on vacation

The length of service giving the right to basic paid leave includes:

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

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Time excluded from the length of service for vacation, leave without pay

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

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

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

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

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

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

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

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

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

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

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

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

Experience is considered in general terms. Because accumulated experience When an employee is transferred from one organization to another, it is not saved. That is, the employee will have the right to leave only after he has worked for the new organization for six months.

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

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

After the reorganization, employees continue to work in the organization. Therefore, there is no need to renew employment contracts with them (Part 5 of Article 75 of the Labor Code of the Russian Federation). Thus, the length of service giving employees the right to annual paid leave is not interrupted. After all, it must be calculated based on the duration of the employee’s work in the organization with which he entered into an employment contract (Part 2 of Article 122 of the Labor Code of the Russian Federation).

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When to grant additional leave

Provide the employee with additional leave along with the main one (clause 14 of the Rules approved by the People's Commissar of the USSR on April 30, 1930 No. 169, Article 423 of the Labor Code of the Russian Federation). When calculating the total duration of annual leave, the main and additional leaves are summed up (Part 2 of Article 120 of the Labor Code of the Russian Federation).

In the length of service that gives you the right to additional leave for working in hazardous conditions, include only the time actually worked in such conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).

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Minimum required documents to apply for leave for an employee

To correctly register an employee’s annual paid leave, you will need three documents:

• leave order;
• note-calculation for vacation pay.

They can be used as standardized forms of documents or independently developed ones. In the second case, it is important that such documents contain all the necessary details. Whatever form you use - standard or independently developed, the manager must approve it in the order. This procedure follows from Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, paragraph 4 of PBU 1/2008 and is confirmed by the letter of Rostrud of February 14, 2013 No. PG/1487-6-1.

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

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

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

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Application for leave

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

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

How many days before leave should an employee apply? No specific period has been established. At the same time, take into account the procedure for paying vacation pay. Payments must be made to the employee no later than three calendar days before the start of the vacation. Therefore, the vacationer must submit an application at least three calendar days before the start of the vacation.

It’s better to ask all employees (including those going on scheduled vacation) to write a letter of resignation. Because changes are made to the schedule quite often. And when there are applications from employees, it will be easier for the HR and accounting departments to control vacations, calculate and pay vacation pay in a timely manner.

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Vacation pay deadline

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

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

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Is it possible to transfer or extend the unused part of the vacation that coincided with maternity leave?

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

Unfilled days of annual leave can be added to maternity leave. An employee can use days between maternity and child care leaves. The employee will write her wishes in, on the basis of which issue an order.

Also, at the request of the employee, days not taken off can be transferred to another date. According to the documents, everything is simple - a statement from the employee and an order to transfer.

Article 124 of the Labor Code of the Russian Federation allows you to postpone vacation only due to illness. At the same time, a woman has the right to go on annual leave before maternity leave or immediately after it, or at the end of parental leave, regardless of length of service (Article 260 of the Labor Code of the Russian Federation

The fine for not providing leave is

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

Labor inspectors can learn about a violation during an inspection or from an employee’s complaint.

Responsibility for late payment of vacation pay

Delayed payment of vacation pay may result in an administrative fine. For the first violation:

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

In addition, officials are subject to criminal (Article 145.1 of the Criminal Code of the Russian Federation), disciplinary liability (), as well as material liability.

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

In addition, an employee who has not been paid vacation pay on time may request that annual leave be postponed to another time (part 2 of article 124 of the Labor Code of the Russian Federation, paragraph 2 of the ruling of the Constitutional Court of the Russian Federation of June 23, 2005 No. 230-O).

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Establishing state guarantees in the field of labor, creating favorable conditions for work, protecting the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These questions are relevant for the vast majority of organizations and for many individual entrepreneurs. Let us recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Relief for micro-enterprises

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

Thus, a microenterprise has the right to refuse, in whole or in part, the adoption of local labor regulations. We are talking, for example, about internal labor regulations, regulations on wages or bonuses, shift schedules, etc. However, this does not mean that such issues in a microenterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, must be included directly in employment contracts with employees. To do this, the standard form of the employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

New mandatory document when concluding an employment contract

From 01/01/2017, the amendment to Art. adopted back in 2015 came into force. 65 of the Labor Code of the Russian Federation, concerning the list of documents presented when applying for a job. Let us remind you that persons subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances are not allowed to perform certain types of work until the end of such punishment (Clause 1, Article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:

• work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of 02/09/2007 No. 16-FZ);
• work directly related to the movement of trains and shunting work (clause 3 of article 25 of the Federal Law of January 10, 2003 No. 17-FZ);
• work as a private security guard (clause 13 of article 11.1 of the Law of March 11, 1992 No. 2487-1).

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

Amendments to the Labor Code: June 2017

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

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation clarifies the procedure for paying overtime work. Let us remind you that, as a general rule, overtime work is paid for the first two hours at least one and a half times the rate, for subsequent hours - at least double the rate or is compensated by providing equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of “regular” overtime work is not taken into account.

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

Salaries calculated arbitrarily by an accountant are not subject to insurance contributions.

If the chief accountant regularly transferred to himself a salary in an amount greater than that stipulated in the employment contract, the amounts of such excess are not included in the contribution base.

Electronic requirements for payment of taxes and contributions: new referral rules

Recently, tax authorities updated forms for requests for payment of debts to the budget, incl. on insurance premiums. Now it’s time to adjust the procedure for sending such requirements through the TKS.

It is not necessary to print payslips

Employers are not required to issue paper payslips to employees. The Ministry of Labor does not prohibit sending them to employees by email.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a receipt

In the case when an individual transferred payment for goods to the seller (company or individual entrepreneur) by bank transfer through a bank, the seller is obliged to send a cash receipt to the “physician” buyer, the Ministry of Finance believes.

The list and quantity of goods at the time of payment are unknown: how to issue a cash receipt

The name, quantity and price of goods (work, services) are mandatory details of a cash receipt (CSR). However, when receiving an advance payment (advance payment), it is sometimes impossible to determine the volume and list of goods. The Ministry of Finance told what to do in such a situation.

Medical examination for computer workers: mandatory or not

Even if an employee is busy working with a PC at least 50% of the time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace for working conditions.

Changed electronic document management operator - inform the Federal Tax Service

If an organization refuses the services of one electronic document management operator and switches to another, it is necessary to send an electronic notification about the recipient of the documents via TKS to the tax office.

How many days of vacation is an employee entitled to? As a 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). People often ask: is vacation 28 calendar days or working days? Annual basic paid leave is calculated 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 vacation into parts

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be carried out 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 an arbitrarily small number of days, including 1 or 2 days.

How long is an employee’s vacation, including weekends and holidays?

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 19 to June 25, 2017. June 24 and 25 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

Unlike regular weekends, holidays and non-working days are not included in the duration of 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. writes an application for June 6-13 - 8 calendar days, only 7 calendar days will be counted and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: number of days according to law and local regulations

The specified duration of 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 paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, 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, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (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 2017: how many days

Who has the right to apply for extended leave and how many days of leave should be provided to these persons is indicated in the table.

Researchers with an academic degree

— 48 working days for doctors of science;
— 36 working days for candidates of science.
The specified extended leaves are provided to scientific workers holding full-time positions in a scientific institution (organization) financed from the federal budget (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949)

Workers working with chemical weapons

56 or 49 calendar days, depending on the group of work to which the employee’s “activity” is assigned. The assignment of work to the first or second group depends on the degree of their danger (Article 1, 5 of the Law of November 7, 2000 No. 136-FZ)

Workers of professional emergency rescue services and units

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30, 35 or 40 days, depending on the length of continuous work experience in professional emergency rescue services and units (Clause 5, Article 28 of Law No. 151-FZ of August 22, 1995)

Health care workers at risk of human immunodeficiency virus infection

36 working days for employees of healthcare organizations diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, taking into account additional annual leave for work in hazardous working conditions (clause 4 of the Government Decree RF dated 04/03/1996 No. 391)

State civil servants

Prosecutors, scientific and teaching staff of the prosecutor's office

30 calendar days excluding travel time to the place of rest and back in the general case. With a certain length of service, these employees are also provided with additional paid leave (Clause 1, Article 41.4 of Law No. 2202-1 of January 17, 1992)

Investigative Committee employees

30 calendar days excluding travel time to the place of rest and back in the general case (Part 1 of Article 25 of the Law of December 28, 2010 No. 403-FZ). With a certain length of service, these employees are also provided with additional paid leave (Part 3 of Article 25 of the Law of December 28, 2010 No. 403-FZ)

How many days is “northern” vacation according to the law?

How many days does a northerner's vacation last? Usually more than for non-northern workers. After all, “northerners”, firstly, are provided with basic annual paid leave - of standard duration or extended in the above cases. And secondly, they are granted additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the Far North - 24 calendar days;
• in areas equated to regions of the Far North - 16 calendar days;
• in other regions of the North, where the regional coefficient and percentage increase in wages are established, - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

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

Also read:

Vacation pay in 2017

Now this is impossible to imagine, but back at the beginning of the last century there was no concept of vacations in our country. For the first time, citizens received the right to rest from work in 1918, when a special resolution was approved. It was that year that Russians were able to legally rest for two weeks without fear of being left without work. Over time, this period was doubled, and today the minimum vacation is 28 days. Along with legal rest, employees receive vacation pay; 2017, like previous ones, differs in the method of calculating cash payments.

Who is entitled to leave?

Today in Russia the minimum duration of paid rest is 28 days, but there are certain categories of employees who have the right to extended rest.

Important. The number of calendar vacation days does not include holidays and non-working days. For example, if a person goes on vacation at the beginning of January, then his legal vacation is extended by the number of days off established by the state.

Have the right to extended rest :

research staff of universities with an academic degree;
employees engaged in research or development activities;
federal civil servants;
working disabled people.

This is not a complete list of positions that are legally granted extended leave. Also, persons employed in hazardous work can count on additional paid leave, and citizens working in the Far North have the right to additional annual leave.

How vacation pay is calculated in Russia

When going on legal vacation, an employee has the right to a monetary payment. In order to understand how vacation pay is calculated, you need to know the type of vacation, the duration of the vacation and the amount of wages.

1. Annual leave

Each employee can use a calculator and independently calculate the amount of vacation pay due to him. To do this, you need to calculate his average daily income using the following formula: D (income for the year before the vacation) / 12 (months) / 29.3 (days) = average daily earnings.

For example, in a year an employee earned 420 thousand rubles (35 thousand rubles per month). Following the formula, we get: 420,000/12/29.3 = 1,194.53 rubles. Next, the average daily income is multiplied by the number of vacation days. This formula is valid if a person worked for a whole year without sick leave, time off or other absences.

If an employee had to miss days for a good reason, then vacation pay is calculated using a different formula.

Vacation pay must be paid no later than three days before the start of the vacation.

2. Maternity leave and parental leave

Typically, such leave is called maternity leave, and it is divided into the following periods:

• 70 days before birth and 70 days after
• child care up to one and a half years; up to three years.

Unlike standard leave, here the calculation is made on the basis of wages received two years before maternity leave from all places of work. For example, if a woman goes on vacation in December 2016, then the years 2014 and 2015 are taken into account. And if at the beginning of next year, then the years 2015 and 2016 are taken into account. Moreover, taking into account the latest changes in the second option, the amount of vacation pay will be higher, since the maximum amount of earnings changes annually, and accordingly, payments cannot be the same. So, the latest news is as follows: for 2015, the maximum amount of earnings is 670,000 rubles, and for 2016 – 718,000 rubles.

After giving birth, a woman has the right to extend her leave by staying at home with the child. At the same time, she receives cash payments, but up to a certain age. So, until the child turns one and a half years old, she is entitled to payments in the amount of 40% of the average salary.

Read also: Shelf life of sick leave certificates

The following mothers have the right to payments until the child reaches 3 years of age: :

• military personnel serving under contract;
• unemployed;
• civilian personnel of military units of the Russian Federation on the territory of other countries.

3. Payments for unused vacation upon dismissal

It happens that a person decides to quit without taking advantage of the right to leave. In this case, he is entitled to monetary compensation. To do this, you need to know how to calculate the number of days to which he is entitled at the time of dismissal. For example, if a person worked for a little less than a year and did not go on vacation, then the employer is obliged to pay full monetary compensation. In other cases, unused days are calculated in proportion to days worked in a part-time working year.

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Calculation of vacation pay in 2017 with examples. Which changes?

When providing annual paid leave to employees, it is necessary to calculate the amounts payable. No additional changes are expected in the formation of vacation pay. The accrual algorithm for calculating vacation in 2017 remains the same.

Calculation of vacation payments

In order to find out the amount of vacation pay to be accrued, you will need to multiply the amount of average daily earnings by the number of days of expected vacation. The calculation is made by analogy with the definition of vacation pay in 2016, taking into account the latest changes.

The standard formula for calculating vacation pay is as follows:

Total amount = earnings for a certain period (12 months) / 12 months / coefficient 29.3 (number of calendar days on average).

Determination of average earnings

Vacation pay is calculated based on the amount of average earnings received for previously worked time. This includes wages, bonus calculations, and other income in kind and cash related to wages.

Payments that must be excluded when determining average earnings include:

1. receiving benefits for disability, pregnancy and childbirth;
2. receiving average earnings in accordance with the legislation of the Russian Federation (vacation periods);
3. payment for additional days off required to care for disabled children.

Period for calculating vacation pay

As a rule, to determine vacation amounts, earnings for the previous period of 12 months are taken as a basis. However, in practice, there are often cases when there may not be a fully worked 12 months, or during this time the salary was not accrued (for example, when on maternity leave). In such cases, the following terms are taken for the billing period:

1. If the employee worked for less than 12 months - from the beginning of the date of employment.
2. If wages were not accrued during the last 12 months, then the last 12 months during which wages were accrued are taken as the calculation period.

When calculating vacation pay in 2017, the following periods are excluded:

• vacation, including labor and economic leave;
• time due to employee incapacity;
• plant downtime;
• periods of strikes at enterprises, when it is not possible to perform one’s duties as usual;
• additional days off for caring for disabled children;
• other cases provided for by law.

If there are periods excluded from the calculation, the total number of calendar days for determining average earnings is determined as follows:

1. Calendar days are determined in fully worked months. The number of such months is multiplied by a factor of 29.3.
2. Calendar days of the month not fully worked are calculated. The coefficient of 29.3 is divided by the total number of days in the period. The result is then multiplied by the calendar days actually worked.
3. The total number of calendar days is summed up.
4. Average daily earnings are determined. The received payment amount is divided by the number of days worked.

Example of vacation pay calculation

The employee wrote an application for leave from February 6, 2017. The calculation period takes into account the period of time from February 1, 2016 to January 31, 2017. Earnings during this time, excluding sick days from July 6 to July 18, amounted to 268,540 rubles. In addition, the employee was on vacation from August 1 to August 28. During that time, the cattle paid him 20,966 rubles.

Total earnings for the last 12 months, excluding sick leave and rest days, will be 247,574 rubles. It remains to calculate the number of calendar working days.

The number of full months of work is 10 (except for July and August).

The number of calendar working days is 10*29.3=293 days.

The number of working days in July is determined as follows: 29.3/31*18=17.01.

In August - 29.3/31*3 = 2.8. The total number of days is 293+17+2.8=312.8.

Average daily earnings are 247,574/312.8=791.48 rubles.

Payments for vacation time equal to 28 days will be 791.48 * 28 = 22161.44 rubles.

Payment of vacation pay to employees is made after withholding income tax on a general basis. The employer will also need to pay insurance premiums.

Law on vacations of the Russian Federation in 2016/2017

On June 2, 2016, No. 176-FZ “On Amendments to Art. 45 and 46 Federal Law “On the State Civil Service of the Russian Federation”, the so-called: Russian Vacation Law 2016/2017. In particular, the duration of vacations provided to citizens in the civil public service was streamlined.

The duration of vacations in the civil service has been revised. Let's start with the fact that vacation, in principle, cannot be less than 28 calendar days. Changes have now been made according to which the duration of leave for all civil servants will be at least 30 days, and this duration does not depend on the position held by the civil servant. Previously, when occupying senior positions, the vacation was longer and amounted to 35 days.

In addition, we changed the approach to how exactly additional leave for long service is provided. If previously the duration of such leave was calculated on the principle of 1 calendar day per year of service, then after amendments were made the situation changed. Now vacation is calculated according to the principle: 1-5 years of experience add 1 day to vacation, from 5 to 10 years of experience add 5 calendar days to vacation, 10-15 years of experience add 7 days to vacation, but 15 or more years of experience add 10 calendar days for vacation.

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:

1. An employee writing a statement.
2. Approval of the application by the manager and issuance of an order (Form T-6).
3. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

The exception is monetary compensation upon dismissal.

Providing annual paid leave

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

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

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

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

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

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

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

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

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

At your own expense

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

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

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

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

Maternity leave

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

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

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

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

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

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

If the expectant mother was employed at several enterprises at once, then each employer is obliged to pay her benefits.

Download the vacation law

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