How many days of vacation is an employee entitled to after 6 months of work according to the Labor Code?

Every citizen, after 6 months of working activity, has the right to go on vacation. The legal opportunity for the first paid vacation comes after six months of continuous work in one organization, according to Article 122 of the Labor Code of the Russian Federation. The following rest periods are assigned according to the established vacation schedule, which is drawn up annually in each organization.

Also, there is the possibility of providing the required rest earlier than the established period of 6 months. This opportunity is the right of the employer, so the employee cannot demand vacation days for up to six months.

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Vacation after 6 months of work according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art. 122 Labor Code of the Russian Federation . To use vacation after 6 months of work, the employee's service must be continuous during this time. During this period there should be no layoffs; business trips or sick leave are allowed.

Providing leave after six months is not the employer’s obligation, it is the employee’s right. Before going on vacation, you must agree on the date with your supervisor. At the same time, according to Part 2 of Art. 122 of the Labor Code of the Russian Federation, the categories of citizens listed below may not coordinate it with the leadership.

These include workers:

pregnant women;
minor workers;
employees who adopted a newborn.

After 6 months of work, vacation is granted in the number of days as if the employee had worked a calendar year, or a minimum of 14 days. According to the law, you need to decide on vacation before the 11th month of work, since the 12th month is already considered the time of paid vacation.

How many days are there?

An employee must take his first vacation within a period of six months to a year of work. Control over this process rests with the employer. In case of violation of such a norm, it is he who is responsible before the law. Once every two years, an employee can refuse to rest and ask for compensation for these days.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

How many days must an employer provide for rest? Based on Art. 115 of the Labor Code of the Russian Federation, an employee is entitled to 14 days after six months of work. Employees listed below are entitled to additional rest time:

working in difficult, harmful, dangerous conditions;
employees in educational institutions;
minor employees;
having irregular working hours.

Its duration is determined based on belonging to a certain category.

Does an employer have the right to refuse leave after 6 months of work?

Leave is granted by the employer upon application by the employee. You can not allow someone to go on vacation only if there are compelling reasons for this, if there is no one to replace the employee. The employee agrees on the date, since the employer has the right to postpone the rest period to another period if necessary.

Features of the first vacation

After six months of working at a particular enterprise, a person gets the opportunity to go on vacation. This rule is enshrined in law, but it does not prohibit the employer from allowing the worker to rest before the specified period.

In addition to annual paid leave, after 6 months of continuous service, it is permissible to take days at your own expense. For such a vacation, an application is written in the same format as for the main type of vacation. Management is not obliged to provide leave without pay, but the following categories of citizens cannot be denied:

For pensioners;
Persons with disabilities of any group;
Employees who have a valid reason (birth of a child, wedding or funeral of a close relative).

The length of vacations varies. If a disabled person can request up to 60 additional days per year, then 5 days are allocated for marriage registration.

A woman has the right to go on maternity leave even the next day after employment. The main thing is to have with you a certificate from the antenatal clinic indicating the start date of the maternity leave . This period may be immediately followed by maternity leave. If a woman worked for the company for six months before her maternity leave and did not take another vacation, then she can add it to the break under the BiR.

Persons receiving education for the first time can also take advantage of the right to extraordinary leave. Employers are reluctant to provide such rest periods, but are required to do so. Some managers, breaking the law, persuade their employees to take another vacation instead of study. This benefits the company, but not the employee.

How many days are there?

There are no restrictions on the number of vacation days. That is, according to the law, a citizen can take the entire rest period allotted to him, which in most cases is 28 days . But in this situation, half of the vacation will be provided in advance, which the employer does not always agree to. Thus, most often, half of the total period is taken - 2 weeks for a standard vacation.

Article 115 of the Labor Code of the Russian Federation provides a list of citizens who have an annual leave of longer duration in calendar days:

Workers involved in heavy and dangerous industries;
Educational staff;
Minor citizens;
Employees with irregular hours.

Some enterprises also have longer vacation periods for certain employees. This is important to consider when determining how many days of vacation you are entitled to.

If the duration of vacation is standard - 28 days , then for each month worked, 2.33 days of rest are accrued. 15 days within, for example, August, then the month will not be taken into account, since the person was registered for less than half of the period. 16 days in the same August 2.33 days would be accrued for the entire month .

How many days of vacation are you entitled to after 6 months of work?

After working for a certain period of time, the employee has a question about vacation. The legislation of the Russian Federation describes the right to rest for employees. After what period of time does the organization give rest, and how do they calculate the number of days? What is the procedure for completing it? Can an employer refuse to provide it, and what are the possible consequences? All these nuances will be discussed later in the article.

Vacation after 6 months of work according to the Labor Code of the Russian Federation

122 Labor Code of the Russian Federation. To use vacation after 6 months of work, the employee's service must be continuous during this time.

During this period there should be no layoffs; business trips or sick leave are allowed.

These include workers:

pregnant women;
minor workers;
employees who adopted a newborn.

How many days are there?

working in difficult, harmful, dangerous conditions;
employees in educational institutions;
minor employees;
having irregular working hours.

Its duration is determined based on belonging to a certain category.

Does an employer have the right to refuse leave after 6 months of work?

This is important to know: Compensation for unused vacation during maternity leave

How is the calculation made?

There are three components to consider:

billing period;
average daily earnings;
number of days of rest.

The employee's pay period is determined taking into account the time worked. If the employment was six months ago, it is equal to 6 months. To calculate average earnings, all wages that were paid during the billing period are summed up. The resulting number is divided by the number of days worked by the employee.

Total salary = 12500*3 + 18000*3 + 5000 = 96500.
Average earnings per day = 96500/29.3*6 = 549.
Vacation pay = 549*14 = 7686.

For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.

Sample application

New changes in legislation do not establish a unified application form. Important data such as:

Full name and position of the manager, company;
Full name and position of the employee;
document's name;
request to provide leave, start and end date;
date and signature.

After 6 months of work, the law requires vacation, which is paid. It is available in full, regardless of working for less than a full year, and is calculated based on the billing period and average earnings.

If you have any questions, consult a lawyer. You can submit your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

How does registration work?

If an employee decides to go on vacation after 6 months, he, first of all, needs to notify management about this. It is impossible to suddenly stop performing work functions and demand paid time off in such situations. Otherwise, disciplinary measures may be applied to the employee, and in case of gross violation of the contract, dismissal.

Many enterprises have a vacation schedule. It determines the order in which different employees go on vacation. This method is the most effective, as it eliminates complications. Those who do not know how much they need to work to go on vacation are advised to take this into account.

The approved schedule is a normative document that cannot be violated. Therefore, it is prohibited to send an employee on vacation, provided that he is not included in it.

Annual leave is issued on the basis of an application. It is recommended to submit it no earlier than 2 weeks before the specified date. Otherwise, the risk of failure increases. If management agrees, a corresponding order is issued. It indicates the duration and other information about the vacation.

This order is also issued under the current schedule. The employer notifies the employee that he must go on vacation. This is done in advance, including for the employee to decide whether he wants to go on vacation or receive financial compensation.

Advice! After the corresponding order has been issued, the amount of vacation pay is calculated. They must be issued on the last day that the worker is on site. In the overwhelming majority of cases, a citizen is released from work for only 28 days.

Right to vacation after 6 months of work

According to Article 122 of the Labor Code, the right to company-funded vacation becomes available to an employee after 6 months of constant work with one employer. There should be no layoffs during this period, since termination of the contract involves the provision of a full payment, including compensation for unused vacation days. As for sick leave, they do not interrupt the length of service for vacation.

Taking leave after 6 months of work is the employee’s right, but not the employer’s obligation. An employee can work continuously for 11 months and then use the full amount of vacation. Along with this, it is permissible, at the request of superiors or on personal initiative, not to take days off during the first year of work.

But according to the law, it is impossible to work for more than two years without rest; the employer faces an administrative fine for this.

Some categories of employees have the right to leave before the end of 6 months of work. These include in particular:

Employees under 18 years of age;
Women expecting a child;
Men after the birth of a baby in the family;
Part-time workers if they have scheduled leave from their main job.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If you agree with your superiors, you can rest in advance without any compelling reasons. This is risky for management, since during the vacation period the employee is paid a salary for all days that have not yet been worked out.

If a person decides to leave before compensating his boss for vacation days, the company will remain in the red. Management cannot refuse an employee to terminate a contract or oblige him to pay compensation.

In accordance with Article 125 of the Labor Code of the Russian Federation, after 6 months of continuous work, an employee can go on vacation for 14 days, but with agreement with the employer, the period can be increased.

What to do if the manager refuses leave after 6 months

The Labor Code of the Russian Federation establishes that the right to rest on a general basis arises after six months of work for one employer. In this case, many employees mistakenly believe that management should provide them with days of rest immediately after the expiration of 6 months of continuous performance of a labor function. However, in practice this is absolutely not the case.

The thing is that in every organization where hired employees work, an appropriate schedule is approved, which is approved in advance. When compiling it, both the interests of employees entitled to annual leave and the interests of the employer, who requires a certain number of active staff positions to carry out business activities, are taken into account.

Thus, in practice, it can be provided significantly later than the date on which the six-month period ends.

However, certain categories of employees have the right to go on vacation without taking into account the corresponding schedule. For example, these are minors. They have the right to independently determine the time of vacation at their own discretion.

If an employer denies the right to rest without any reason, this is a violation of labor laws. In this case, the employee has the right to file a complaint with the labor inspectorate, whose specialists will conduct an inspection of this circumstance.

If the illegality of the refusal is confirmed, the employer will be given an order to eliminate the violation, and may also be held accountable. In addition, an employee can go to court to protect his rights.

Persons working under an employment contract have the right to vacation

All employees of the organization working under an employment contract have the right to paid leave for each year worked (Article 122 of the Labor Code of the Russian Federation). Moreover, an employee can take his first vacation after six months of work, counting from the date of employment. This is a legal requirement.

In principle, you can go on vacation without waiting for six months to expire from the start of work. If the administration of the organization does not mind, then the employee can be provided with leave in advance. Moreover, in most cases, providing leave in advance is the right of the organization. Only in some cases can vacation of up to 6 months of continuous work in a company be granted (for more details, see “Vacation of up to six months of work under the Labor Code of the Russian Federation”).

Let us clarify that vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment. Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.

For more information, see “Granting leave: calendar or working year.”

Right or obligation of the employer?

Is an employer required to provide vacation after 6 months of work? This issue often becomes a stumbling block between the interests of the employee and the employer.

The latter may mistakenly believe that he is not obliged to provide it immediately after the period of 6 months from the date of employment. However, it is not. An employee has the right to go on vacation for 14 days after working for more than 6 months.

However, he can do this later, for example, if an employee in a similar position is on vacation, on sick leave, etc.

Refusal to provide rest time for an employee may result in an appeal to the competent authorities with subsequent inspections.

How much?

The Labor Code establishes a minimum duration of 28 calendar days.

Important! 28 days of vacation time are due for each year worked at work.

Moreover, the working year is taken minus the following periods:

absenteeism;
inadmissibility to work due to the fault of the employee;
child care time up to 3 years;
leave without pay in excess of two weeks.

To calculate how many vacation days are due for each month worked, you need to use a simple formula.

Vacation for 1 month = Total duration for the year / 12 months.

That is, the annual duration is divided by the number of months in the year.

In most cases, for employees who do not belong to special categories with an increased length of vacation time, they have the right to count on 2.33 days of rest per month (28/12).

It is this rounded number that is used by the personnel specialist when calculating the required number of vacation days at a specific point in time.

An employee does not always request leave clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the time worked, and for this the number of vacation time per month will be useful.

This indicator is also useful when calculating compensation upon dismissal, when the vacation period in months is determined, which is then multiplied by the required number of vacation days per month. As a result, the total duration of vacation time for the entire period is determined.

Then it is enough to subtract the number of days already used, and the result is the duration for which you need to pay monetary compensation.

An example of using the indicator 2.33

The employee was hired on January 10, 2021, and will go on annual leave from September 1, 2019. How many days of vacation should he be provided and paid for?

The total length of service giving the right to paid rest is established: 7 months. and 23 d. 23 are rounded up to a full month, for a total of 8 months of experience.
The number of allotted rest days is calculated = 8 * 2.33 = 18.64.
Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation duration.

For an incomplete monthly period

With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are due, or no vacation is provided at all. There can be no other cases.

This is important to know: Is it possible to fire on the last day of vacation?

If an employee worked less than 15 days in a month, then this period is not the basis for assigning vacation time.

If 15 or more hours are worked, then it is recognized as a full month and is compensated by 2.33 days of rest.

This point is usually interesting when an employee is dismissed, when it is necessary to calculate compensation for unused time, as well as when vacation is taken for an incompletely worked year.

The employee will resign on February 7, 2021. Vacation experience is 2 years, 4 months and 16 days. During work, 42 days of rest were used. It is necessary to establish for what period compensation must be paid upon dismissal.

Vacation experience is calculated in full months (16 days are taken as a month, since more than half of it has been worked), the total length of service is 29 m.
The allotted vacation time for this period is calculated: 29 * 2.33 = 67.57.
The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be calculated.

Who is entitled to a longer rest?

Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter by dividing the annual duration, taking into account the main and additional components, by 12.

The following persons may be included in this category:

minors;
disabled people;
doctors;
teachers;
police officers;
judges;
working in dangerous and harmful conditions;
civil servants;
workers with irregular work schedules, as well as a number of others.

How much per year?

Each regular employee is entitled to 28 paid days. Holidays are not taken into account here, i.e. red days of the calendar.

This refers to the main leave, which, according to the Labor Code of the Russian Federation, is paid to each employee, while maintaining his job.

In addition to this, some are entitled to additional days of rest.:

7 – People whose work is associated with harmful and dangerous production.
7 – Workers engaged in specific work with a special character.
3 – If the working day is not standardized.

Workers of the Far North increase their rest by 24 days, and people working in territories equated to the Far North - by 16. All other workers of the North are entitled to 8.

Calculation of vacation pay for six months

Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.

The amount an employee will receive when going on vacation depends on three components:

Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.

It should be noted that when calculating average daily earnings the following are not taken into account:

Sick leave, vacations, business trip payments;
Awards for an anniversary or other holiday;
Compensation for travel and food;
Other additional payments that are not included in wages.

Vacation after six months of work: is it possible?

If an employee, having worked continuously for six months, demands to be allowed on paid leave, the employer does not have the right to refuse him .
Since an employee can use his right to rest after six months of work. But this case has its own characteristics:

Each company has its own algorithm for employees to submit vacation requests, and usually a schedule is drawn up before this. Therefore, when requesting unscheduled leave after working for six months, you need to be prepared for the employer’s refusal. After all, another employee may have scheduled vacation.
The usual length of leave is 28 days. But often the manager divides this figure into parts. This issue must be discussed with employees and agreed upon by both parties.
If an employee quits after working for six months, the manager’s responsibility is to compensate him for unused vacation in cash.
In the case where an employee, after working for six months, goes on vacation, and then quits without working for a year, upon dismissal he must compensate for the amount of vacation that was provided to him in advance.
A minor employee can apply for leave without waiting for the expiration of 6 months.

Cash taken into account when determining the average salary

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Based on the Regulations, the average salary is calculated on the basis of payments made to a citizen by the company (Resolution of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating the average salary”) More details:

earnings - salary, hourly payments, interest on revenue, commission plan awards, etc.;
earnings given to a citizen in kind;
material maintenance provided for the period worked by a state or municipal employee;
payments to people working in the media and cultural workers;
remuneration of teachers for extra time worked, less workload for a given academic year, accrual time is not an important factor;
various types of additional payments - for secrecy, knowledge of foreign languages, extensive experience, class management (for educational institutions);
compensation paid for unsuitable working conditions;
other bonuses and payments.

Excerpt from Decree of the Government of the Russian Federation dated December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating average wages”

Important ! It is worth noting that social compensation is not taken into account - this is material assistance, compensation for lunch, travel, education, etc.

Is it true that taking a vacation in January or May is unprofitable due to the loss of money?

January usually has the fewest working days due to long holidays. For example, last year there were only 15 of them, this year – 17, and it is possible that if the draft Decree of the Government of the Russian Federation “On the transfer of weekends in 2021” is adopted, 17 working days will also fall in January 2021. Why taking vacations during these months is unprofitable is clear from the examples given in question No. 8.

But in the case of the May holiday, it is necessary to take into account the number of working days in this month in a particular year, since it can vary upward depending on the year. So, in May 2016 there were 19 working days, in 2021 - 20, and in 2021 there will probably also be 20 working days. The number of working days in February also varies: last year there were 20, this year – 18, and next year there may be 19.

Calculating vacation pay using a calculator

A competent accountant, knowing the formulas for calculating vacation pay, can calculate the required amount manually. But knowing the formulas alone is not enough; you need to constantly be aware of innovations in the Legislation, monitor the release of new orders and resolutions, and study them. To make the work of accountants and HR officers easier, there are special programs that can instantly make the necessary calculations, taking into account all the updates.

For the convenience of calculations, you can use the online vacation pay calculator on our website.

Sample application

New changes in legislation do not establish a unified application form. Important data such as:

Full name and position of the manager, company;
Full name and position of the employee;
document's name;
request to provide leave, start and end date;
date and signature.

Calculation examples

What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:

Example 1

Example 2

The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2021, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?

Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.

Example 3

The engineer got a job in October 2021, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2021, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?

Example 4

The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?

This is important to know: How many days of vacation do teachers have in Russia?

When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.

Rules for calculating average daily earnings

To clarify the question you are interested in, you must:

First, find out information about the calculation period.
Determine the amount of payments issued to the citizen during this time period.

The calculation includes the calendar year until the start of the vacation.

Accounting for months in the calendar is done like this:

January: from 1st to 30th inclusive.
February: from 1st to 28th inclusive.
March: from 1st to 31st inclusive.
The remaining months are calculated similarly.

When calculating vacation pay, the days worked by the employee before the vacation are taken into account.

Example one . How to find out the calculation period?

A citizen wants to go on vacation from 07/10/19.

How then is the calculation period calculated:

time from July to December '18;
time from January to June '19.

How is the calculation made?

There are three components to consider:

billing period;
average daily earnings;
number of days of rest.

Total salary = 12500*3 + 18000*3 + 5000 = 96500.
Average earnings per day = 96500/29.3*6 = 549.
Vacation pay = 549*14 = 7686.

For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.

How much leave can an employee be given after 6 months of work?

If an employee has worked for 6 months, is he entitled to a vacation of 28 calendar days? How to correctly calculate vacation pay if vacation is granted for 28 calendar days, but the employer plans to pay only 14 calendar days of it?

In accordance with part one of Art. 21 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to rest, which is ensured, among other things, by the provision of paid annual leave. Part two art. 22 of the Labor Code of the Russian Federation obliges the employer to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts. According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. The duration of the annual basic paid leave provided to employees is 28 calendar days.

Paid leave must be provided to the employee annually (part one of Article 122 of the Labor Code of the Russian Federation). That is, the employee has the right to use such leave in the first year of work for a particular employer. The right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer; by agreement of the parties, paid leave can be granted to the employee before the expiration of 6 months (part two of Article 122 of the Labor Code of the Russian Federation). The employees specified in part three of Art. 122 of the Labor Code of the Russian Federation, upon their application, the employer is obliged to provide leave before the expiration of 6 months of work.

Labor legislation does not provide for the possibility of providing annual paid leave in proportion to the time worked by the employee. An exception is the case when leave is granted with the subsequent dismissal of the employee before the end of the working year for which the leave is granted (part two of Article 127 of the Labor Code of the Russian Federation). In addition, in proportion to the time worked in harmful or dangerous working conditions, additional paid leave may be granted for work in appropriate conditions, since the vacation period in this case includes only the time actually worked in harmful or dangerous working conditions (part one of Article 117, part three of article 121 of the Labor Code of the Russian Federation).

If an employee quits before the end of the working year, for which he has already received annual paid leave, the employer will have the right to withhold from the employee’s salary part of the average earnings paid for unworked vacation days. However, such deduction is impossible if the employee is dismissed on the grounds provided for in paragraph 8 of the first part of Art. 77 or pp. 1, 2 or 4 parts of the first art. 81, pp. 1, 2, 5, 6 and 7 tbsp. 83 Labor Code of the Russian Federation.

Please note that annual paid leave can be divided into parts, and at least one of the parts of this leave must be at least 14 calendar days. However, such a division can only take place by agreement between the employee and the employer (part one of Article 125 of the Labor Code of the Russian Federation). The employer does not have the right to unilaterally divide annual paid leave and provide the employee with only 14 days of such leave.

Expert of the Legal Consulting Service GARANT

How many days of vacation will be after six months of work?

Typically the vacation lasts 28 days.

The final period of rest for an employee is agreed upon with the head of the organization. In a situation where an employee has worked for less than 6 months and requires vacation, the calculation is carried out for the actual time, that is, 2-3 days of vacation for each month.

According to Article No. 21 of the Labor Code of the Russian Federation, an employee has the right to his personal rest, which is ensured, among other things, by providing him with guaranteed payment for annual leave.

The Russian Labor Code obliges the employer to strictly comply with the regulatory framework in the field of work relations and other legal acts, which contain aspects of basic laws and relevant documents, as well as the terms of collective agreements and agreements.

We suggest you read: Vacation before maternity leave, how many days

According to Article No. 114 of the Labor Code, employees are provided with annual leave while maintaining their job and their position, and, in addition, their average income. The duration of annual breaks of basic paid leave, which is provided to employees, is twenty-eight calendar days.

So, is vacation after 6 months a right or an obligation? Let's figure it out.

Right to vacation

Paid leave must be granted to the employee every year. That is, a citizen has the right to use such a break in the first year of his work activity with a specific employer.

The opportunity to take leave for the first twelve months of work arises for employees after six months of continuous work with a particular employer. And according to the agreement of the parties, leave with subsequent payment is given to the employee even before the expiration of six months.

For all employees referred to in Article No. 122 of the Labor Code of the Russian Federation, based on their applications, the employer undertakes to provide leave after 6 months.

Labor legislation does not provide for the possibility of providing paid leave every year in proportion to the period of time worked by the employee.

The exception is cases when the opportunity to rest is given with the subsequent dismissal of the citizen before the end of the working year for which the leave is granted.

In addition, in proportion to the time worked in dangerous or harmful working conditions, additional paid rest periods may be allocated for work performed in such inconveniences. In this case, only periods of time actually worked in harmful and dangerous working conditions are included in the vacation experience.

How many days?

Thus, it turns out that after six months of regular work with a particular employer, the employee who has been granted leave has the right to receive basic paid rest in full, namely for a total duration of twenty-eight calendar days annually. Many people are interested in whether vacation after 6 months is the right or obligation of the employer.

The Labor Code of the Russian Federation does not take into account the possibility of granting partial annual leave in kind with payment, that is, in proportion to the time worked in a particular working year. Based on this, vacation, which is considered regardless of working hours in the year, is provided in full, namely within the established duration.

So, Article No. 122 of the Labor Code of the Russian Federation talks about the annual provision of paid leave after 6 months; the employer has absolutely no reason to pay only for part of such rest, which is fourteen calendar days.

In such a situation, the boss undertakes to pay for all twenty-eight days that fall during the period of the employee’s annual basic leave with subsequent payment.

All calculations for average earnings, which are maintained during the rest period, are calculated in accordance with the rules established in Article No. 139 of the Labor Code, in particular the provision of various features in the procedure for calculating the average salary.

If an employee quits before the end of the working year, for which he has already been allocated annual paid rest, the employer has the full right to make a deduction from the citizen’s salary, namely, to take away part of the average income issued for unworked rest days.

It is important to note that annual paid leave can be divided into parts, but on the condition that at least one of these sections must be at least fourteen calendar days.

Although such a division can only be carried out by agreement between the employer and his employee on the basis of Article No. 125 of the Labor Code.

The employer does not have the right to unilaterally divide paid leave annually, or to allocate the employee only fourteen days of this rest.

We understand the issue of whether vacation after 6 months is the right or obligation of the employer.

As already mentioned above, paid rest must be provided to the employee every year, and the right to use such a break for the first twelve months of work appears to the citizen after six months of his regular work with a particular employer.

Leave for the second, as well as subsequent years, can be used at any selected time according to the order of provision of regular paid leave, which is established by a particular employer.

Employees who were hired by the institution after the vacation schedule was approved go on vacation not according to its parameters, but according to the corresponding statements.

Let's consider the question of whether there is a right or obligation under the Labor Code to leave after 6 months.

Mutual interests

Along with this, when granting such leave, both participants in the labor relationship - both the employee and his employer - must take into account the mutual interests of each other, and, in addition, the possibility of agreeing on the initial date of rest.

The employee, of course, does not have the right to determine the date of going on vacation independently, or to go on it without permission.

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Exceptions include some specific categories of citizens who can take leave without taking into account the opinion of their employer, for example, employees who are under eighteen years of age and so on.

Right or obligation – employee leave after 6 months?

Thus, it should be concluded that, of course, a full-time employee has the full right to receive leave upon expiration of six months of work with a particular employer. In addition, if a citizen turns to the employer with an application to provide him with time to rest, then the management does not have the right to refuse him this.

In the event that the allocation of vacation, in the opinion of the management, may adversely affect the normal and successful course of the institution’s activities, then the employer can only in the form of a proposal ask his full-time employee to transfer the vacation to another more suitable period of time, while explaining to the citizen the current situation at the enterprise unfavorable situation. But, if the employee does not want to agree to such a transfer, then the employer simply does not have the right not to let him go on the desired vacation.

In standard situations, workers have the right to the first annual rest after six months of continuous work from the moment of official employment at a new enterprise.

By mutual agreement of the employer and his employee, the first annual rest may be granted before the citizen completes the required length of service for six months, as stated in Articles No. 122 and 177 of the Labor Code of the Russian Federation.

How many days of vacation after 6 months is an employee entitled to according to the Labor Code?

The employer is obliged to provide leave before the end of the six-month period at the request of its employee only in exceptional situations in relation to certain categories of citizens, namely:

employees who have not yet turned eighteen years of age;
women who are on the verge of immediate leave due to pregnancy and childbirth and after them, including, and, in addition, upon completion of the required period of child care;
employees who adopted infants under three months of age;
husbands while their spouses are on leave due to pregnancy and childbirth;
veterans;
Chernobyl victims;
wives of military personnel;
part-time workers

Leave for the second and subsequent working years can be provided to employees at any time based on vacation schedules. As for the categories of employees who constitute an exception, for them this is carried out taking into account their wishes, regardless of the existing schedule.

Is it possible to get leave after 6 months of work for an employee who decides to transfer to another organization?

What happens to the length of service that gives the right to annual leave if a citizen enters work as part of a transfer from another enterprise? In such a situation, the accumulated experience, which would give the right to leave, is not preserved when an employee is transferred from one institution to another. That is, it turns out that citizens will have the opportunity to provide rest only when they have been working in a new specific organization for six months.

The fact is that upon transfer, the employment agreement with the previous enterprise is completely terminated, and at the new place of professional activity a new contract is concluded with the employee, as stated in Article No. 77 of the Labor Code.

The direct right to receive a period of rest is granted to the employee only upon completion of six months of his work in the institution that sends him on vacation. How is vacation calculated after 6 months of work? According to the employee's average monthly salary.

Is it obligatory?

If an employee does not fall into any category, full leave is granted to him after six months.

employer's consent;
one of the parts of the vacation must be at least 14 calendar days (Part 1 of Article 125 of the Labor Code of the Russian Federation).

How many days of rest can an employee who has worked for six months or more take?

Newly employed citizens should always know how many days of vacation are due after 6 months of work according to the Labor Code. According to Article 115 of the Labor Code of the Russian Federation, in the standard case it is 14 days.

However, there are certain categories of employees for whom the duration of total annual paid leave exceeds 28 days. They may be given a different duration of rest after working for more than six months in a new place.

The final calculation of the duration of vacation can be done in the employer’s human resources department.

The procedure for granting vacation days

To get the opportunity to rest after working for 6 months, it is advisable to draw up an application.

The entire process for the employee will require a certain execution sequence:

drawing up an application for leave indicating the duration and date of the first day or exact time limits;
approval of the application from the manager;
submission of an agreed application to the HR department;
signing of the order by the interested party.

Leave 6 months after employment is granted only after all documents have been completed. In some organizations, if an employee goes on vacation as scheduled, filing an application is not required. If the company has a vacation schedule and the employee does not fit into it, an additional application for transferring rest days will be required.

However, if an employee came to work this year and is not included in the schedule, then after 6 months of service he can go on vacation as agreed with the employer.

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Features of provision

Vacation is not only the right of the employee, but also the direct responsibility of the employer. To refuse to provide an employee with guaranteed rest, compelling reasons are required. There are very few of them, and they are strictly regulated by current legislation. Therefore, in most cases, if management does not want to give leave 6 months after employment, this is a violation.

Legal standards

All aspects of providing employees with rest are described in the Labor Code of the Russian Federation. This document acts as a guarantor of respect for the interests of employees.

To find out when leave is due under the Labor Code, you should refer to Article 122. Its clauses guarantee the possibility of taking annual paid leave. Moreover, an employee can demand it after he has worked in a new place for a certain amount of time.

It is important to note that the Labor Code of the Russian Federation does not exclude the possibility of taking the first vacation after getting a job and earlier than 6 months. But in this case everything depends on the personal desire of the management. If an employer agrees to send a person who has worked for less than six months on another vacation, this is his legal right. The employee himself, if he has been at the new place for less than the specified period, cannot demand time off.

Basic conditions

Article 122 describes in detail the order in which the employer must give leave. In case of violation, the employee can file a complaint, referring to the relevant paragraph of the Labor Code.

Among the main conditions are the following:

Leave must be given annually;
The minimum period of rest is 28 days;
Annual leave is paid by management;
The company draws up a schedule according to which employees are sent to rest.

It is important to know! The same article determines when the first leave is due. Based on the employee’s personal application, it can be provided after 6 months of work.