Leave rules: know your rights

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There is no clear answer to this question. Vacation time is determined in each case individually. The employer calculates the intensity of the workload and selects the time that is convenient for him in terms of continuity of the work process. If the company has a large staff, then replacing an absent person will not be difficult. Vacation can be:

regular - according to the drawn up staffing table and extraordinary;
paid or at your own expense;
provided for previously worked time;
additional and basic.

Also see “What types of vacations are there?”

The law does not stipulate specific dates, but periods during which the employer is obliged to provide the employee with mandatory rest. Usually this is once a year. But it is also possible to split the vacation into parts, one of which cannot be less than half of the entire vacation. Accordingly, when you can take vacation is agreed upon by the employers and the employee.

The employer may allow the employee, if possible, to rest longer and at any time. But he does not have the right to shorten his vacation at his own discretion. If a dispute arises between a manager and an employee of an organization regarding rest time, then the Labor Code comes to the rescue. Also see “How many days of vacation are required per year.”

Another vacation on schedule

Any organization that uses hired labor must have a vacation schedule. It must indicate approximate dates or at least the next month of rest for each employee when they can take vacation .

The schedule is drawn up according to form No. T-7. Approval of this document occurs at the end of the year for the next same period, but no later than December 17, 2021 (in accordance with Article 123 of the Labor Code of the Russian Federation). Also see "Vacation Schedule".

The manager or his authorized employee decides when a particular employee can take vacation . But at the same time, the employee’s opinion must be taken into account. Usually a compromise is reached, since the employee understands that certain professions have their own nuances that may interfere with rest at a certain time.

EXAMPLE Accountants prepare and submit reports on dates strictly defined by law. During this period, they have a particularly increased workload. The rest of the time the work is not so intense. Therefore, it is unlikely that the boss will allow the accountant to go on vacation in March, when the annual balance sheet and reporting of the entire enterprise is formed.

The vacation schedule is drawn up in such a way that a large number of employees are not absent from work at once. Of course, everyone wants to relax in the summer, but in practice this is impossible.

In fact, compliance with the schedule is not one hundred percent. Due to personal circumstances or operational needs, some employees' vacations are postponed to other dates. Sometimes the vacation is even postponed until next year. Also see “Carrying over vacation to next year.”

There is also the possibility of taking unscheduled leave. For example, no time off for the past year. The employer has the final say in this matter. If there is a “window” that will allow you to do without an employee during this time, then there should be no problems. Also see “Unused vacation 2021: expires or not”, “How to correctly make changes to the vacation schedule”.

Procedure for provision

According to Article No. 123 of the Labor Code of the Russian Federation, the dates for granting annual paid leave are approved by the schedule, taking into account the opinion of the trade union organization. Such a document is developed two weeks before the end of the year and requires execution by both parties to the labor relationship. Compiled according to form T-7. The schedule may provide for the division of rest into parts. In this case, the start dates of the weekend must be agreed upon with the employee.

Leave is granted in installments as standard. If the division of vacation days is not fixed in the schedule, then the employee should submit a corresponding application to the manager. Such a document is written in free form. If letterhead is available, it is recommended that you use it. Typically, standard office paper is used for compilation.

The structure of the document is standard; the application consists of the following parts:

a cap . Information about who the document is addressed to and from whom is indicated. The header should be in the upper right corner;
Name. In the middle of the sheet, at some distance from the header, the word “Statement” is written;
main block A request is indicated to provide rest of a certain duration on specific dates;
conclusion . This is the date and signature of the applicant. Placed in a row on a new line.

The application must display the following information:

Full name of the head of the company;
name and legal form of the enterprise;
Full name of the employee;
start and end dates of vacation;
employee position;
basis for division of leave;
the total number of calendar days of rest.

Expert opinion

Irina Vasilyeva

Civil law expert

According to Article No. 124 of the Labor Code, basic leave must be provided every year. We allow it to be transferred to the next period, but not more than two years in a row. Minors and employees working in harmful and dangerous conditions must go on leave annually. The right to transfer is not provided for by labor legislation.

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Legal rest time

Article 122 of the Labor Code of the Russian Federation states that a newly arrived employee has the right to rest 6 months after employment. And if an employee is under 18 years of age, he can request leave earlier. Therefore, formally, he does not face when he can take leave under the Labor Code Also keep in mind that you can take vacation even if you are working under a fixed-term employment contract. See “Leave under a fixed-term employment contract.”

Subordinates whom the employer called back from the last vacation earlier due to production needs have the right to take the next vacation at a time convenient for them personally. However, the employer does not have the right to prohibit them from doing so. Also see “Recalling an employee from vacation.”

The employer must pay vacation pay at least 3 days before the start date of the vacation. But in the case of granting vacation at the employee’s request, this rule may be violated if the latter warned the employer only a day or two before the start of the vacation. In such a situation, a fine may not be assessed, but compensation for the delay in vacation pay (regardless of the employer’s fault) will have to be paid. In accordance with Article 236 of the Labor Code of the Russian Federation. You can read about the calculation of compensation for late payment of wages in 2021 in the article “New deadlines for payment of wages in 2021: what has changed.”

Can they not let you go on vacation in the summer?

1. HOW MANY TIMES A YEAR CAN YOU GO ON VACATION?

Our Labor Code (see Article 174) allows vacation to be divided into two parts. But with one condition: one part must be at least 14 days. True, in order to share a vacation, you need not only your desire, but also the consent of your superiors. That is, if the director for some reason does not want you to share your vacation, you will have to take all the days off in one sitting.

In addition, your organization's collective agreement may stipulate that leave may be split into more than two parts. Suppose your entire vacation is 24 days, and the collective agreement states that you can divide it into three parts. This means that one part of your vacation can be 14 days, and the second and third, for example, 5 days each.

By the way, these parts of the vacation can be used in any order. After all, nowhere is it written that the first part should be 14 days.

2. WHO SHOULD GO FIRST ON VACATION IN THE SUMMER?

Traditionally, we plan all trips and trips for the summer. But the director cannot curtail production and let all workers go on summer vacation. In order to somehow resolve this issue, a vacation schedule is drawn up, which is approved by the employer. This is where the question arises: who should go on vacation in the summer, and who should wait for their turn in the fall or winter.

According to the Labor Code (Article 168), certain categories of workers have a priority right to vacation in the summer (or at other convenient times). That is, when drawing up a schedule, the employer must plan their vacation according to their wishes. This rule applies to:

— persons under 18 years of age;

— WWII veterans and veterans of combat operations on the territory of other states;

- women with two or more children under the age of 14 or a disabled child under the age of 18;

— workers who became ill and suffered radiation sickness as a result of the disaster at the Chernobyl nuclear power plant;

— workers who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

- workers who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in 1986 - 1989 in the evacuation (exclusion) zone, in 1986 - 1987 - in the priority resettlement zone or in the subsequent resettlement zone;

— workers evacuated and resettled from evacuation (exclusion) zones, priority resettlement and subsequent resettlement, as well as those who independently left these zones after the accident at the Chernobyl nuclear power plant;

— donors (who have been issued “Honorary Donor” signs).

Also, according to the law, during a certain period (and this can also be in the summer), the right to be the first to decide exactly when to go on vacation is given to student workers, workers whose wives are on maternity leave, part-time workers, women who are going to go on maternity leave, and some other categories.

In addition, the collective agreement may provide for some other groups of workers who cannot be denied summer vacation. For example, it may be written there that first of all (of course, if desired!) all mothers with children (regardless of whether there is one child or more) go on vacation, and then all other employees.

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You can go on vacation in the first year of work no earlier than after 6 months. This rule does not apply only to those who work part-time, pregnant women before maternity leave, those under 18 years of age, and some other categories. All further leave may be granted at any time during the working year. The law does not stipulate intervals between vacations. The main thing is that you are given vacation every year.

3. WHEN SHOULD VACATION PAY BE ISSUED AND HOW ARE THEY ACCRUED?

By law, vacation pay must be paid to you no later than two days before the start of the vacation (for contract workers - 1 day). Vacation is counted in calendar days, but holidays are not included. For example, if you went on vacation from May 6 to May 16, then May 9—Victory Day—will not be considered a vacation day and, accordingly, you will not receive vacation pay for it (vacation in this case will not be 11 days, but 10). It does not matter whether the holiday falls on a weekday or a weekend.

The amount of vacation pay is tied to the average salary of the vacationer himself. The more you earned during the working (but not calendar!) year, the more you can spend on vacation. For example, you are going on vacation in mid-June, which means that in order to calculate vacation pay, they will take your salary from June of last year to May of this year. The specific amount will be proportional to the number of days you go on vacation. If your average income is 1 million rubles, and you plan to rest for half a month (15 days), then according to the most approximate calculations you can count on about 500 thousand rubles. And the accounting department will calculate the exact amount up to the ruble for you.

4. HOW TO GET MONEY INSTEAD OF A VACATION?

You can replace vacation with money only for that part of your vacation that exceeds 21 calendar days. That is, if you have a vacation of, for example, 29 days, then compensation can be paid for a maximum of 8 days. But before you receive compensation, you must take at least 21 days of vacation. Compensation is calculated in the same way as vacation pay, and you can only receive it after the end of your working year.

In addition, upon dismissal (regardless of the reason), an employee who did not use or did not fully use vacation is also entitled to compensation.

5. WILL YOU BE GIVEN EXTRA REST IF YOU ARE SICK ON HOLIDAY?

If you fall ill during your vacation, then it should be extended to you exactly as many days as are on your sick leave (see Article 171 of the Labor Code). How to use them is up to you to decide: you can take them off right away, or you can postpone them until later or add them to your next vacation (or part of it). But if you had to sit on sick leave with your child, then in this case the leave will not be extended.

6. WHAT TO DO IF YOU ARE NOT ALLOWED TO GO ON VACATION THIS YEAR?

According to the Labor Code (see Article 170), your boss must let you go on vacation every year. However, in exceptional cases, when your going on vacation may adversely affect the work of the organization, part of the vacation may be postponed to the next year. But only with your consent! In addition, this year you should still be given the right to take at least 14 days off.

7. CAN I BE RECALLED FROM VACATION EARLY?

Your swimming in the sea and sunbathing on the seashore can be interrupted only with your consent. Only those employees who work in hazardous conditions or who are under 18 years of age do not have the right to interrupt vacation. Vacation days that were not allowed to be completed can be provided this year or added to vacation next year, and if you want, you can receive compensation for these days.

STAY IN TOUCH!

How many days of vacation are Belarusians entitled to?

By law, vacation in both public and private companies cannot be less than 24 calendar days. And depending on the circumstances, additional days may be added to it:

— for contract workers (up to 5 days);

— for those who work in harmful and (or) dangerous conditions (the number of additional days is determined based on workplace certification);

- for those who have a special nature of work (for example, workers involved in mining, subway construction, aviation personnel, employees of the Bolshoi Opera and Ballet Theater of the Republic of Belarus.)

— those who have irregular working hours (up to 7 days);

- for a long period of work in one organization (up to 3 days - if provided for in an employment or collective agreement);

— in addition, every employer has the right to give employees incentive leave.

In addition, there are categories of workers who always have a vacation of more than 24 days - school teachers, university professors, foster parents - 56 days;

— kindergarten teachers — 30 days;

— disabled people — 30 days;

- employees under 18 years of age - 30 days;

(For a complete list, see the resolution of the Council of Ministers of January 24, 2008 No. 100.)

BY THE WAY

Absenteeism may result in loss of vacation

If you get into the habit of not coming to work without any good reason, your director can easily find a way to punish you. At the same time, even without layoffs! It’s just that your vacation will be reduced by the number of days you missed. But the remaining part of the vacation should still not be less than the main vacation.

QUESTION OF THE DAY

HOW ARE YOU PLANNING TO SPEND YOUR VACATION?

Yaroslav ROMANCHUK, economist, head of the Mises Research Center:

— So far, my summer plans include holding an expert school with my fellow economists on economic modernization. About 40 people will participate; we plan to gather on the shore of some beautiful Belarusian lake and brainstorm to try to solve existing problems. And during the breaks we will admire the beauty of nature and play football.

Inna Afanasieva, singer:

— For now I’m only dreaming about vacation! Too busy work schedule. But in the second half of summer I want to go to France, and then swim and sunbathe in Turkey or Egypt. But I also have a megaplan. I’ll tell you a secret that this is a trip to America, where I plan to combine vacation with work.

Evgeny BULKA, showman and TV presenter:

- I finally want to relax! Leave and turn off your phone. I think that in two years I can afford it. The destination is a sunny, ancient and mysterious country. I don’t know which one yet, but most likely it will be in July.

Mikhail ZUY, actor of the Kupala Theater:

— I’m going to go to the southernmost point of Crimea - the city of Foros. I will live in a tent on a wild beach. And in order to meet the sunrise on the seashore, I am ready to endure the lack of hot water and kitchen.

Svetlana MAKAREVICH, musician:

— Previously, when the children were small, we went on vacation with the whole family as a savage to the Crimea. Now they have already grown up, and my husband and I are planning to go to Truskavets to heal with mineral waters. Let's rest and improve our health.

Alexander YURUT, programmer:

— My girlfriend and I have already bought plane tickets to Barcelona! We fly from Klaipeda, it’s cheaper. We looked for housing via the Internet, got involved with local real estate agencies, and communicated in English. They found us an apartment, something like an apartment, 4 rooms and a shared kitchen. We occupy one room. We will come up with everything else ourselves, the entire entertainment program. My number one plan is the famous Nou Camp stadium, and my girlfriend’s plan is the beach and shopping.

Dmitry LYSYUK, logistics specialist:

— This year I won’t have a vacation! I recently started a new job. I can’t go on vacation now because I’m new and I have a lot to learn. And then, in the fall, they won’t let you go, because the season is starting and there will be a lot of work.

Milena, reader of the KP . BY :

- In the country. At my favorite dacha.