According to Article 115 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with paid leave of 28 days annually. The employee retains his position and average salary. This vacation is the main one.
There may also be additional and extended leave, the provision of which is regulated by the Labor Code and local regulations adopted at the enterprise. The provision of leave is guaranteed to every citizen working under an employment contract by the Constitution of the Russian Federation (Part 5 of Article 37), regardless of the place of work and form of organization.
All categories of employees have the right to use vacation:
- permanent;
- temporary;
- seasonal;
- home workers;
- working part-time.
To establish the procedure for granting leave, length of service is taken into account.
Article 121 of the Labor Code contains a list of periods that are counted towards length of service:
- time of direct work in the organization;
- the time the employee retains the average salary and position - sick leave, main leave, etc.;
- vacation time without pay (vacation at your own expense), with a limit of 14 days. From the 15th day of such leave, length of service will no longer be counted.
Periods not included:
- absenteeism without good reason;
- parental leave;
- vacation without saving average earnings for more than 14 days.
Duration
Basic leave is calculated in calendar days . Holidays are not included. Minimum
duration - 28 days. The maximum duration is not limited by law.
Vacation is granted in full. By agreement of the parties, it can be divided into parts, and at least one of them should not be less than 14 days. An employee may be recalled from leave as necessary by the organization, but only with his consent. In this case, the unused days will have to be provided at any convenient time or added to the next 28-day vacation of the next working year.
Duration of rest
The immediate rest period varies depending on the grounds. The law establishes a base period of 28 days, but this period increases for certain categories:
- civil servants;
- policemen:
- military;
- persons with disabilities.
The employer also has the right to independently extend the paid vacation of its employees, indicating this in the employment contract. For this purpose, the opinion of the trade union must be taken into account.
Minimum number established by law
All organizations operating in Russia are obliged to provide and pay employees vacation at the rate of 28 calendar days. More is possible, less is not possible. Profession, length of service, nature of work (full-time, shift, remote work) do not matter.
Rest is an inalienable right of the employee and the responsibility of the employer. Payment is made at the expense of the organization’s profit or budget funding, if we are talking about government agencies. Attempts to cancel vacation, payment or partial payment for a period are punishable by law and entail penalties.
Right to additional days
The company has the right to increase vacation time for its employees by prescribing additional days in its internal regulations. Subsequently, on this basis, a calculation is made, and the employee gets the opportunity to demand certain amounts and days, appealing to the labor agreement, collective agreement or work rules.
An employer can differentiate the rest period for employees depending on their position and profession. However, payment is made exclusively from the company's profits.
In parallel, the law defines a list of persons who are entitled to additional days, regardless of the internal regulations of the organization. These include:
- Minor workers. For them, vacation is 31 days.
- People with disabilities (any group) – 30 days.
- Teachers and lecturers – 42-56 days.
- Doctors of Science working in budgetary organizations - 48 days.
- Employees employed in the defense chemical industry – 30-40 days.
- Candidates of Sciences employed in budgetary organizations – 36 days.
- Health workers whose professional activities pose a risk of contracting AIDS – 36 days.
- Civil servants – from 30 days.
- Workers of the prosecutor's office and the investigative committee - 30 days, plus travel time there and back.
Additional days are also required to be given depending on territorial affiliation. This is 24 days for the regions of the Far North, 16 days for equivalent regions, 8 days for other northern regions.
Finally, the law grants the right to additional leave to people involved in hazardous and hazardous work, employees with special working conditions and irregular schedules. Extended days must be paid on a general basis.
Calculation of vacation days
The number of vacation days is counted from the moment the employment contract is concluded. To do this, a formula is used that takes into account the period of actual work, the employee’s justified absence (day off, planned vacation, holidays, sick leave, maternity leave), as well as vacation at one’s own expense (if any). This also includes the time when the employee was suspended from work based on the results of a medical examination, but it was not his fault.
It is important to know! If the employee’s activities were accompanied by illegal dismissal or suspension, this period is also included in the vacation calculation formula.
The concept of a billing period
The term pay period covers the year preceding the month in which the employee goes on vacation. The coefficient is calculated taking into account the total salary paid for the year and the average number of working days per month. April 2014 was marked by amendments, according to which the monthly average is 29.3 days.
The direct calculation formula includes the average daily earnings (salary for 12 months divided by 29.3), multiplied by the number of vacation days. In practice, nuances related to sick leave, business trips and other circumstances of the work of a particular employee are inevitable.
What is included in work experience?
Work experience is the period of a person’s working activity, as well as the time during which he did not work due to certain circumstances. The length of service is calculated when assigning pensions and social benefits. It includes the following periods:
- studying at a university;
- child care up to 1.5 years old, maximum number of 4 children or 6 years of experience;
- decree;
- a period of unemployment with the obligatory condition of registering with the employment center;
- service in law enforcement agencies and armed forces;
- caring for disabled people over 80 years of age;
- vacation and sick leave.
Calendar or working days
Rest is determined based on calendar days, not working days. For example, an employee leaves for three weeks starting on Monday. Returning to work is also carried out on Monday; weekends will be counted on a general basis, but payment for them will be in full.
Holidays
Exceptions include holidays, which extend the leave. Some of them are paid subject to inclusion in the official list of holidays of the Russian Federation. For example, if the vacation period falls on March 8, the employee will return to work 1-2 days later, depending on the number established for a particular year.
Duration of unpaid leave
In some situations, a citizen can write an application for unpaid leave.
The decision is made by the employer, who evaluates the validity of the reason and the necessity of the employee’s presence for the enterprise. During the process, he can propose his own term, indicating as many days as the organization is able to offer. There are categories of people who are entitled to unpaid leave by law. The employer has no right to refuse or offer a period shorter than that indicated in the application. These categories include:
- persons of retirement age – up to 14 days per year;
- WWII participants – up to 35 days a year;
- disabled people (of any group) – up to 60 days per year;
- family members of firefighters and law enforcement officers whose relative has died or been injured;
- parents of a newborn child, people planning to get married, employees who have experienced the loss of a close relative.
The situation when the employer initiates unpaid leave is considered separately. He does not have the right to do this, regardless of the explanations why he needs to send the employee on vacation. The latter can contact the Labor Inspectorate and the Prosecutor's Office. In this case, the fine for management reaches 50 thousand rubles.
How does experience affect?
To qualify for leave, an employee must have work experience at a specific enterprise.
Annual basic leave of 28 days is granted after 12 months from the date of commencement of continuous employment in this organization. This period is a working year, and it is individual for each employee. If there were periods during the year that were not included in the length of service, the end of the working year is postponed by the appropriate number of days.
Starting from the second working year, an employee can take another vacation at any time he chooses or in accordance with the vacation schedule approved by the enterprise. If he uses it and is fired before the end of the current working year, compensation for those days will be deducted from his salary.
As soon as an employee has worked for the organization for six months, he is entitled to use the main leave. By agreement with the management or in accordance with the established rules of the organization, recorded in local regulations, rest can be provided before this period, “in advance”. Moreover, it is fully paid for .
The employer is obliged to provide leave before the expiration of six months upon application:
- employees who have not reached the age of majority;
- women during pregnancy before and after childbirth (and their husbands at their request);
- those who have adopted young children (up to three months);
- part-time workers, if they are granted leave at their main place;
- spouses of military personnel (simultaneously with the spouse's main leave);
- people exposed to radiation during the Chernobyl disaster;
- war veterans;
- honorary donors.
If an employee works under an employment agreement for a period of two months or less, he is also entitled to paid leave and compensation in the amount of two days for each month worked.
Seasonal workers also have the right to rest; it is calculated in the same way - 2 days per month.
Article 127. Exercise of the right to leave upon dismissal of an employee
By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that until the entry into force of Convention N 132 of the International Labor Organization “On Paid Leave”, the provisions of this article continue to apply, stating that upon dismissal, the employee is paid monetary compensation for all unused vacations.
Upon dismissal, the employee is paid monetary compensation for all unused vacations.
The employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).
Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.
Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.
When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.
Extended main leave
In accordance with 2h. 115 of Article of the Labor Code and other laws, for certain categories of citizens the main leave (its minimum duration) must be extended:
- For employees who have not reached the age of majority, this period is extended by three days; for disabled people for 2 days;
- teachers and employees of educational institutions for a period of 14 to 28 days;
- employees of child care institutions - for 14 days;
- judges, customs officers, prosecutors and investigators - for two days;
- for police officers - for two days;
- employees of medical institutions (under certain working conditions) - for 14 days.
Also, the basis for extending the main leave at the discretion of management or in accordance with local regulations may be the presence of a scientific degree - candidate and doctoral.
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How long does it take to write a leave application - submitting documents according to the Labor Code
Considering that, according to Part 9 of Art. 136 of the Labor Code of the Russian Federation, vacation pay must be transferred to the worker no later than 3 days before the start of the vacation; it is worth applying in advance.
If the organization is large and there are several managers with whom it is necessary to coordinate the upcoming vacation, the procedure for completing paperwork and preparing an order may take a long time. In this case, it is recommended to start writing an application at least a month before the vacation.
The deadline for submitting an application for leave can be fixed in the employer’s local act.
D. A. Melnikova, 2nd class adviser to the State Civil Service of the Russian Federation, told us what deadline can be set for submitting an application for an employee’s next leave. Get to know the official's point of view by getting free trial access to ConsultantPlus.
How to apply for vacation
Labor legislation does not contain requirements for the content of an application for leave, so you can draw it up yourself, in any form, but always in writing. It must indicate:
- FULL NAME. the manager to whose address the document is submitted;
- information about the applicant - full name, name of position and department in which he works;
- a request for leave, indicating the reason for its grant, duration, start and end dates;
- date of preparation and signature of the applicant.
For a sample application for leave, see the material “Application for another leave - sample and form (2020 - 2021)”.
See also “What is the storage period for applications and leave orders?”
