14.12.2018
The Labor Code of the Russian Federation refers to the annual duration, expressed in calendar days. However, for a correct calculation, it is important to know how much is due for 1 month of work.
This information is of interest to both the accountant and personnel officer, and the employee himself. The amount of vacation time allowed for each working month depends on the annual duration of the vacation.
How much is due?
The Labor Code establishes 28 calendar days.
Important! 28 days vacation time due for each year worked at work.
Moreover, it is the working year that is taken, minus the following periods:
- absenteeism;
- non-permission to work due to the fault of the employee;
- time of caring for a child up to 3 years;
- vacation without maintenance in terms of excess over a two-week period.
Formula:
Vacation for 1 month= Total duration per year / 12 months
That is annual duration divided by the number of months in a year.
In most cases, for employees who do not belong to special categories with increased vacation time, they have the right to count on 2.33 rest days per month (28 / 12).
It is this rounded number that is used HR specialist when calculating the required number of vacation days at a specific point in time.
Not always the employee requests vacation clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the hours worked, and for this the number of vacation time for a monthly period is useful.
Also, this indicator is useful when calculating compensation upon dismissal, when the vacation period is determined in months, which is then multiplied by the prescribed number of vacation days for 1 month. The result is the total length of vacation time for the entire period.
An example of using the indicator 2.33
Terms:
The employee was hired on January 10, 2018, from September 1, 2018 he leaves for annual leave. How many vacation days does he need to provide and pay?
Calculation:
- The total length of service is established, giving the right to paid rest: 7 months. and 23 d. 23 are rounded up to the full month, for a total of 8 months of experience.
- Quantity is calculated due days rest = 8 * 2.33 = 18.64.
- Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation time.
For an incomplete month
With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are required, or vacation is not provided at all. There can be no other cases.
If an employee worked less than 15 days in a month, then this period is not a basis for assigning vacation time.
If 15 or more worked, then it is recognized for a full month and is compensated by 2.33 days of rest.
This moment is usually interesting when dismissing an employee, when you need to calculate compensation for unused time, and also when vacation is taken for an incompletely worked year.
Example:
Condition:
An employee leaves on February 7, 2018. The vacation period is 2 years 4 months and 16 days. During the work period, 42 days of rest were used. It is required to establish for what period it is necessary to pay compensation upon dismissal.
Solution:
- The vacation period is calculated in full months (16 days are taken per month, since more than half have been worked out in it), the total length of service is 29 m.
- The required vacation time for this period is considered: 29 * 2.33 = 67.57.
- The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be charged.
Who is entitled to a longer rest?
Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter, dividing the annual duration, taking into account the main and additional components, by 12.
- minors;
- police officers;
- judges;
- working in dangerous and harmful conditions;
- , as well as a number of others.
How much does it cost for six months of work?
Another popular question that employees are interested in is how many days of vacation they can get for half a year of work.
A period of six months is the minimum period that you need to work in an organization in order to receive an annual paid vacation.
If this period is fully worked out, then can claim full annual leave but in agreement with the employer.
Important! A minimum of 14 days of rest is required for this period, however, the legislation allows you to take all 28 days off for the working year.
Holiday date must be agreed with the employer. by submitting an application. the order of staff vacations is drawn up at the end of the previous year, so employees hired in current year are not included in the schedule.
Some organizations have a practice of compiling newly hired employees by setting specific rest dates for them after six months of work, then there are no problems. You do not need to agree on anything, as well as write an application for the provision of rest.
If the employee is not included in the schedule, then an application must be written according to the model, which can be downloaded at. Next, the date of departure and the duration of the rest are agreed. You cannot leave the workplace without the consent of the management, this will be recognized as absenteeism.
May not agree on rest time pregnant women, minors and those who have adopted a child.
The employer cannot refuse to provide rest after six months, at least 14 calendar days, the employee has the right to take time off according to the law after 6 months of work.
With regard to the full annual duration in 28 days, then the employer can also provide such a number. However, you need to remember that they will be issued to the employee in advance, vacation pay will also be paid, taking into account that the employee still needs to work this time.
If an employee decides to quit, without waiting for the end of the working year, then it will not work to keep the overpayment for vacation pay. You can discuss this issue with the employee so that he voluntarily contributes the necessary amount to the cash desk of the organization, but it is impossible to force him to do this, as well as to withhold money from the calculation upon dismissal.
Therefore, the employer needs to be careful when providing rest in advance.
Useful video
How many vacation days accumulate for each month worked - see the answer in the video:
An employee with a minimum vacation length of 28 days for each month worked can receive 2.33. If the duration of the rest is longer, then the monthly duration increases. You can calculate the required rest time by dividing the total annual number of main and extra days at 12.
After six months from the date of employment, you can apply for at least 14 vacation days, while in agreement with the employer, you can get a full annual leave in advance. However, you need to be careful with overpayment of vacation pay, since with a possible dismissal before the end of the year, it will be quite problematic to keep the money.
For a certain number of days in a row, established by law and provided to the employee annually, while maintaining his place of work and, as a rule, average earnings.
In accordance with Part 5 of Art. 37 of the Constitution of the Russian Federation, a person working under an employment contract is guaranteed the right to paid annual leave. The right to leave arises for all employees, regardless of the place of work and the organizational and legal form of the organization.
Vacation entitlement have all categories of workers: temporary, seasonal, part-time workers, homeworkers, etc. It cannot be limited, canceled or lost during the period of work. Persons who have entered into civil law contracts (for example, a work contract, assignments) do not have the right to leave.
Annual paid vacation- this is continuous rest for a certain number of days in a row, which is provided to all employees to restore working capacity while maintaining their place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation).
In order to be eligible for leave, seniority. The procedure for calculating the length of service, which gives the right to an annual basic paid leave, is regulated by Art. 121 of the Labor Code of the Russian Federation. According to the amendments to the Labor Code of the Russian Federation, changes have been made to the list of periods that are included in the length of service, giving the right to the annual basic paid leave provided for in Art. 121 of the Labor Code of the Russian Federation. First of all, the list of periods includes the period of suspension from work of an employee who has not passed the mandatory medical checkup through no fault of their own. The definitions contained in paragraphs 3 and 5 of Part 1 of Art. 121 of the Labor Code of the Russian Federation, combined, and, thus, it is proposed to include in the length of service periods when the employee did not actually work, but behind him in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, employment contract retained the place of work (position), including the time of annual paid leave, non-working holidays, days off and other days of rest provided to the employee.
Also extended to 14 days maximum duration unpaid leave, in excess of which these periods are not included in the length of service, giving the right to annual basic paid leave. Thus, holidays at their own expense can be taken more freely. If now the eighth (and all subsequent) day of being on vacation at one's own expense is not counted in the length of service that gives the right to paid leave, then only the fifteenth day will be out of offset (Article 121 of the Labor Code of the Russian Federation).
The right to use leave for the first year of work arises for the employee after 6 months of his continuous work in this organization. By agreement of the parties, an employee may be granted paid leave before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation).
Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be granted (Article 122 of the Labor Code of the Russian Federation):
- women - before maternity leave or immediately after it;
- employees under the age of 18;
- employees who have adopted a child under the age of three months;
- in other cases provided for federal laws.
Leave is granted to employees for a period of 28 calendar days. The vacation period does not include public holidays. When determining the duration of the vacation, the working time regime of the organization (six-day or five-day work week) is irrelevant. This is the minimum duration guaranteed by federal law. Therefore, the annual basic leave cannot be less than 28 calendar days. However, it can exceed the specified number of days, this is done in two ways: in a regulatory way and contractual. We are talking about an extended basic leave provided to certain categories of workers in accordance with Part 2 of Art. 115 of the Labor Code of the Russian Federation and other federal laws.
- employees under 18 years of age (minimum vacation duration is 31 calendar days);
- disabled people (minimum vacation duration - 30 calendar days);
- employees of children's institutions (the minimum duration of vacation is 42 calendar days);
- workers educational institutions and teachers (the minimum duration of vacation is from 42 to 56 calendar days);
- prosecutors and investigators of the prosecutor's office (the minimum duration of vacation is 30 calendar days), etc.
For people who work part-time, annual paid holidays are provided simultaneously with leave for their main job (Article 286 of the Labor Code of the Russian Federation). If the employee has not worked at a part-time job for 6 months, the leave is granted in advance.
The rules on holidays (approved by the NCT of the USSR on April 30, 1930), which are currently in force in the part that does not contradict the Labor Code of the Russian Federation, provide that leave can be granted even before the right to it, i.e., in advance. At the same time, the vacation must be complete, that is, the duration established by law, and also fully paid. In addition, the issue of the possibility of granting leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.
Leave for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule. The vacation schedule is drawn up no later than two weeks before the start calendar year. The schedule indicates the names of employees entitled to leave, their positions, structural subdivision in which they work, the number of days and the planned vacation period.
It is prohibited not to grant leave to an employee for two years in a row.
The next annual leave must be granted before the end of the current working year. If the reasons preventing the employee from going on vacation occurred before it began, then new term determined by agreement with the employee.
Employees who have concluded an employment contract for a period of up to two months are provided with paid holidays or are paid compensation upon dismissal at the rate of two working days per month of work.
By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).
Recall of an employee from vacation is allowed only with his consent. The part of the vacation not used in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.
Recall from vacation is not allowed:
- workers under 18;
- pregnant women;
- workers employed in jobs with harmful or dangerous working conditions.
Annual paid leave must be extended in cases where:
- the employee fell ill while on vacation;
- the employee performed state duties during the vacation (if the law provides for exemption from work for this);
- in other cases provided for by law or local regulations of the organization.
The annual paid leave, by agreement between the employee and the employer, is postponed to another period if the employee was not paid on time during this vacation or the employee was warned about the start time of the vacation less than two weeks before it began.
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of the organization's work, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
An employee leaving for is paid average earnings(vacation). Holidays are paid no later than three days before the start of the holiday. Vacation pay is subject to income tax. individuals, the unified social tax, contributions to compulsory pension insurance and insurance against accidents at work and occupational diseases in the usual manner.
Vacation pay is calculated based on the employee's average daily earnings over the past 12 months. The general procedure for calculating average earnings when paying for vacation is established in Art. 139 of the Labor Code of the Russian Federation.
The procedure for granting holidays
Leave is provided for personal statement employee in accordance with the vacation schedule, which is drawn up by agreement with the trade union. The vacation schedule is drawn up taking into account the duration of the employee's vacation and without disrupting the normal course of the enterprise. Vacations can be moved if there is a production need for this, if the employee did not go on vacation in a timely manner without good reason, the employer has the right, at his discretion, to move it to any time in the current year. The transfer of vacation to the next year is allowed only if there are production reasons and with the consent of the employee, and in the current year he must be given at least 6 days from vacation. Recall from vacation can only be with the consent of the employee. Vacation payment must be made no later than three days before it starts (Article 136 of the Labor Code of the Russian Federation). Leave must be granted at any time at the request of the employee:
- minors;
- women for pregnancy and childbirth before or immediately after it;
- women immediately after parental leave;
- other categories established by law.
It is prohibited not to grant leave for two consecutive years, with the exception of persons working in the regions of the Far North. Replacing vacation with monetary compensation is not allowed, except in cases of dismissal or in part exceeding 28 days for each year for which vacation is granted.
Labor legislation allows the heads of organizations to set extended vacations for employees (we already know how many days the minimum is required by law 2019). The maximum should be prescribed in the local acts of the employing organization:
- collective agreement;
- employment contracts;
- internal rules.
The legislation does not prohibit the employer to differentiate 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 the main vacation pay to a decrease in profits, then this is not possible 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 profits. Insurance premiums and personal income tax such vacation pay are taxed on a general basis.
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. For them, management does not set extra time by their own local acts it is already written into the law. So, an extended period of paid rest is set:
- minor workers (under the age of 18) - 31 days ();
- disabled persons of all groups - 30 days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ);
- teachers and lecturers - from 42 or 56 calendar days, depending on the position of the pedagogical worker and the type educational institution(, clause 3, part 5, article 47 of the Federal Law of December 29, 2012 No. 273-FZ);
- scientists with a doctorate degree and working in budget institutions, - 48 days ();
- defense workers chemical industry- from 30 to 40 days, depending on the duration of continuous service (clause 5, article 28 of the Federal Law of August 22, 1995 No. 151-FZ);
- scientists with a PhD degree and working in budgetary institutions - 36 days (Decree of the Government of the Russian Federation of August 12, 1994 No. 949);
- medical workers who have a risk of contracting AIDS - 36 days (Decree of the Government of the Russian Federation of 04/03/1996 No. 391);
- state civil servants - from 30 days, depending on the length of service (part 3 of article 46 of the Federal Law of July 27, 2004 No. 79-FZ);
- employees of the prosecutor's office and the investigative committee - 30 days, excluding travel time to the place of rest and back.
The laws also provide for additional vacation periods in some cases, for example, as defined by Article 321 of the Labor Code of the Russian Federation, for residents of the Far North and equivalent areas. In particular:
- residents of the regions of the Far North - 24 days;
- for residents of areas equated to areas 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 to whom the provision of additional annual paid leave is determined by federal law.
Can be divided into parts
The legislation does not require the employer and employee to use the entire period of paid rest at a time. 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 in this way into two equal parts. As a rule, this is suitable for both employees and employers. But if a person has a need to use all the rest time allotted to him at once, the employer is obliged to provide it in full and does not have the right to demand the division of vacation time. Also, the 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 for one day. This is not prohibited by law.
Compensation for unused vacation days
It is impossible to receive monetary compensation for the main unused vacation period while working in the 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 recreation. 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 the days beyond this figure can be compensated).
Lack of rest is a violation of the law
The employer is obliged to provide annual leave to each employee. If he did not do this for two consecutive years (regardless of the desire of the employee himself), then he may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine in this case is from 30,000 to 50,000 rubles.
According to the Labor Code of the Russian Federation, the duration of vacation provided to employees of the organization is at least 28 calendar days (in accordance with Article 115).
How many days is legal leave?
Every year a person is entitled to a vacation. The vacation schedule is drawn up at the beginning of the working year and all employees are certainly introduced to it, against signature. However, by agreement with employers, vacation can be divided into two parts, you can take it at a different time. But, as they say, these are all features of an individual character. By law, every employee has the right to take leave once a year, the period of which must be at least 28 calendar days. For certain categories of citizens, the vacation period may be more significant.Article 122 of the Labor Code of the Russian Federation clearly defines the procedure for granting paid leave. In principle, the employee's right to use leave arises after six months of work at one workplace. But, by agreement of the parties, leave can be granted earlier.
Before the expiration of six months of work in without fail, at the request of the employee, leave is granted to the following categories of citizens:
- women who are going to go on maternity leave;
- employees who have not reached the age of 18;
- in any other cases stipulated by other federal legislative acts.
Additional paid holidays
Article 116 of the Labor Code of the Russian Federation also indicates that there are additional annual holidays that are provided to certain categories of employees. So, those employees who work in hazardous or dangerous work can count on additional paid leave, and workers with irregular working hours also receive additional leave. We will certainly note that employees of the Far North and other regions with difficult working conditions can count on additional leave.Thus, employees who work in dangerous, hazardous jobs or in regions with a difficult climate can count on additional leave. The amount of leave is determined by government regulations in each case separately. All features of the provision of additional leave must certainly be spelled out in the employment agreement.
You can also always apply for additional leave at your own expense. As a rule, such leave is issued to those employees who have good reasons for this. In this case, the amount of vacation is determined by the employee together with the manager. By law, the head is obliged to provide from one to five calendar days of vacation to those employees who are going to marry, who have a child or a close relative has died. Leave is granted upon request and is unpaid.
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Downloads:
Labor Code of the Russian Federation
Part three
Section V Rest Time
Chapter 19
Article 114. Annual paid holidays
Employees are granted annual leave while maintaining their place of work (position) and average earnings.
Article 115. Duration of the annual basic paid leave
Annual basic paid leave is granted to employees for a duration of 28 calendar days.
Annual basic paid leave lasting more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.
Article 116. Annual additional paid holidays
Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.
Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 117
Annual additional paid leave is granted to employees whose working conditions at their workplaces, based on the results special evaluation working conditions are classified as harmful working conditions of the 2nd, 3rd or 4th degree or dangerous working conditions.
The minimum duration of the annual additional paid leave for employees specified in part one of this article is 7 calendar days.
The duration of the annual additional paid leave of a particular employee is established by the employment contract on the basis of an industry (inter-sectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.
On the basis of an industry (inter-industry) agreement and collective agreements, as well as written consent of an employee drawn up by concluding a separate agreement to an employment contract, a part of the annual additional paid leave that exceeds the minimum duration of this leave established by part two of this article may be replaced by a separately established monetary compensation in the manner, in the amount and on the conditions established by the industry ( intersectoral) agreement and collective agreements.
Article 118. Annual additional paid leave for the special nature of work
The list of categories of employees who are entitled to additional annual paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for granting it, are determined by the Government of the Russian Federation.
Article 119. Annual additional paid leave for employees with irregular working hours
Employees with irregular working hours are provided with an annual additional paid leave, the duration of which is determined by the collective agreement or the rules of the internal work schedule and which cannot be less than three calendar days.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in the federal public institutions normative legal acts of the Government of the Russian Federation, in state institutions of the constituent entity of the Russian Federation state power subject of the Russian Federation, in municipal institutions normative legal acts of local governments.
(Part two as amended by Federal Law No. 55-FZ of April 2, 2014)
Article 120. Calculation of the duration of annual paid holidays
The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling within the period of the annual basic or annual additional paid leave shall not be included in the number of calendar days of leave.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
When calculating the total duration of annual paid leave, additional paid leaves are added to the annual basic paid leave.
Article 121
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The length of service giving the right to annual basic paid leave includes:
actual work time;
the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;
time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;
the period of suspension from work of an employee who has not passed a mandatory medical examination through no fault of his own;
(as amended by Federal Law No. 317-FZ of November 25, 2013)
time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.
(paragraph introduced by Federal Law No. 157-FZ of July 22, 2008)
(part one as amended by Federal Law No. 90-FZ of 30.06.2006)
The length of service giving the right to annual basic paid leave does not include:
the time of the employee's absence from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;
the time of leave to care for a child until he reaches the age established by law;
paragraph is invalid. - Federal Law No. 157-FZ of July 22, 2008.
The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.
Article 122. Procedure for granting annual paid holidays
Paid leave must be granted to the employee annually.
The right to use the leave for the first year of work arises for the employee after six months of his continuous work for this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
women - before maternity leave or immediately after it;
employees under the age of eighteen;
employees who have adopted a child (children) under the age of three months;
in other cases stipulated by federal laws.
Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 123
The sequence of granting paid holidays is determined annually in accordance with the vacation 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.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Certain categories of employees, in the 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, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 124. Extension or postponement of annual paid leave
Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
temporary disability of an employee;
performance by an employee during annual paid leave public duties if the labor legislation provides for exemption from work;
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
in other cases provided for by labor legislation, local regulations.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.
Article 125 Review from vacation
By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.
Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.
Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.
Article 126. Replacement of annual paid leave with monetary compensation
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Part of the annual paid leave, exceeding 28 calendar days, at the written request of the employee may be replaced by monetary compensation.
When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.
It is not allowed to replace with monetary compensation the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, for work in appropriate conditions. (with the exception of payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code).
(as amended by Federal Law No. 421-FZ of December 28, 2013)
Article 127. Realization of the right to leave upon dismissal of an employee
Upon termination, the employee is paid financial compensation for all unused holidays.
At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.
Upon termination due to expiration employment contract leave with subsequent dismissal may also be granted when the time of leave completely or partially goes 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 application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer.
Article 128. Leave without pay
For family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:
participants of the Great Patriotic War- up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days a year;
parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury received in the performance of military service (service), or as a result of a disease associated with military service (service) - up to 14 calendar days a year ;
(as amended by Federal Laws No. 157-FZ of 02.07.2013, No. 305-FZ of 03.07.2016)
working disabled people - up to 60 calendar days a 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.
Labor Code of the Russian Federation
- Labor Code of the Russian Federation - table of contents
- Chapter 1. Basic principles of labor legislation
- Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
- Chapter 3. General Provisions
- Chapter 4. Representatives of employees and employers in social partnership
- Chapter 5. Bodies of social partnership
- Chapter 6 Collective Bargaining
- Chapter 7. Collective agreements and agreements
- Chapter 8. Participation of employees in the management of the organization
- Chapter 9. Responsibility of the parties to the social partnership
- Chapter 10. General provisions. Labor contract
- Chapter 11. Conclusion of an employment contract
- Chapter 12. Changing the employment contract
- Chapter 13. Termination of an employment contract
- Chapter 14. Protection of personal data of an employee
- Chapter 15. General provisions. Working time
- Chapter 16
- Chapter 17. General provisions. Time relax
- Chapter 18 Weekends and non-working holidays
- Chapter 19 Annual paid holidays
- Chapter 20. General provisions. Pay and labor regulation
- Chapter 21 Pay and labor regulation
- Chapter 22 Pay and labor regulation
- Chapter 23. General provisions. Guarantees and compensation
- Chapter 24
- Chapter 25. Guarantees and compensations to employees in the performance of state or public duties
- Chapter 26. Guarantees and compensations for employees combining work with education
