In general, the right to annual, additional and other types of leave for recently hired employee appears six months after employment (part 2 of article 122 of the Labor Code). This period means a continuous period of work in one organization. Although, to be precise, the Labor Code of the Russian Federation does not prohibit the provision of vacation in the first year of work and until the end of this period. This depends solely on the decision of the manager, the availability of free employees and the production situation.
Also new employee has the right to take one day off at any time before six month period. This day will be calculated from the future vacation and paid at the same time. Concerning probationary period, its duration may not be included in the required six-month period. This fact is reflected in the employment contract, which is why it is required to read it carefully before signing.
Schedule
As Art. 123 Labor Code, a document defining the procedure for employees to go on vacation in the next calendar year, drawn up in December current year until the 17th. Therefore, persons hired after the schedule was approved and who have worked for the required 6 months have the right to request rest in any of the remaining periods of the working year. Its countdown begins from the month of employment in this organization.
If an employee wants to go on vacation in a month falling in the next calendar year, this is simply recorded in the new schedule. Otherwise, he needs to submit an application addressed to the director. Alternatively, you can create additional schedule vacations agreed with other employees or the chairman of the trade union. The employee is notified of the date of retirement no later than 14 days before it occurs.
Refusal
Management may not agree with the employee’s choice (citing production necessity or lack of replacement). This does not contradict the Labor Code if the alternative proposed by the director concerns a month included in the employee’s working year, since the right to compulsory rest provided once a year will not be violated. Depriving him of this right, namely, postponing his vacation to the next working year, can only be done with the consent of the employee. This will be justified in critical cases requiring the mobilization of the entire staff (Part 3 of Article 124 of the Labor Code).
It is advisable to familiarize the employee with the decision as tactfully as possible, bringing specific reasons, preventing his intention. So that he does not have a desire to exercise his other right - to contact the State Labor Inspectorate.
Privileges
In Art. 122 of the Labor Code provides for some situations that determine how leave is granted in the first year of work at the request of an employee. In these cases, the refusal will not be legal, regardless of the amount of time worked (even if it does not reach six months), the opinion of the director and the workload of production. These privileged persons are the employees:
- under eighteen years of age;
- those planning to go on maternity leave or who have just returned to their duties after it (Article 260 of the Labor Code, paragraph 20 of Post. No. 1 Supreme Court dated January 28, 2014);
- who have adopted a child under three months of age;
- whose spouse is on maternity leave (Article 123 of the Labor Code);
- in whose upbringing (care) is a minor child with a disability (Article 262.1 of the Labor Code);
- mentioned in other federal laws(veterans, military spouses, part-time workers).
Duration
Art. 115 Labor Code establishes a specific amount of vacation pay calendar days(excluding holidays) per year; this quantity cannot be lower than 28. Providing leave in the first year of work with it being cut in half or otherwise, with the remainder being issued later, is possible only with the consent of the employee (Article 125 of the Labor Code). This rule does not apply additional leave provided in production facilities with working conditions characterized by increased danger and harmful to health. The duration of this depends on the amount of time actually worked (Article 121 of the Labor Code) and is usually 10 days per year.
note
An employee can resign both after the vacation and during it. According to the law, vacation days count towards the number of hours worked - it is only important to submit your resignation on time. Read more in this
If the employee is dismissed before the end of the working year, his salary can be reduced by the amount of vacation pay received for all days on which work was not performed (Article 137 of the Labor Code, paragraph 2 of Rules No. 169 of the NKT of the USSR of April 30, 1930 ). Here you need to take into account that the total amount of all deductions should not exceed 20% of earnings (Article 138 of the Labor Code). This is the reason for the impossibility of fully collecting debt from an employee in some cases.
Decor
If leave is issued on the basis of an application, it must be confirmed by the director. The next step is to issue an order in form T-6, containing information about the temporary limits of leave and the employee’s personal data. The accrual of earnings for rest days is reflected in the T-60 form. Entries are also made in a personal card and time sheet, taking into account the time spent at work.
Payment
Vacation pay is calculated from the average wages, taken in one day. It is usually calculated based on earnings accrued over the previous 12 months. When the first leave is granted, according to the Labor Code, the beginning of the billing period is the date of entry to work. And its end, accordingly, is the day preceding the date of going on vacation (clause 4 of the RF Government Regulation No. 922 of December 24, 2007). Thus, the average salary will be determined based on the actual time worked.
More information can be obtained by asking questions in the comments to the article.
Every employee has the right to vacation. However, today many employers violate the rights of their employees. That is why it is extremely important to know what you are entitled to as part of your work activity. Let's understand the intricacies of providing leave and the conflicts that may arise between employees and employers.
Features of granting vacations
According to Article 122 of the Labor Code of the Russian Federation, after 6 months of continuous work, an employee receives the right to leave. Just keep in mind that you get the RIGHT, but this does not mean that the manager is obliged to give you vacation right away. You can use your right until the end of the year, according to the vacation schedule, if the company has one.
At the same time, if we talk about how many months leave can be granted, it is worth noting that you can always agree with your superiors and take leave for the previously worked 6 months. But, of course, everything depends on whether the manager will meet you halfway, since he is not obliged to do this. In any case, you can receive vacation no later than 11 months during which you have continuously worked for the company.
If we talk about providing leave in the second and subsequent years, then theoretically it can indeed be provided at any time. However, there is such a thing as a vacation schedule, which is drawn up 2 weeks before the end of the year. Until this point, employees must notify their superiors when they would like to go on vacation.
Other nuances
It has been established that after 6 months of continuous work in a company, an employee can receive not 14, but 28 days of rest, although people usually unknowingly mention the first option. By the way, the employer takes a big risk with vacation pay, since the employee may not return from vacation.
The new rules establish that a mandatory part of annual paid leave is a period of at least 14 days. The remaining days can be taken in parts.
As for the payment of vacation pay, a deadline has been established for this, which is no later than three days before the start of the vacation itself.
What to do if your rights are violated?
Quite often you can hear that an employer does not give an employee vacation. What to do in in this case? First of all, understand that this is a direct violation of your rights. Thus, according to Part 2 of Article 122 of the Labor Code of the Russian Federation, there are categories of employees to whom the employer is obliged to provide time for rest (vacation) after 6 months of work:
· women, in front maternity leave or after it;
· minor workers;
· employees who adopted a child under 3 months of age.
If these categories of citizens are denied leave after 6 months of work, then this is the basis for the employee to independently exercise his right to leave. In any case, it is required to submit a corresponding application addressed to the manager and notify him of going on vacation.
I would also like to talk in more detail about such a concept as a vacation schedule. If it is not there, then this should be considered as giving employees the right to independently determine the time that best suits them for vacation. In such cases, if the employer does not agree that the subordinate wants to go on vacation specifically in this month and specifically on this day, this cannot be considered an obstacle to the exercise of the right to vacation. The employee exercises this right independently, having previously submitted a corresponding application addressed to the manager (this is done 2 weeks in advance). Accordingly, if there is a vacation schedule, you will have to adhere to it. Remember your rights!
According to the Labor Code - the Labor Code, which was in force until 2002, one could go on paid leave at a new workplace no earlier than after working for 11 months. Before this period, neither the leave itself nor any part of it was supposed to be provided. Article 122 of the Labor Code of the Russian Federation states that the employee has the right to leave during the first year of continuous work in a new place after 6 months.
But this does not mean at all that he is entitled to a full four-week vacation - in this case, he can only count on 2 paid weeks. In addition, the employee’s right to leave is not at all the reason for the employer to grant it unquestioningly. In the event that you do not belong to one of the categories of workers who have the right to go on vacation when they need it, you can get it in accordance with.
In some cases, by agreement of the parties, the employer may grant you the requested leave earlier than the required six-month period.
This schedule, the preparation of which is regulated by Article 123 of the Labor Code of the Russian Federation, is mandatory for execution by both employees and the employer. It is compiled at the end of the calendar year, but in the case when you started your labor activity After it has been drawn up and approved, you must notify about your desire to go on vacation in advance so that the schedule can be adjusted.
In case of dismissal, an employee who does not have a continuous six-month work experience at this enterprise is entitled to compensation for unused vacation. The employer has the right to refuse to grant him leave.
Who is entitled to leave immediately upon filing an application?
When starting a new job, even if not even six months have passed, certain categories of workers can receive paid leave, which, for example, include:
- women during pregnancy before going on maternity leave, as well as those who are already on such leave and want to extend it at the expense of labor leave;
- minor workers who have not yet turned 18 years of age;
- adoptive parents of a child who is not yet 3 months old;
- working pensioners who have the title “Veteran of Labor”;
- other categories of employees who are entitled to receive out-of-turn labor leave in accordance with federal legislation.
Vacation is, allocated by law and the employer, rest time that is provided for performing daily work functions or as a result of the occurrence of certain socially significant events.
Right to rest - basic principle labor law , and any employee, subject to specific conditions, can use it, regardless of what organization he works for and what position he holds. No one has the right to deprive people of rest, either as punishment, sanctions, or as manipulation.
First of all, vacation is a legal concept that is regulated by Chapter 19 of the Labor Code of the Russian Federation. Its legal nature may be different and, as a result, the following are distinguished:
- Annual paid basic leave.
- according to profession, specialization, schedule and working conditions (-119 Labor Code of the Russian Federation).
All these legal categories Leaves differ from each other primarily in the grounds for their provision. Annual and additional leave is rest that is due for the performance of official functions.
Social or unpaid holiday associated with the occurrence of certain legal facts and events, which free a person from performing labor functions for some time.
You could say these are special good reasons, which allow you to take a long vacation.
Annual paid vacation - the main type of vacation claimed by an employee who has worked for six months in the organization according to Art. 122 Labor Code of the Russian Federation.
Previously, the employee did not have the right to use it, with the exception of certain categories of employees, because otherwise it would already be social view recreation.
It can be taken by at will (for personal reasons) regardless of the time worked in this position, that is, virtually on any day. For this it is necessary.
The main condition is the employee must work for the organization for six months and it does not matter how much he worked in the previous institution, since he has the right to legal rest only if he worked in this institution.
About how calculus is performed length of service, which gives the right to annual leave.
Another important condition - official employment according to (or unlimited) government contract. So this is important conditions provision of annual leave, which gives the employee the right to take advantage of it. More detailed information about registration of vacation fixed-term contract, you will find out in the next one.
The order of granting vacations in the organization is determined by management, who, in agreement with the trade union (if any), draws up.
According to this document the employee will go on vacation according to the order of priority, which he must do in advance 2 weeks before it starts in accordance with Art. 123 Labor Code of the Russian Federation.
Only certain categories of workers (pregnant women, minors, etc.) can violate this order, and otherwise the approved schedule is binding for everyone. This is the main reason for going on another vacation.
Additional leaves and their duration are related to the very specifics of work, profession, status of workers, etc., which is regulated by collective agreements, internal labor regulations (ILR), and acts of the Government of the Russian Federation.
For example, such employees include teachers, doctors, nurses, workers working in the Far North etc.
The basis for social and other types of rest is a personal application from the employee addressed to the boss indicating the required periods of absence from work due to social significant reason(death of a relative, wedding, pregnancy, etc.) according to Art. 122 Labor Code of the Russian Federation.
Basic rules for providing rest to employees
After what period is the next paid leave granted? regulated as Chapter 19 of the Labor Code of the Russian Federation and others legal acts, and LNA (PVTR, regulations, vacation schedule). How many times a year can I take it?
Labor leave ideally should be provided once a year, which is why its main name is “annual”. The right to rest is the opportunity to take time off for a certain period of time, guaranteed by law and the LNA.
Guarantees for the implementation of the right to annual paid leave are regulated in Art. 114 of the Labor Code of the Russian Federation, as well as in various LNAs and employment contracts. After how many months is the next vacation due? In short, it can be said that annual basic paid leave is provided to employees according to the following rules and conditions:
Paid leave must be provided to the employee with continuous work in the organization for 6 months. This period includes time off at your own expense for a period of no more than 2 weeks, missed days in case of illegal dismissal, suspension, etc.
The current priority according to the vacation schedule, in accordance with Art. 123 Labor Code of the Russian Federation. When drawing up a schedule, many aspects are taken into account: specifics of positions and activities of the organization itself, as well as the wishes of employees, therefore, taking initiative and expressing their opinions is in no way prohibited.
The employment contract signed by the parties, PVTR, Regulations, and various other LNAs contain special clauses on the right of employees to such leave, which also regulates all the rules and detailed aspects of its provision, which should not contradict Chapter 19 of the Labor Code of the Russian Federation. An employee can also take vacation in advance; this is discussed in detail in this article.
Now you have an idea of how the procedure for granting annual basic paid leave works. Let's move on to the next point regarding the duration of rest.
How many days does it last?
How many days of vacation are required?
First of all, it is worth noting that the period of annual leave with preservation of wages, depends on the specifics of the profession itself, work schedule, and especially if it is not standardized, working conditions, etc.
If an employee is entitled to additional leave, then according to general rules his calendar days are simply added to the total annual leave.
For example, if an employee is on basic leave for 28 days, and he is supposed to rest for another 10 days, then in the end he will be off for 38 days.
As for time off at your own expense, they duration is set by the employee in agreement with management, that is, it can be absolutely any time frame.
The employee begins to rest according to the vacation schedule, in the order of his priority. In such schedules, the calendar days of vacation of the organization’s employees are accurately scheduled.
The Labor Code of the Russian Federation also provides for the opportunity to go on annual leave in agreement with the head of the organization before the expiration of the 6-month period of work in the organization.
First of all, this right can be exercised by:
- The employees are in trouble.
- Employees who adopted a child less than 3 months old.
IMPORTANT! Workers who raise and financially support a disabled child until he comes of age have the right to take annual leave at any time convenient for them according to Art. 262.1 Labor Code of the Russian Federation.
Registration procedure
Annual leave is not easy legal category in labor law.
If management is involved in drawing up vacation schedules, then it must take into account the wishes of employees, and in this case, each employee submits an application addressed to the manager about the planned rest time for the next year.
Management is not obliged to accurately reflect all wishes in the schedule., since there are often many employees, and June-July-August are the most popular periods.
Schedules are usually drawn up according to the unified form No. T-7 and mandatory 2 weeks before the start of the next calendar year. After approval of the document, all employees must be notified, against signature, of the exact dates of rest in accordance with Art. 123 Labor Code of the Russian Federation.
Maximum notice period – 14 days before the start of the holiday. Information must be provided in writing and in free form, since violation of the deadlines and procedures for drawing up schedules and notifications entails the invalidity of such documents, which is established by the court. In this case, it is especially important to act in accordance with the norms of the Labor Code of the Russian Federation.
After notifying employees, management issues the appropriate Order in Form T-6 or T-6a on the final approval of vacations, and then a calculation note (Form T-60) is drawn up, which is provided to the employee, which precisely indicates the calendar days and the detailed procedure for paying for vacations. The actual days of rest are already recorded in the accounting sheet (form T-12, T-13).
If a person has been working for the first year in an organization or this exceptional cases which are listed above, then he writes an application addressed to the manager with a request to grant him basic leave indicating approximate calendar days of rest. The period of time off is agreed upon with management Read about the basic rules for taking your first vacation in the following section.
After consideration and acceptance of the application, an order is issued to approve the vacation, which precisely indicates the period of rest, and then another order is drawn up to amend the vacation schedule. As for arranging holidays for part-time workers, you will find out here.
If you are planning to vacation abroad, then to obtain visas you will need a vacation certificate, what is it and how to get it.
How to calculate payment?
How is vacation calculated?
Annual leave is always paid by management.
The form and procedure of calculations does not present any difficulties for accounting, since all this is carried out according to a certain formula.
First you need to calculate avg. d/z. It will look like this: the payroll period (p/p), which is essentially the accrued salary for the previous 12 months, is divided by 12 months, and then by the number 29.3. The number 29.3 is the basis of accounting calculation, which is the average arithmetic number calendar month. The formula will roughly look like this:
Wed. d/z = billing period/12 months/29.3; vacation pay = Average salary multiplied by the number of calendar days. For example, an employee has 28 calendar days of vacation, and his salary for the pay period is 800,000 rubles.
IMPORTANT! payment amounts sick leave, vacations, business trips, time off at your own expense or due to the fault of management are not included in the r/p.
It's a good idea to have an understanding of taxation. Find out what contributions the vacation is subject to.
You will learn how to correctly calculate vacation pay in the following video:
Compensation for missed days
Employer's obligation
The manager is obliged to provide annual leave, based on the schedule and application of the employee, whose work period in this institution has already been six months.
Otherwise, a refusal will follow. Besides management cannot refuse an employee if an application for social leave is submitted(for socially significant reasons).
The boss may refuse to grant time off at his own expense., if he considers that the employee has the means to do so unjust reasons. However, certain categories of employees cannot be refused according to Art. 128 Labor Code of the Russian Federation. About what to do if the employer does not allow you to go on vacation.
Can an employee refuse to take a vacation?
When a vacation schedule is drawn up, its approved priority is mandatory for all employees. Accordingly, the employee cannot voluntarily refuse it, since this is a violation of the PVTR and other LNA.
However according to Article 124 of the Labor Code of the Russian Federation, in certain cases it is possible to extend or postpone the holiday, but this is acceptable in the following cases:
- if the employee is sick, during vacation, he has the right, upon personal application, to extend it or postpone it for a certain period of time;
- if the employee performed state holiday debt;
- other situations.
About what documents are needed to transfer a vacation. In case of violation of the rules for drawing up a vacation schedule and notifying employees later than 2 weeks before its start, or incomplete payment of vacation pay, the employee has the right to write a statement demanding its transfer to another period of time.
An exception is also cases when the specifics of the organization’s activities greatly limit the employee’s long-term absence from the workplace, and in this case the vacation is postponed to another period of time.
Strenuous work without rest is prohibited, if an employee has not taken vacation for three years, this will result in sanctions from his superiors. Failure to provide annual paid leave is prohibited! About how to use the accumulated .
REFERENCE. Rest according to Art. 125 of the Labor Code of the Russian Federation can be divided into parts, one of which must be at least 2 weeks.
In conclusion, it must be said that vacation as a legal concept is quite multifaceted, and the law allows different situations that an employee may encounter. All employees are entitled to leave, subject to certain conditions.
The main thing in any case is to understand the situation itself in order to understand what rules of law apply. In order to protect their rights from arbitrariness, an employee can always go to court or the labor inspectorate in his city.
When, who and what kind of vacation is due?
According to the Labor Code of the Russian Federation, it is 28 calendar days. For minor workers annual paid vacation is 31 calendar days. It must be provided to you either according to a schedule drawn up by the human resources department, or by agreement with the employer. You must be notified that you are entitled to leave 2 weeks before it starts. Failure to provide annual paid leave is prohibited.
Right to vacation.
You can obtain the legal right to leave after working in the organization for at least six months. The length of service is counted from the first working day in accordance with the hiring order.
If you have been working for the first year, then the number of allotted vacation days is calculated in proportion to the time worked. So, for six months worked, you have the right to rest 14 days, for 9 months worked - 21 days. Conventionally, for each month worked, approximately 2.3 calendar days of vacation are due.
If you didn't use your vacation?
If last year you were not on vacation for the required 28 days, then in this case, you can take the remaining days off next year (according to the schedule or by agreement with the employer). Get monetary compensation You have no rights for unused vacation.
If you suddenly decide to quit, or you are laid off, and you have not used your allotted annual leave, then you must receive monetary compensation from your employer for it.
Additional vacation.
If you work in hazardous work or have irregular working hours, then you are entitled to additional paid leave. Its duration should be recorded in collective agreement or in the internal labor regulations of the enterprise, but cannot be less than 3 calendar days. Instead of additional leave, you have the right to receive monetary compensation.
Vacation at your own expense.
For personal reasons, you can go on leave without pay. The employer can provide it to you if it considers that these reasons are valid.
But in some situations, employers do not have the right to refuse leave at their own expense for up to 5 days:
- in case of birth of a child,
- marriage,
-death of a close relative.
Leave without pay is required by law to be granted to:
– participants of the Great Patriotic War– up to 35 calendar days per year;
– working old-age pensioners (by age) – up to 14 calendar days per year;
– parents and wives (husbands) of military personnel who were killed or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days per year;
– for working disabled people – up to 60 calendar days per year.
Leave without pay at the initiative of the employer is illegal. If you are forced to go on such leave, go to court.
How to calculate vacation pay?
If the billing period has been fully worked out, then the calculation is made according to the formula:
O = Salary: 12 months. : 29.4 days x D, where
О – amount of vacation pay;
Salary – the amount of accruals to the employee for the billing period (12 months), taken into account when calculating vacation pay;
29.4 days – the average number of calendar days in a month (excluding holidays);
D – number of calendar days of vacation.
Loading...