Minimum number of vacation days according to the Labor Code

Additional paid leave: cases of provision and payment

Additional leave is provided without fail in situations provided for by the Labor Code of the Russian Federation and other federal laws:

• workers employed in hazardous and (or) hazardous industries;
• working in the Far North and similar places;
• minors;
• disabled people;
• workers with irregular hours;
• working in the fields of sports, education and medicine;
• for certain types of work of a special nature;
• employees of government agencies for military and regulatory purposes;
• a circle of people for whom leave is compensation (victims in Chernobyl, Semipalatinsk, etc.).

Additional holidays may also be established by internal regulations.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

If there are additional vacation days, they are summed up in the year with the main vacation to calculate the total duration of annual vacation and the amount of payment for vacation.

Annual paid leave: how many days

According to the Labor Code of the Russian Federation, annual paid leave in normal cases is 28 days a year. During the year, the employee must take part of this period off for a total period of 14 days. The remainder can be used in any way you wish, including individual vacation days.

In some situations, for example, depending on the geographical location of the place of work or due to additional benefits provided to the employee himself, annual paid leave may be increased.

For example, annual leave in 2021, according to the law, is provided to employees under the age of 18 - 31 days a year, working disabled people - at least 30 calendar days, teaching staff - 42 or 56 days, scientific workers with the status of Doctor of Science - 48 days , and candidates of science – 36 working days.

Period of provision of annual basic paid leave

As follows from all of the above, providing leave to an employee is the obligation of the employer, which he must strictly observe. But sometimes situations arise when an employee cannot or does not want to go on vacation.

In this regard, you need to remember that monetary compensation for unused vacation is prohibited by law until the employee is dismissed. The period during which the employee was not on vacation cannot be more than two years.

Expert opinion

Novikov Oleg Tarasovich

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

However, even in this case, accrued vacation days do not expire; another question is that for the employer such delays are fraught with sanctions from the labor inspectorate.

Because of this rule, a double situation may arise: the employer is obliged to send the employee on leave, even if the latter does not ask for it. Of course, such issues also need to be agreed upon.

Moreover, some categories of employees must take vacation every year. This applies to workers under the age of 18, as well as employees whose activities are carried out in dangerous or harmful working conditions (Article 124 of the Labor Code of the Russian Federation).

This is important to know: Application for unpaid leave: sample 2021

Duration

In 2021, the minimum amount of annual paid leave is 28 calendar days. Certain categories of workers (teachers, doctors, police officers, etc.) are granted extended leave.

The law on vacations also provides for additional vacations under the Labor Code:

• for work with the VUS – 7 days;
• irregular schedule – 3 days;
• for a special character - determined by Decrees of the Government of the Russian Federation.

The new law on vacations in 2021 affected civil and government employees; amendments were made by the Federal Law “On Amendments to Art. 45 and 46 Federal Law “On the State Civil Service of the Russian Federation. Now the vacation of these workers has been reduced to 30 days, regardless of position. Previously it was 35 days.

The calculation of additional days for long service leave has also changed:

• from 1 to 5 years – 1 day of vacation;
• from 5 to 10 – 5 days;
• from 10 to 15 – 7 days;
• over 15 – 10 days.

Previously, the rule was 1 year – 1 day.

Additional leave for employees who are not on regular workdays is a minimum of 3 days, and the maximum is determined personally by the employer.

Conditions for calculating material compensation and assistance

Cash compensation for unused vacation is applied upon dismissal. The Labor Code gives the right to compensation for part of the vacation exceeding the minimum amount of vacation.

When summing up vacations or transferring vacations to another working year, compensation can replace parts of vacation exceeding 28 calendar days. Replacing part of the vacation is not the obligation of the parties to the employment contract, but only an obligation, therefore the employer has the right to refuse.

Upon termination of the employment relationship with the employer, the employee receives compensation for vacation not taken; the amount is equal to vacation pay. You don’t have to take compensation, but then you’ll have to take a vacation first.

Conclusion

Currently in the State Duma there are bills on compensation by employers for the expenses of their employees on vacation at resorts in the Russian Federation and on replacing parts of the vacation of state and civil servants with monetary compensation. But for now these are only projects and it is not known whether they will become law. Therefore, it makes no sense to talk about them yet.

To date, labor legislation has not undergone any significant changes for a larger number of workers, regarding vacations. The employee can safely go on vacation this year.

Unfortunately, employers very often violate labor laws, especially regarding the provision and payment of vacation. If the rights of an employee are violated, you must contact the labor department.

In order not to create problems for themselves in the future, the parties must comply with the civil and labor laws of the country.

Extended and additional leave

Some categories of citizens, according to the norms of the Labor Code of the Russian Federation and other legislative acts, have the right to rest longer than others. They are entitled not only to the minimum number of vacation days according to the Labor Code or additional rest time established by local acts of the organization, extended vacation is prescribed in legislation. This applies to representatives of some socially significant professions and law enforcement agencies. A long period of paid rest is provided:

• for military personnel of the Russian army - depending on the length of service - up to 45 days;
• for teachers and lecturers - from 42 or 56 calendar days, depending on the position of the teaching worker and the type of educational institution (Article 334 of the Labor Code of the Russian Federation, clause 3, part 5, article 47 of the Federal Law of December 29, 2012 No. 273-FZ);
• scientists who have a doctorate degree and work in budgetary institutions - 48 days (RF Government Decree No. 949 dated August 12, 1994);
• for employees of the defense chemical industry - from 30 to 40 days, depending on the length of continuous service (Clause 5, Article 28 of the Federal Law of August 22, 1995 No. 151-FZ);
• scientists who have a candidate of science degree and work in budgetary institutions - 36 days (RF Government Decree No. 949 dated August 12, 1994);
• medical workers who are at risk of contracting AIDS - 36 days (RF Government Decree No. 391 of 04/03/1996);
• for state civil servants - from 30 days, depending on length of service (Part 3, Article 46 of Federal Law No. 79-FZ of July 27, 2004);
• employees of the prosecutor's office and the Investigative Committee - 30 days, excluding travel time to the place of rest and back.

Article 321 of the Labor Code of the Russian Federation establishes how many days of annual paid leave are required by law for residents of some Russian territories with harsh climate conditions:

• for residents of the Far North - 24 days;
• for residents of areas equated to the regions of the Far North - 16 days;
• for residents of other regions of the North, where a regional coefficient and a percentage increase in wages are established - 8 days.

Also, Article 116 of the Labor Code of the Russian Federation states that the following have the right to additional leave:

• persons employed in work with harmful and dangerous working conditions;
• persons working on irregular working hours;
• persons performing work of a special nature;
• other categories of persons for whom the provision of annual additional paid leave is determined by federal legislation.

Let's look at the table to see how much vacation is entitled per year to preferential categories of citizens who are not included in the lists above:

How many days of vacation are allowed per year?

Expert opinion

Novikov Oleg Tarasovich

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

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example.

Manager Ivanov A.K. wrote an application for leave for the period from June 18 to June 24, 2021.

June 24 and 24 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be carried out in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

Calculation of vacation pay for days not fully worked

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In Art. 114 of the Labor Code of the Russian Federation states that every employee who is officially employed has the right to leave. The duration of leave on a “general” basis is 28 calendar days. But there are categories of workers who have the right to additional leave.

How to calculate the days of the billing period for vacation

In practice, it rarely happens that an employee works completely for 12 calendar months. He may be sick, go on a business trip, or take another vacation. That is, to have days in the billing period when average earnings were accrued to him. These periods are not included in the calculated time for vacation pay.

In addition, one must assume that the month has not been fully worked out in the following situations:

• In a given month, the employee has 4 days of sick leave, but he worked 4 Saturdays. There are 22 working days in this calendar month, and the employee worked 22 working days. But the month cannot be considered fully worked, since sick days are not taken into account when calculating average earnings. And it doesn’t matter that the employee had overtime;
• the employee got a job on January 9, immediately after the New Year holidays. For January he was paid his full salary, since he worked all working days in that month. But such a month cannot be considered fully worked, and it does not matter that from January 1 to January 9 there were days off.

Additional leave for hazardous working conditions in 2021

• in harmful and (or) dangerous working conditions, confirmed by workplace certification carried out before January 1, 2014;
• in hazardous working conditions of 2, 3 or 4 degrees or in hazardous working conditions confirmed by a special assessment of working conditions carried out after January 1, 2014.

The employee is required to take a minimum period of 7 days off. A period in excess of the norm can be converted into a monetary equivalent. Please note that not all enterprises allow you to take an additional 7 days off work, so not everyone actually has the right to receive compensation.

This is important to know: Vacation compensation or vacation pay: which is more profitable?

Compensation for unused rest days

You cannot receive monetary compensation for the main unused vacation period while working in an organization (this applies to 28 days). This is provided for by the norms of Article 127 of the Labor Code of the Russian Federation only upon dismissal. In this case, when calculating, the employer is obliged to pay vacation pay for all the time that was not used for rest. The employer can compensate for additional time with money and without dismissing the employee, at his request (does not apply to additional leave for harmful working conditions - 7 days; if the rest is more than 7 days, then days beyond this figure can be compensated).

Terms and features of payment of vacation benefits in accordance with the Labor Code of the Russian Federation

It is also not very convenient to make a payment earlier than three days in advance. Various circumstances may arise in which going on vacation will have to be postponed (for example, illness). Therefore, it is optimal to accrue and pay vacation pay 3 days before the start date of the vacation.

If the third day is a weekend or non-working day, the payment must be made taking this into account, that is, 4 or 5 days in advance. If the payment is made not through a cash register, but by non-cash transfer to a bank card, you need to take into account the working hours of banks. You may have to make the transfer earlier than 3 days before the start date of your vacation.

Labor leave in Belarus

• for the special nature of the work, as well as harmful or dangerous working conditions, additional leaves are granted in the manner approved by the Government of the Republic of Belarus;
• for irregular working hours up to 7 days of additional leave;
• for long work experience in the organization, 3 days of additional leave may be granted;
• additional leave may also be granted to certain categories and specific employees individually in accordance with contracts and agreements between employers and employees.

Labor leave is an exemption for a certain period from performing job duties while maintaining wages. The concept of vacation is inextricably linked with the concept of the working period, in other words, a labor vacation is a break in the working period provided for rest, restoration of health and efficiency, and satisfaction of other personal needs.

Dividing vacation into parts

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be carried out in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

Calculation of vacation for each month worked

The subsequent calculation of vacation seems quite simple, but there are a couple of small pitfalls related to the actual time worked. To determine the number of months during which an employee worked for the benefit of the company, a number of points should be taken into account:

1. Determination of the period subject to working for less than a full month . In this case, the rounding rule applies. If an employee leaves a position after working less than 15 days of the current period, then the month is not counted towards the length of service. Accordingly, if the number of days worked is more than 15, then this month is taken into account when calculating the length of service.
2. Periods of temporary disability caused by the illness of the employee himself are included in the vacation base . But sick leaves issued to care for a child or relative are the basis for deducting days from the actual vacation period.
3. Vacations at your own expense . If the employee took less than 14 days at his own expense, then these days are included in the calculation base. If the rest period exceeds 14, then such leave is not included in the length of service for calculation.
4. Days of maternity leave . So-called maternity leave in everyday life consists of two legally approved types of rest: for pregnancy and childbirth - included in the period for determining the duration of leave; for caring for a child until he reaches a certain age (one and a half or three years) are not included in the calculation base.

Having determined the length of service actually worked by the employee, we multiply the result by 2.33 and obtain the value of the rest period required by the employee under labor law.

Currently, it is possible to calculate the length of the vacation period using online calculator services for HR officers and accountants. Automation of the process greatly simplifies the procedure. Nevertheless, the importance of the order in which the basic units necessary for the final result is determined remains invariably relevant.

This is important to know: Hiring for a temporary position during maternity leave

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

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 15 to June 21, 2021. June 20 and 21 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

Unlike regular weekends, holidays and non-working days are not included in the duration of vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. writes an application for June 8-15 - 8 calendar days, only 7 calendar days will be counted and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Calendar or working days?

Basic annual leave is provided in calendar days. This requirement is stated in Article No. 115 of the Labor Code of the Russian Federation.
This means that the period of release from work includes not only working days, but also weekends (Saturday, Sunday). For example, Zhanna Eduardovna Simakina, a cashier at the Boom supermarket, took a standard leave of absence from November 1, 2019.

She will be granted leave from work from 11/01/2019 to 11/28/2019. If a holiday falls during the vacation period, it is not taken into account and is not paid. This means that the release from work is extended.

For example, Evgeniy Ivanovich Orlovsky, a security guard at the Zub dental clinic, applied for basic annual leave of standard duration from March 1, 2021. The eighth of March is International Women's Day. This date falls on a Sunday, so Monday is a day off. Taking this into account, Evgeniy Ivanovich Orlovsky will be granted leave from March 1 to March 29, 2020.

Citizens whose work activity is considered seasonal are granted leave in working days. This point is enshrined in Article No. 295 of the Labor Code of Russia.

Vacation: number of days according to law and local regulations

The specified duration of vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (clause 2 of Article 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).

At the same time, certain categories of employees are required by law to be granted longer vacations. Read below about how many days of vacation they are entitled to per year.

Next vacation according to the labor code 2021 number of days

So, in particular, in accordance with Article 287 of the Labor Code of the Russian Federation, part-time workers working only in the 0.5 rate mode are provided with annual rest in full, as well as the same employees with small children or employees with disabilities who, under Art. .93 of the Labor Code of the Russian Federation may apply for a reduction in labor hours. That is, in fact, 28 days of vacation is the minimum amount of rest that is provided to all persons engaged in labor activities in any mode of employment.

In this case, the agreed periods, at the request of the employee, are not only provided simultaneously with the main one, but can also be summed up , but not more than for two years, thus, in general, amounting to up to 104 days of rest. Also, Article 322 of the Labor Code of the Russian Federation states that all types of vacations can be summed up with the only condition that their maximum duration should be no more than six months in the total.

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

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

• in the Far North - 24 calendar days;
• in areas equated to the regions of the Far North - 16 calendar days;

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

This is important to know: Cancellation of leave due to dismissal

Summary

• What is the minimum number of vacation days for which health benefits are paid?
• What is the minimum number of days that can constitute a vacation?
• Number of vacation days
• How to calculate the number of vacation days
• Number of vacation days per year
• Number of unused vacation days
• Calculation of the number of vacation days

Questions

1. What is the minimum number of vacation days for which health benefits are paid?

1.1. The number of vacation days does not matter; payments are made at the request of the person, usually with annual vacation in part or in full.

2. What is the minimum number of days that can constitute a vacation?

2.1. Dear Tatyana! In accordance with Article 115 of the Labor Code of the Russian Federation, the annual basic paid leave is 28 calendar days. Vacation is provided within the time frame determined by the vacation schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). In accordance with Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, and at least one part of the leave cannot be less than 14 calendar days. The amount of the remaining parts of the leave is determined by agreement between the employee and the employer, while the minimum amount of the remaining parts of the leave is not established by law.

3. Please explain whether an employee is required to take basic leave (28 calendar days) if the last 2 days fall on weekends, i.e., for example: vacation from 07/01/2019 (Monday) to 07/26/2019 (Friday) + 07.27.2019 (Sat.) and 08.28.2019 (Sun.)? What is the minimum number of vacation days an employee can take? I would like to receive links to articles from official documents of the Russian Federation. Thank you.

3.1. Good afternoon In accordance with Article 125 of the Labor Code of the Russian Federation, by agreement between 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. According to Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

3.2. Hello, they have no right to force you, you can write an application for leave until the 26th inclusive.

4. The cancer patient’s sick leave ends on July 21, 2021; further courses of chemotherapy are required; to open the next sick leave, you need to take a break from taking leave from work. What is the minimum number of vacation days required to be taken at work?

4.1. In accordance with the labor legislation of Russia, there are no restrictions on the minimum period of leave without pay. The issue of the duration of leave is resolved only by agreement with the employer.

5. The area in which I work is equivalent to the regions of the Far North. What is the minimum number of days I can take vacation in the summer?

5.1. How many days are specified in the agreement with the employer. Labor Code of the Russian Federation, Article 122. The procedure for granting annual paid leave. A guide to personnel issues. Questions of application of Art. 122 Labor Code of the Russian Federation

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it ; employees under eighteen years of age; employees who adopted a child (children) under the age of three months; in other cases provided for by federal laws. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

This is important to know: Vacation followed by dismissal: 6 personal income tax

6. I am a civil servant, according to the law, when I go on vacation, I am entitled to financial assistance. Now our company is being liquidated. I have the right to vacation, but I don’t want to go on it in winter. Upon final payment upon dismissal, they will give me financial assistance or I will need to leave for a minimum number of days and write a statement for swearing. help.

6.1. Hello! Financial assistance will not be paid if you do not use your vacation. For payment rules, see the Regulations on Remuneration.

7. What is the minimum number of vacation days an employer can give me per year in an area equivalent to the north, our vacation is 44 days.

7.1. Good day! In accordance with the Labor Code of the Russian Federation, by agreement between 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. If during the year at least one part of the vacation is 14 days, the remaining days can be divided into at least 1 (by agreement with the employer)

8. I have a disabled child. If I take 4 paid days off at the beginning of the month, and then a vacation. And it turns out that there will be no working days in the month. Is it possible to do this or not? Or should there be a minimum number of days worked per month? Thank you in advance.

8.1. You can do this. There is no minimum number of days worked per month.

9. From 02/03/2016 I have a full vacation according to the vacation schedule of approximately 57 days, after the vacation I have taken, I want to quit as quickly as possible and with a minimum amount of costs, that is, how much money can they ask me for for unworked vacation?

9.1. It depends on how long you work and when you go on vacation. The accounting department will make the calculations.

How many paid vacation days can an employee expect per year?

In order to find out how many days of vacation each employed Russian is entitled to per year, it is enough to open Article 115 of the Labor Code of the Russian Federation. It follows from this that annual paid leave must be at least 28 days. Does everything seem obvious? But in fact, there are still additional days and even vacations that some categories of citizens can count on. Vacation can be divided into parts, and sometimes (only in special cases) you can receive monetary compensation instead. Let's take a closer look at how exactly all this happens, how vacation is distributed, the number of days according to the law is minimum or, conversely, maximum.

How vacation is granted in 2021 according to the Labor Code of the Russian Federation

In accordance with this article of the code, employees whose working conditions are recognized as dangerous to life and health are entitled to days of additional rest in accordance with this article of the code. The degree of danger is established through a special assessment of the workplace. This category includes conditions for carrying out professional activities of the second, third or fourth degree of harm, or presenting a danger to life. The duration of this rest cannot be less than a week. There are no exceptions to this rule. The right to additional rest and its duration must be specified in the employment contract or agreement. The same document should reflect the results of the job assessment. By agreement with the employee and the employer, if additional days for rest are provided to the employee in an amount greater than one week, all days (except for the mandatory seven) can be compensated in cash. In this case, there are no discrepancies with the Labor Code of the Russian Federation or other labor legislation. This means that there are no facts of violation of laws either on the part of the employee or on the part of the employer. For any incomprehensible point in the process of studying this article, you can contact the consultants of our website.

This is important to know: Is it possible to quit before going on vacation at your own request: will you be paid vacation pay?

Labor legislation establishes the right to periodic annual paid leave. Every worker, after working for eleven months, must go to rest. The minimum period an employee can count on is twenty-eight days. The worker receives payment for these days into his salary account or receives it personally at the company’s cash desk. In the Labor Code, this right is prescribed by Article 71. It is better to view any articles with comments to it. Even if it is the Labor Code. This makes it much easier to understand all the nuances of the legislation.

Additional days from management

Labor legislation allows the heads of organizations to set extended leave for employees (we already know how many days the 2021 law requires as a minimum). The maximum must be specified in the local acts of the employing organization:

• collective agreement;
• employment contracts;
• internal regulations.

The legislation does not prohibit the employer from differentiating the duration of rest depending on professions and positions. The main thing is that such additional rest should also be paid. But if the employer has the right to attribute basic vacation pay to a decrease in profit, then this is impossible with additional ones. According to the norms of clause 24 of Article 270 of the Tax Code of the Russian Federation, they can only be paid at the expense of the organization’s profit. Such vacation pay is subject to insurance premiums and personal income tax on a general basis.

How to go on vacation in Kazakhstan

The duration of annual labor leave is calculated in calendar days, excluding holidays, regardless of the applied working hours and shift schedules. When calculating the total duration of vacation, additional paid vacations are added to the main ones.

An employee may be recalled if a production need arises, but with the consent of the employee. The part of the paid annual leave unused in connection with the recall, by agreement of the parties, is provided during the current working year or in the next working year at any time or is added to the paid annual leave for the next working year.

Can be divided into parts

The law does not require the employer and employee to use the entire period of paid rest at once. It can be divided into parts. But only in such a way that at least one part has at least 14 days. Obviously, the standard 28 working days are conveniently divided into two equal parts in this way. As a rule, this is suitable for both employees and employers. But if a person needs to use all the rest time allotted to him at once, the employer is obliged to provide it in full and has no right to demand the division of vacation time. Also, an employee does not always want to divide his vacation into two halves of 14 days. Sometimes one half lasts two weeks, and the remaining days are scattered in a convenient order for a person, at least one day at a time. This is not prohibited by law.

Vacation schedule

Leave under the Labor Code for a newly hired employee is possible after six months. However, the employer can do this earlier if there is such a need or opportunity. Then all employees are entitled to a long rest annually.

The duration of annual leave for most employees is not strictly fixed. They can relax at any time of the year. The exception is those organizations whose work is highly seasonal. For example, teachers use their right to rest almost exclusively in the summer, during long holidays. At other times, their absence from work causes difficulties in organizing normal training.

The rest time of each employee is recorded in a special personnel document - a vacation schedule. It is drawn up in advance and should be brought to the attention of the team two weeks before the new year. Considering the need for coordination with the trade union, planning department and accounting department, it is advisable to begin preparations in November.

The schedule is drawn up taking into account the wishes of the employees themselves and the opinion of the employer, who is interested in the smooth operation of the organization. Parents of schoolchildren and younger children primarily receive vacations during the summer months. Others may be offered other terms. For part-time workers, the dates when vacation is due must coincide with those for the main job.

Despite the fact that the vacation schedule is mandatory for both parties to the employment relationship, changes are made to it if necessary. Rest periods can be changed by mutual agreement. This decision is reflected in the schedule itself, as are the new vacation dates.

The employer is obliged to remind the employee about the start time of his rest. This is done in advance, two weeks in writing. The fact of familiarization with the notice is confirmed by the employee’s signature on it.

Accounting for vacation payments - step-by-step instructions

It is necessary to understand how holiday payments are calculated correctly in order to calculate in advance how much will be paid. Let’s take a closer look at the process of going on vacation and receiving payment.

Step 1. The employee writes a corresponding application. It must indicate on which days he plans to rest.

You need to write a leave application

Step 2. Create an order to grant an employee leave.

Drawing up a vacation order

Step 3. Calculation of vacation pay. To do this, you need to calculate the average monthly salary and divide by 2 if you plan to take 14 days of rest.

Vacation pay needs to be calculated

Step 4. Payment is made on the last working day.

Payment is made on the last working day

It is worth noting that vacation pay is indicated in the 6-NDFL report and is taxed. If an employee goes on vacation with subsequent dismissal, then this report must indicate that the date of payment of income tax is the first day on which the employee is removed from the personnel list. This is an important nuance that must be observed. Late payment of tax is considered a reason for charging a fine.

Duration of rest for part-time workers

Part-time workers are workers who, in addition to their main place of work, have an additional place of work. They can be internal and external.

The former work in two positions at one enterprise, while the latter are employed in different companies. A part-time worker is entitled to leave on a general basis. The duration of rest is the same as for a full-time employee.

This means that a part-time worker can count on a minimum of 28 calendar days of vacation per year. According to the Labor Code of Russia, annual paid leave at the main place of work and part-time work is provided simultaneously.

In practice it looks like this. At the main place of work, a person is given leave according to the approved schedule. In a part-time job, the employee must be given vacation days during the same period based on the application.

Expert opinion

Irina Vasilyeva

Civil law expert

In case of internal part-time work, annual leave is provided simultaneously for two positions.

Vacation Law 2021

• persons who belong to the category of WWII participants deserve leave of up to 35 days;
• pensioners who work - up to 14 days;
• close relatives of military personnel who died, were injured or temporarily fell ill - up to 14 days;
• disabled people who work - duration up to 60 days;
• employees who have children are planning to legalize their marriage - up to 5 days;
• cases provided for by federal laws of Russia (for example, you can go on study leave for a period of 21 days).

The Government of the Russian Federation has decided to submit a bill to replace part of the leave of civil servants with monetary compensation. According to the comments of deputies, this will not in any way affect the right of the privileged category of civil service employees to rest; it will only allow for the amendment and equalization of rights with employees in other fields of activity.

How to register correctly

Vacation registration is carried out according to the following rules:

• it is impossible not to provide paid annual leave for two years in a row;
• if necessary, the vacation can be postponed to the next calendar year and will be at least 56 days;
• the vacation schedule is drawn up annually taking into account the wishes of employees;
• To be granted leave, an employee must have worked for the company for at least six months. The rule does not apply to pregnant and minor employees;
• vacation is provided in calendar days, while holidays cannot be included in the main part of the vacation;
• extension of leave is possible due to illness or at your own expense in agreement with the employer;
• the employer has the right to recall an employee from vacation with his consent;
• Compensation for annual paid leave can only be received in the event of dismissal.

Employee actions

To receive annual paid leave, an employee must write a corresponding application. The remaining documents must be completed by the employer.

The application must be written four working days before the actual start of the vacation period.

The document is drawn up in any written form indicating the main details:

• name of company;
• Full name and position of the manager;
• Full name and position of the employee;
• dates and duration of vacation;
• indication of the type of leave. In this case, it is paid annually.

Sample application:

Employer's actions

In order for an employee to exercise the right to annual leave, the employer must follow the procedure for granting the leave period.

Drawing up a vacation schedule for each calendar year

The presence of documents is mandatory and is verified by the relevant authorities. Failure to provide a detailed schedule may be considered a violation of the law.

When drawing up the schedule, the following should be taken into account:

• legislation;
• wishes of the employee;
• categories of employees who are entitled to extended or additional leave.

The schedule is drawn up in the official form T-7 and signed by the head of the organization or an authorized person.

Notifying an employee about an upcoming vacation

After the schedule is formed, employees must be notified of the dates of upcoming vacations no later than 2 weeks before the actual start of the vacation. Notification is made in writing, except in cases where leave is assigned at the initiative of the employee.

After receiving the notice, the employee must write a statement.

Issuance of an order

The document is drawn up according to the unified form T-6 personally for the employee or according to form T-6a for several employees at the same time. The order must be conveyed to the employee.

Sample of a completed order:

Mark in the personal file and in the time sheet

After the order is issued, information about the provision of the next paid leave, including the name of the order, dates and special orders, is entered into the employee’s personal card.

Corresponding changes are also made to the time sheet.

After filling out all the documents, the employee goes on annual leave.

Thus, labor legislation establishes the standard duration of the vacation period at 28 days, without excluding the possibility of providing additional or extended vacation to certain categories of employees.

How to write an application for additional leave

According to the current standards, such a statement is drawn up in accordance with the office work rules in force at the enterprise. If the company has a template for such a document, filling it out will not be difficult.

Otherwise, you can use the standard application form for the next vacation. Then in the content of the document it should be noted that the vacation is additional, indicate the start date of the vacation and its duration.

Please note: you can take additional vacation only after the main vacation time has been used.

Most employees clearly know how many days are required by law for vacation . 2021 and 2021 were no exception in this regard. No changes were made to federal legislative acts regarding the duration of paid rest time.

As for local regulatory documents, it is in the interests of each employee to request from the personnel service all regulations, orders and instructions regarding the duration and procedure for paying vacations. This will help the employee clearly understand how many days of rest he can count on, and, based on this, make further plans.

When choosing rest periods, you must remember that vacation can be taken not only for the time that has already been worked in the company. Based on the norms and provisions of Art. 122 of the Labor Code of the Russian Federation, in agreement with the employer, the employee can take it in advance.

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15.07.2016

Leave without pay: sample

Extract from Article 128 of the Labor Code of the Russian Federation

It is possible to take several days without pay if the employee needs to leave for his own business. Ordinary citizens are entitled to no more than 14 administrative days per year, but WWII participants, liquidators of man-made disasters are entitled to up to 35 days, and disabled people - 60 days.

Application for leave without pay

To receive administrative days without pay, you must write a corresponding application addressed to the director of the organization. After its consideration, rest is provided. However, it is necessary to have a compelling argument for its registration; the usual need for rest is not considered a reason to satisfy the application.

Here are the main reasons why administrative days are provided:

• family difficulties;
• need to visit a doctor;
• you need to contact employees of government or private structures to resolve various issues.

The employer can clarify why the employee is requesting several days without pay in order to decide on the advisability of providing it.

Who is eligible for benefits?

According to Art. 116 of the Labor Code of the Russian Federation, preferential categories of citizens who are entitled to additional leave are:

• employees of hazardous and hazardous industries;
• employees working irregular hours;
• employees of special enterprises;
• employees engaged in labor activities in the Far North.

In addition to these categories, additional leave can be granted on the basis of regional regulations or on the basis of collective agreements concluded at specific enterprises.

According to the Labor Code, additional leave can be replaced by monetary compensation by agreement with the head of the organization. In this case, the amount of compensation is calculated based on individual indicators.

Compensation for additional vacation days for pregnant women, minors and employees of hazardous industries is not possible.

Additional vacation dates:

The minimum additional leave is 3 days, the maximum is not established by law.