Does an employee have the right to split his vacation and extend the number of vacation days by 2 days off?

In what parts can you take annual leave?

InfoIn general, the procedure for granting annual leave is as follows:

• The employer notifies the employee about the upcoming vacation 2 weeks before it starts;
• The employee writes an application requesting leave;
• The manager certifies the application with a signature and seal, issues an order, then transfers vacation pay no later than 3 days before the start date of the vacation.

Some organizations may provide one-time financial assistance for vacation. The possibility of providing it and the amount must be indicated in internal regulations, and the money must be transferred along with vacation pay. How are weekends and working days counted in the vacation structure? Employers do not have the right to independently determine vacation dates for their employees, so they can rest at any time in accordance with the schedule.

Possibility to take vacation in parts without taking into account weekends

List of messages IP/Host: 94.100.83. Registration date: 05/08/2008 Messages: 3,311 Is it possible to take VACATION excluding weekends? According to Labor Code, vacation is 28 calendar days. Accounting thinks so - there are 8 days off in 28 days. This means they should be included in the vacation. Otherwise, everyone will start taking one day of vacation and will have 4 more days off, since one part must still be at least 14 days. As a result, employees taking 3 days of vacation are asked to take 5 — including weekends. IMHO - one part is no less than 14 about the others - nothing is said - you can take them for 2 days and nowhere is it written that weekends should be added to them. Which is correct? #1 IP/Host: 88.210.50. Re: Is it possible to take HOLIDAY without including weekends? Mandatory 14 days in a row, and then by agreement with the employer. If he doesn’t mind, then we can actually take at least one day at a time.

What can you do without breaking the law?

Of course, no one will tell you what to do correctly in this case. However, there are some options that the employer and contractor can discuss between themselves.

First of all, this is the conclusion of a civil contract. The employee can use the rest period, including annual leave, as he wishes. It is also possible to draw up this agreement not only with the employer, but also with another company.

It is important to understand that this contract is concluded only for specific work, that is, the employee must provide results during the validity of the contract itself. For example, it is necessary to submit accounting documentation within a specified time or write instructions for programs.

If the subject of the contract is your responsibilities, then it is an employment contract. In this case, it is impossible to replace vacation with payment of financial compensation. In other words, such actions are considered illegal.

Dismissal.

This method, although risky, is possible. If you do not go on vacation and quit, the employer must compensate vacation pay in cash. However, in this case you need to be confident in employers.

Eg,

the dismissal, receipt of funds, and subsequent hiring of you are stipulated. It is possible that the employer will not hire you again. Therefore, this method can only be used if you have full confidence in your leader. Moreover, it is possible to change the terms of the employment contract. It is also better for the employee to keep an eye on this.

Prize.

This option is also possible. If management is ready to provide financial incentives for active work, you can ask for a bonus. You need to agree in advance that you will do more work during the “vacation period”.

If you can work remotely, take your work home. In return, you can count on a bonus from management. As a result, you will do the work, go on vacation, and receive money.

Dividing vacation into parts

Then vacation pay should be paid to him specifically for these 5 days, and June 25 and 26 will be regular days off for the employee. An employee, having thus divided his second 14 days of vacation, can, in a certain sense, increase his vacation, although only by 4 days (for 2 pairs of days off). But in any case, he will be paid vacation pay only for 28 calendar days during the working year.

Let us note that if an employee once took such a short weekend leave for some reason, this is unlikely to cause complaints from the inspectors. But inspectors will probably look at permanent holidays on weekends with suspicion.

If the employee takes vacation only on weekends

There is a practice in Russian organizations to provide employees with 2 days of leave, which must fall on weekends. That is, once a year, an employee, as expected, takes a vacation for 2 weeks. And the remaining 14 days are used, for example, 2 days (Saturday and Sunday) for 7 weeks.

After all, if you literally read the norms of the Labor Code, then the division of leave into parts can be organized in any way, as long as both the employee and the employer agree with it. And weekends are included in the vacation granted in calendar days. And vacation can also begin on a day off.

This is important to know: Is financial assistance included in the calculation of vacation pay?

And yet, leave cannot be granted in this way. Because the employee does not actually use his vacation: weekends, even without writing a vacation application, would be non-working days for him, that is, they would be rest time for him. And in accordance with the Labor Code of the Russian Federation, the types of rest time are (Article 107 of the Labor Code of the Russian Federation):

• breaks during the working day (shift);
• daily (between shifts) rest;
• weekend;
• non-working holidays;
• vacation.

That is, along with days off, the employee must also have vacation. In addition, this kind of vacation for 2 days will look extremely strange in the vacation schedule, which is drawn up a year in advance (Article 123 of the Labor Code of the Russian Federation).

Is it possible to take a vacation for 5 calendar days?

Situation 1. The employee wrote an application for leave for a full week - from June 20 to June 26, 2021.

This period includes both weekdays and weekends. If the employer does not mind, then the employee must be given and paid leave for all 7 calendar days. This is perhaps the simplest situation that does not raise any questions. Situation 2. The employee wrote an application for leave from June 20 to June 24 - 5 calendar days, which according to the calendar are working days. Formally, the employee has the right to do so. And it is impossible to force him to write a statement for the whole week with the “capture” of weekends.

Where to go if the employer has not accrued vacation pay?

Knowledge of labor law rights will help you insure yourself against unscrupulous employers who may commit violations regarding the accrual of vacation pay, time off, etc.

Each employee has the right to one vacation per year in full - 28 days. The total number of days cannot be less, provided that he has worked for more than six months.

The number of days off is taken into account in the overall calculation of vacation, but if there are holidays during this period, then it is extended by their number.

An employee has the right to file a complaint against his employer

If the money is not paid on the appointed day, the employee has the right to file a complaint.

1. You must write a statement indicating the start date of your vacation.
2. Submit to the labor inspectorate.
3. If the complaint is not resolved, the applicant has the right to go to court.

There is also a separate category of professions where preferential leave is provided. These include educational workers and doctors.

The right to decide how to manage days off and when to take them rests with the employee. If an employee has been in an employment relationship with the company for a year, then he has the right to take his entire vacation.

The only condition remains that one part cannot be less than two weeks old

This is important to know, because many employers, taking advantage of the incompetence of employees, insist on dividing the rest into several parts. For production, this approach is the most convenient, but it directly violates the rights of the employee.

Also find out whether sick leave is included in the pay off upon dismissal? Features of the newsletter compensation.

The right to take a vacation comes 6 months after hiring.

The vacation schedule and its start date must be agreed upon with management. Based on the wishes of the employees, the HR department draws up a schedule and calculates the payment scheme. This must be done for two reasons. Firstly, to distribute the fund evenly, and secondly, so as not to disrupt the production process.

Regulatory documents

When is it possible to divide vacation into parts: law, rules, features

He used the first part (14 days) in June, and decided to divide the second into two more parts: he took seven days off in September, and the same amount in December. Option 2: Rescuer Nikishov V.S. took 15 days of vacation when he was entitled to 35 days. He still has 20 days of rest, and he divides them into 4 parts of 5 days.

When splitting vacation, you should take into account your field of activity: there are industries in which such division of less than 7 days can negatively affect the production process and work regime: someone will have to replace an employee who systematically goes on vacation. It is for this reason that everything should be done only with the permission of the manager. Is it possible to share vacation: what does the law say? In Art. 125 of the Labor Code of the Russian Federation directly states that one of the parts of the vacation must be at least 14 days, and the second can be divided into any segments.

Registration date: 07/22/2008 Messages: 101 Re: is it possible to take VACATION not including weekends? Dear Alex-Kor, I know very well that we have no irreplaceable people. But we have a bunch of different inspections that an offended employee can go to. You cannot focus only on constant and never-ending profits and use workers as material. Therefore, don’t add all your “mommy’s” and “daddy’s” children here. The question is somewhat different.

In this regard, sometimes organizations try to force employees to take vacations for shorter periods using various kinds of tricks. For example, they prescribe the corresponding condition on the mandatory division of the second 14 calendar days in the local regulatory act (LNA) of the organization. However, LNA norms that worsen the employee’s position in comparison with established labor legislation are not subject to application (Art.

This is important to know: Tax deduction on vacation pay

8 Labor Code of the Russian Federation). The considered requirements for mandatory division of vacation contradict the provisions of Art. 125 Labor Code of the Russian Federation. Therefore, their employees, in general, can simply ignore them. And in the event of a conflict with management, inspectors from the labor inspectorate will also point out the illegality of the LNA norms. Vacation by weekdays and weekends Thanks to the possible division of vacation into parts, employees use their vacations differently.

Is it possible to take a vacation of 5-7 days in parts?

Registration date: 06/06/2008 Messages: 7,520 Re: is it possible to take VACATION not including weekends? An anonymous user Writes: It’s time for the boogers to remember that they are not employers and what does that have to do with it. sm11: but even just one day at a time…. so you won’t benefit much, the salary will still be calculated according to the timesheet.: sm14: #9 IP/Host: 193.200.150. Re: Is it possible to take HOLIDAY without including weekends? Bukh2. Writes: Anonymous user Writes: It’s time for the boomers to remember that they are not employers and what does that have to do with it. sm11: but even just one day at a time….

so you won’t benefit much, the salary will still be calculated according to the report card.: sm14: Despite the fact that many accountants/HR officers often try to solve the decree with their smartest heads. the question is for the employer - although the employer is not averse to making concessions to employees #10 IP/Host: 92.36.23.

Also, the Labor Code of the Russian Federation does not say anything about how many calendar days should fall on weekends and how many on working days. Therefore, when using vacation in parts, vacation days can fall on both weekdays and weekends. Are there any restrictions on dividing vacation into parts? But, in addition to the possibility of dividing vacation into parts, Article 125 of the Labor Code of the Russian Federation also establishes restrictions - division of vacation is possible only by agreement between the employee and the employer.

Thus, if an employee wants to take vacation in parts, he will have to agree with his boss on its duration, because The employer reserves the right to disagree with this option for splitting the vacation. After all, from the employer’s point of view, such a breakdown of vacation into parts is not rational.

Insurance LawPermalink

If you have worked at this enterprise for 7 months, then you already have the right to vacation accordingly. with Article 122 of the Labor Code, which states that an employee has the right to use vacation for the first year of work after 6 months of work in this organization. In this case, you are granted vacation regardless of the vacation schedule. And if you have been working in this organization for several years, then the vacation will be in accordance with the vacation schedule - Article 123 of the Labor Code. By agreement with the employer, you have the right to divide your vacation into parts - Article 125 of the Labor Code of the Russian Federation, so that at least one of its parts is at least 14 days. That. , in general, vacation is divided into parts only when an agreement on this is reached between the employer and employee. If an agreement is not reached, the vacation cannot be divided into parts. Good luck!

There are 2 problems here: 1) You are required to go on vacation in accordance with the vacation schedule. If your 2-day vacation is not provided for in the schedule, then the employer has the right not to let you go on vacation 2) If you agree with the employer, then there may be another problem if you have previously taken vacation in parts. The fact is that leave can be granted in parts, but one of the parts must be at least 14 days. If you have already chosen 14 days in parts, then Alas, only for 14 days. LABOR CODE OF THE RUSSIAN FEDERATION Article 123. The order of granting annual paid leave The order of granting paid leave is determined annually in accordance with the leave schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

Millions of Russians are having problems with their vacations

The pandemic has forced Muscovites to work like children: according to opinion polls, in the past 2021, 66% of respondents were not on vacation at all. The majority explained that they do not have enough financial resources for a vacation, some are afraid of getting sick and prefer to stay at home, or would like to go to another country, but the borders are closed. These trends, apparently, will carry over with us into 2021.

One more thing will be added to them - a lack of vacation days. As labor law specialist Svetlana Luganskaya explained in a conversation with an MK correspondent, in the past year, cases have become more frequent when the vacation schedule was drawn up without the active participation of employees (since everyone remains remote), and many found themselves at a disadvantage.

– The rights of employees are regulated by Articles 124 and 125 of the Labor Code of the Russian Federation, and the main thing that should be taken into account when determining vacation dates is a pre-drawn schedule. However, in the event of an emergency, the employer can independently draw up a schedule and decide who will rest and when.

His duty in this case is to notify employees at least 14 days before the start of the vacation. Therefore, the employer has the opportunity to decide everything independently. The employer cannot completely refuse leave, nor can it send you on leave without pay. However, in many organizations such issues were resolved verbally, and employees “accommodated”, fearing to completely lose their jobs, the lawyer explained.

Muscovites interviewed by MK also talk about similar practices.

“We have a “cunning” system of charging money at work. Our salaries are not very large, but we always receive a significant bonus in addition to vacation pay - this is a management decision, a kind of payment for sanatorium treatment. Therefore, going on vacation in our organization is very profitable. This year, of course, no one went anywhere much, but many have already spent their 28 days completely - precisely in order to get money,” 46-year-old Marina shared her experience.

“In the company where I work, all employees were asked back in April to fill out applications for paid leave for all 28 days at once - well, or whoever had how much was left. It was assumed that we would work in a simplified mode remotely, which is actually a vacation. Nobody knew that everything would drag on for so long. As a result, now our entire team, which is about 50 people, was left without vacation for the entire coming year. At first it seemed to us that this was not a problem - they say, anyway, the pandemic does not encourage travel. Now I understand that I wouldn’t refuse a vacation at home,” said 33-year-old Muscovite Irina.

By the way, the idea that the pandemic is not conducive to vacation is not so new - many Russians voluntarily refuse vacations for this very reason. As psychologist Anastasia Alexandrova noted in a conversation with an MK correspondent, suspiciousness and an unstable situation are the problems that do not allow people to go on vacation.

“I’ll leave it to infectious disease specialists to speculate on how dangerous traveling during a pandemic really is.” I can only talk about how people perceive them. Although for almost a year we have become accustomed to the new rules of life, many still have an uncontrollable fear of large crowds - people are sure that even if they do not go down to the Moscow metro, they will certainly get infected at the airport! The next question is food: this year many people have refused to eat out because they are not sure whether the fork or glass is disinfected. Accordingly, such people will not be able to go to a cafe on vacation. Here you can add the fear of visiting museums, beaches, and other public places... Constant anxiety does not go well with a vacation, so many will prefer to stay at home.

In addition, the simplest reason remains - no matter how you look at it, it all comes down to a financial issue. Last year 2021, 32% of Russians complained about a decrease in income (according to a survey of one of the recruiting firms), and for half of them, income fell by more than a quarter. In the current circumstances, people are forced to significantly reduce all unnecessary expenses - but travel, despite all its pleasantness, has never been mandatory for anyone. The only trick that can help out in a difficult situation is the decision to go on vacation during the “low” unpopular season. Olga Zaitseva, a specialist in individual selection of tours, spoke about this in a conversation with an MK correspondent:

– For those who are still in the mood for a vacation, but are significantly limited in funds, I would recommend thinking about a trip in March or April. No later than the May holidays, then the peak season will begin. In the southern regions of Russia at this time it is already quite warm, you can walk in Crimea, Sochi or, for example, Pyatigorsk. In spring, prices are significantly lower than in summer: for example, a decent 4-star hotel in Sochi can be booked for 2,000 rubles per day, air tickets are also inexpensive. This choice will allow you to unwind, change your surroundings, but will not put a big dent in your pocket. However, for those who dream of a beach holiday at sea, I have bad news: alas, going to the sea in the summer will not be cheap.

According to the specialist, foreign destinations that are now open to Russians will also not become a lifesaver for those who are significantly limited in funds. Turkey remains a relatively win-win option - a country whose significant share of income was based on tourism is now doing everything possible to attract guests with low prices in hotels and in the service sector. However, the restrictions that are currently in force in Turkey still do not work in favor of tourist attractiveness.

– Now, in the off-season, you can go to a good five-star all-inclusive hotel for 4-5 days even for 17-20 thousand rubles for two. This is a very good price, but you need to understand: a rare tourist will be interested in Turkey in January or February. This is an option for those who just want to get some fresh air and breathe the sea, or work remotely on the seashore, but such people are in the minority. Most people dream of swimming. However, in the summer, prices are guaranteed to increase two to three times,” Zaitseva added.

For example, a ticket to Sochi and back with a flight on January 30-31 starts from 6,100 rubles, to Simferopol - from 4,800, and you can fly to Istanbul, still popular among Russian tourists, for 7,900 rubles.

Let us remind you that several dozen countries are now open to Russian tourists. The most popular destinations recently have been Turkey, the United Arab Emirates, the Maldives, Cuba, and Zanzibar.

When is it possible to divide vacation into parts: law, rules, features

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer. Article 125. Division of annual paid leave into parts. Withdrawal from leave By agreement between the employee and the employer, annual paid leave may be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Go away from work, But today is not Saturday, Vacation is small now, Even every hour is important.

Rest and relax, Smile every day, And don’t think about bad things, I congratulate you with a verse!

Hello, sea, clouds! Hello, golden sun! It's time for vacation, time is precious in life!

Rest for a hundred years, And forget about everything in the world, Get a dark tan, Be free like the wind.

Vacation is a wonderful fun, You look forward to it with impatience, May you spend your time profitably in parties and hangovers!

Congratulations on your long-awaited vacation.

Dividing annual paid leave into parts

I wish you to spend your time with benefit, pleasure and a cheerful mood. Let your vacation inspire and fill you with new strength, vigor, energy, good health, bright impressions and good emotions.

More congratulations in prose →

Cheers cheers! It's time. Work gave us rest. I congratulate you on this. You are responsible for your vacation.

Spend it wisely, so as not to regret later. Be bold and away from doubts, into the world of dreams and relaxation.

We congratulate you, vacationer, You, of course, deserve your vacation, We wish you a great rest, Gain a lot of vigor and strength, You travel, visit countries, And get a lot of impressions, But don’t forget about work And bring us rays of the sun!

For many months in a row, you, immersed in work, completely forgot about rest, needing it more and more.

On vacation I wish to rest for the whole year. Let the soul unwind and the body rest!

Congratulations on your vacation! Relax, cheer up. Full of strength and confidence, come back to us later.

I wish you joy, happiness. May you be vigorous and healthy forever.

Let your vacation be great. There will be a lot of good in your life.

Finally, the last day before the vacation has arrived. You've been madly waiting for a voluptuous moment for a whole year.

I wish you to take a walk and gain strength for you. To joyfully return to their work path.

Every day of idleness is sweet. It must be. So that you definitely forget about all your problems.

Finally, they have waited, After all, they are going on vacation soon. Otherwise you always work, When others are resting.

I wish you to tan in the sun, and to swim in the sea for a long time. I wish you a lot of champagne, so that you can stay happy for a year.

I wish you to have a great rest and go on a cruise. To gain new strength, And every day, so that there is a surprise!

This is important to know: What is the correct name for sick leave: sick leave or sick leave certificate

Finally, this time has come, When you can relax a little, Completely throw off the heavy burden, And go on vacation somewhere!

We congratulate you on your vacation, And we envy you even a little bit, We wish you a warm sea, sunshine, Have fun, dive deeper!

So that the vacation brings inspiration, And acquaintances, and even romance, To have a mood higher than the sky, To visit many countries together!

Today is a joyful day, the boss accompanied me on vacation. We wish you to relax, enjoy, and definitely swim in the Black Sea!

May these days be remembered forever, may you be surrounded by love, kindness, sincere, reliable and loyal friends, may fate spoil you more often!

Congratulations: 47

in verse,
30
in prose.

Summary

• Does an employee have the right to take 1 day off as vacation?
• How to write an application for recall from vacation for 1 day?
• Is it possible to take a vacation without pay for 1 day?
• Is it possible to divide 3 days of additional vacation into 2 days and 1 day?
• I have a vacation in June. June is Russia Day. Is my vacation extended by 1 day?
• What is the basis for the HR manager’s requirement to take 3 days of vacation if 1 day is needed - Friday?
• Please tell me in what cases you can take a vacation for 1 day at your own expense.
• One day vacation
• Academic leave in 1st year
• Sick leave for 1 day
• Application for parental leave up to 15 years of age
• Application for leave 1 day

Questions

1. Does an employee have the right to take 1 day off as vacation?

1.1. Good afternoon Yes, an employee has the right to take 1 calendar day off as vacation.

1.2. Hello, subject of law. If an employee breaks his vacation into parts of 14 days and 14 days (clause 1 of Article 125 of the Labor Code of the Russian Federation), and the second part of the vacation is also divided into parts, then these actions must be recorded in personnel documents (orders) based on the application of the employee, who in his application, he asks the employer to divide his vacation into parts indicating these parts in days, in numbers, in months, i.e. with a calendar reference to the event.

2. How to write an application for recall from vacation for 1 day?

2.1. Natalya, just write to recall me for one day.

3. Is it possible to take a vacation without pay for 1 day.

3.1. Hello, yes this is possible, but by agreement with the employer, for mandatory cases of granting leave without saving your salary, see Art. 128 of the Labor Code of the Russian Federation The employer is obliged, on the basis of a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days per year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury received while performing the duties of military service (service), or due to an illness associated with military service (service) - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

4. Is it possible to divide 3 days of additional vacation into 2 days and 1 day.

4.1. Good day, dear site visitor Yes, you can. The most important thing is that your vacation is divided in such a way that one part of your total vacation is at least 14 days.

4.2. This is possible only with the consent of the employer. Just take time off on one day or another to count towards your upcoming vacation, and then take a vacation, part of which you will work.

4.3. Good day to you. In this case, this is possible, but only with agreement with the employer. Unfortunately, you won't be able to do it on your own. I wish you good luck in resolving your issue.

4.4. Good day to you!

Yes, of course, since these are additional vacation days, you have every right to this in accordance with current labor legislation.

4.5. Tatyana, hello! Additional leave is given along with the main one. The employee has the right to divide his vacation, but one part cannot be less than 14 calendar days. Additional vacation may or may not be included in this part if you divide the remaining 14 days by days.

5. I have a vacation in June. June is Russia Day. Is my vacation extended by 1 day?

6. What is the basis for the HR manager’s requirement to take 3 days of vacation if 1 day is needed - Friday?

6.1. It's not based on anything. The Labor Code does not prohibit taking a day of vacation.

7. Please tell me in what cases you can take a vacation for 1 day at your own expense.

7.1. Article 128. Leave without pay

[Labor Code of the Russian Federation] [Chapter 19] [Article 128] For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days per year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, killed or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness associated with military service (service) - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

8. I am leaving maternity leave early. When I went on maternity leave, my wages were an order of magnitude lower than they are now. Please tell me, if I work for 1 day, will sick leave be paid based on the amount of my current salary or the amount with which I went on maternity leave?

8.1. Hello. From salary to maternity leave.

9. I am registered for pregnancy, I gave a certificate for work, I was transferred to light work, on the 14th I need to go for an ultrasound and screening, I want to take 1 day as vacation, but they say if it’s not a whole day, then without saving it , at your own expense.

9.1. Hello, you have the right to take a day off from your vacation. All the best to you!

10. Does 37 years of service for early retirement in 2021 include maternity leave of up to 1.5 years in 1989, since changes regarding the non-inclusion of maternity leave of up to 1.5 years were made to Article 167 of the Labor Code only after 6 October 1992 and are still in effect today.

10.1. Good evening, Elena. According to clause 3, part 1, art. Federal Law No. 400 “On Insurance Pensions”, the periods of care of one of the parents for each child until he reaches the age of one and a half years, but not more than six years in total, are counted in the insurance period.

This is important to know: Maternity leave is subject to personal income tax

11. If an employee wrote an application for 1 day of vacation on Sunday (for the same Sunday), when the HR department that processes the vacation is not working, can they refuse to apply for vacation? Or is it possible to apply for leave retroactively?

11.1. Vacations are notified in advance for timely accrual of vacation pay.

12. I am a military woman returning from maternity leave at 1.6 years old, my husband is also a military man, tell me what time should I arrive for duty and what time should the working day end?

12.1. Hello, as follows from judicial practice, part-time work for female military personnel and military personnel raising children without a father (mother) is not provided for by current legislation.
Thus, you are obliged to arrive at and leave work at the hours determined by the duty time regulations. At the same time, I explain that in accordance with Part 9 of Art.
10 of the Federal Law “On the Status of Military Personnel”, female military personnel and military personnel raising children without a father (mother) enjoy social guarantees and compensation in accordance with federal laws and other regulatory legal acts on the protection of family, motherhood and childhood. Such a normative legal act is the Labor Code of the Russian Federation. In accordance with Art. 259 of the Labor Code of the Russian Federation, sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age is allowed only with their written consent and provided that this is not prohibited to them in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, women with children under three years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays.

Thus, until your child reaches 3 years of age, the command of a military unit does not have the right, without your written consent, to involve you in performing military service duties at night, on weekends and holidays, or to send you on business trips.

13. On September 1, I went on vacation for 30 calendar days, and on September 5, I wrote a letter of resignation. Tell me, when is the employer obliged to hand over the documents? And if the salary is on September 15 (for August), can the employer, citing the fact that I am quitting, give it out on the day of dismissal.

13.1. Good afternoon OR you are on vacation and you are fired on the last day of vacation (September 30), your salary for August arrives to you as expected on September 15, if there are any other payments, then they are paid to you on September 30 OR you are fired on the day you write the application, but they recalculate vacation pay, then full payment is made on the day of dismissal.

When is it better to leave work: before or after vacation?

The difference between dismissal and vacation under various circumstances was given above. The dismissed employee can only choose which method suits him best, weighing the pros and cons.

1. Before vacation.

Pros:

• the opportunity to reduce the two-week work period or get rid of it altogether;
• calm job search, because the vacation is paid for by the employer;
• Before leaving, they pay a fairly large amount (salary + vacation pay).

Minuses:

• the application can be withdrawn only before going on vacation;
• length of service ceases to be calculated after the last working day.

Similar advantages and disadvantages apply to leave followed by dismissal.

1. During vacation.

Pros:

• no need to work 2 weeks;
• You can withdraw your application before the end of the two-week period;
• being on annual leave is counted toward length of service, i.e., if an employee has had more than 15 days of rest, taking into account a two-week period, then he will have accumulated 2.33 days of the next vacation, which will be paid.

Important! Disadvantage: there is a risk that the vacation was provided to the employee in advance, which means that vacation pay will have to be reimbursed.

It is also important to note that there are some types of leave, for example, to care for a child up to 1.5 or up to 3 years, which are not included in the length of service. If the employee was on vacation due to employment and labor regulations, then she will be compensated for the accumulated days for this period.

1. After vacation.

It often happens that employees, having had a good rest, rethink their work life and come to the conclusion that they want to change it or at least get a job in an organization with more favorable conditions. These thoughts push them to apply immediately after their vacation.

Pros:

• annual leave is included in the length of service (an employee accumulates 2.33 vacation days in 28 days), which means compensation will be added to the salary;
• the right to withdraw the application remains within 2 weeks of processing.

Minuses:

• the need to work 14 days;
• the risk that the vacation was served in advance, which means that part of the money will have to be returned.

Is it possible to take a vacation for one day?

Article 115 of the Labor Code of the Russian Federation states that every year an employee is entitled to paid leave for 28 calendar days.

At the same time, Article 120 of the Labor Code of the Russian Federation states that the employer can prescribe a larger number of vacation days in a collective agreement or local regulation.

The Labor Code does not prohibit the provision of annual paid leave in the amount of one calendar day. But it is necessary to take into account the provision of Article 125 of the Labor Code of the Russian Federation (“Division of annual paid leave into parts. Recall from vacation”), which states that by agreement of the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. This is the only limitation.

After a two-week vacation, the employee can divide the remainder into any periods. Including one day at a time. However, here it is necessary to calculate vacation payments for each part of the vacation.

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