I went on my first vacation. But before that, she had a fight with her superiors. My vacation is standard 28 days. But I thought that they were considered workers, and the personnel officer was talking about what kind of calendar.

I then tuned in for a much longer period, taking into account the weekend. Alas, it turned out that my boss was right and my vacation was exactly 28 days according to the calendar.

After that, I decided to look for information on the net, so that later I would no longer fall into such situations. And with the results of the search will share with you.

Labor law guarantees the worker such a right. In this case, the calculation of the vacation period is carried out not according to calendar time, but according to working time. But the vacation period itself is considered precisely according to the calendar period.

To be fair, we note that the specified period of 28 days is established by law and vacation cannot be less than this period. It is allowed to divide it into several time periods, but the total number of days of a temporary break in work cannot be less than the specified period.

But maybe more? Ask how can it be? Just the legislation provides for some working categories extra days recreation. What is it connected with? With the characteristics of work and profession.

First of all, these are professions with characteristics that are dangerous and harmful to human health. The people working in them are legally established additional days to the mandatory main break.

The number of additional days is not specified and is determined in each case individually. It all depends on what effect the work has on the body, during what period and how much the non-working person needs to fully recover, and how severe the consequences of such an impact are.

Only one thing is known - the number of additional days cannot be less than seven.

Another reason for providing additional days of rest is irregular work. In our case, this is work, the performance of which cannot be ensured on time, and therefore the worker is forced to periodically work in his free time.

All this should happen with the knowledge of the management, while the consent of the employee himself is not among the mandatory conditions. Usually this state of affairs is prescribed in the employment contract.

In this case, the number of additional days for compulsory rest must be at least three.

Also, those persons who work in special conditions receive additional days. In this case, there is no minimum value for the duration of the extension.

As an example, we can cite doctors or workers (employees) in a war zone. The amount of extra time is calculated on a case-by-case basis.

Workers in the conditions of the Far North receive an additional 24 days in addition to their basic leave of 28 days. Those working in regions equated to the far north have an additional 16 days of rest.

The procedure for granting leave

The employee receives the opportunity to legally take a break from work six months after applying for a job. You can, of course, exercise the right before the deadline, but in this case, you must obtain the consent of the head of the enterprise.

The following categories of citizens are excluded:

• Pregnant ladies preparing to go on maternity leave;
• Underage workers;
• Those who took care of children under three years of age.

For the rest, rest is provided according to the approved schedule.

In order to receive legal rest, the employee must write an appropriate application to his supervisor. On the basis of which the leader issues his order.

The employee must be familiarized with this order against signature. According to the law, financial assistance is transferred to the employee three days before the start of the holiday. The so-called vacation.

If an employee is dismissed, then if his vacation is not used, then he must be paid at work monetary compensation.

Priority

As already mentioned, this rest is provided according to the approved schedule. It is usually drawn up taking into account the opinion of the employee and the trade union. With the last figurant, the schedule should be agreed no later than two weeks before the new year.

Leave is granted only according to the schedule. The fact that he has a vacation soon, the employee must be informed two weeks before it starts.

Extend or reschedule

Sometimes an employee may ask management to reschedule or extend the vacation period. The decision on this request is made by the head. Reasons for this could be:

• Sick leave, the period that fell on vacation time;
• Obligations of a labor nature that require the employee to be at the workplace.

In addition, other cases of changing the terms and duration of rest can be established within the organization.

Also, a person himself can become the initiator of changing the schedule - this happens in two cases:

• Vacation pay was issued later than three days before the start of the vacation;
• Or the employee was notified less than two weeks before the start.

In these cases, it is enough for the employee to apply to the management with a petition. Usually refusal should not be, because such actions of the leadership mean a violation of their obligations.

Also, the terms of rest can be changed due to the fact that a person is a leading specialist and he is needed at work at this particular time. But then he must be granted leave within the next 12 months.

• Minors;
• Working in a hazardous industry.

Also, the employee has the right to receive monetary compensation for all days beyond the mandatory period. about tuned for a much longer period, taking into account the weekend.

To each employee on the basis of the Labor Code of the Russian Federation leave once a year. Depending on the profession, rest can last a different amount of time, but not less than 28 days.

What exactly 28 days count as vacation - calendar or business- we will analyze in the article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Legislative regulation

According to the Labor Code, article 115, the employer must be paid at least 28 days a year. Whatever controversy it may cause, calendar days are paid and provided to the employee.

If the vacation falls on a holiday non-working days, then they are in its duration not included and paid that governs the same Labor Code.

Learn more about holidays that fall on holidays, you can find out.

• Manager Karpov decided to take a break and wrote an application for a vacation from April 10 to April 17. During these 7 days there are 2 days off - Saturday and Sunday. Karpov paid all 7 days in a row and they are all included in the vacation.
• If Karpov writes an application for a vacation for the period from May 7 to May 14, then only 7 days will be counted towards the vacation, since May 9 - holiday.

Not included in the vacation calculation is the time that the vacationing employee spent on if he provides sick leave to the billing department. The period of incapacity for work, passing on vacation, rest period per sick days.

Watch the video about the nuances of granting leave:

Extra days

28 days is the minimum vacation period established by TC. An employer may also set longer holidays for his employees. The amount that is paid by the employer is negotiated in a collective labor agreement or in individual, as well as in local regulations.

Additional vacation days provided to certain categories of workers:

• Employees must rest for at least 30 calendar days , civil servants, prosecutors and employees of the UK.
• At least 31 calendar days of rest minors.
• Employees have 36 working days off medical organizations, working with HIV infected.
• Employees have the right to rest from 30 to 40 calendar days emergency services.
• 36 working days can rest PhDs.
• 48 working days leave for doctors of sciences.
• 42 or 56 calendar days rest teachers.
• 49 or 56 calendar days rest working with chemical weapons specialists.

In addition, there is also the concept northern additional leave, which is regulated by article 321 of the Labor Code. It also has different duration:

1. for those working in the Far North - an additional 24 calendar days;
2. for those working in places equivalent to the Far North - another 16 calendar days;
3. in other northern regions - additional 8 days.

According to article 116 of the Labor Code additional holidays are also granted to employees:

• with a working day (usually from 3 calendar days);
• working in production (usually from 7 calendar days);
• workers in jobs of a special nature (from 3 working days or more), etc.

At the discretion of the employer, additional holidays may also be granted to those working in other jobs.

Why and under what conditions this is done - it is prescribed in or in local regulations.

The principle of calculating the duration of additional leave does not differ from the calculation of the main. That is, holidays are not included in it.

The collective labor agreement may stipulate the possibility for certain categories of workers to take unpaid additional leave. Usually these are working pensioners, disabled people, single mothers and other categories.

The law provides for such an opportunity, but the solution of this issue was left at the discretion of the employer. In the event of the birth of a child, for the registration of marriage, due to the death of close relatives, unpaid leave of up to 5 calendar days is provided.

Division into parts

Both the main vacation and the additional one can be combined into one. If desired, the entire vacation can be divided into parts. For this, 2 conditions must be met:

1. necessarily existence of an agreement between employee and employer;
2. one part of the vacation for the year must be at least 14 days.

For example, laboratory assistant Afanasyev is entitled to a basic vacation of 28 calendar days and additional leave for harmfulness of 7 calendar days.

Afanasyeva can take a 15-day vacation in the summer, then take another 10 days of vacation from August 25 to September 3 to get her child ready for school. She also has 10 vacation days left to go skiing in December.

The law allows you to take one long vacation per year (at least 14 days long), and the rest break into any number of parts. In this regard, it becomes profitable for employees working at 5 to take a vacation for 5 days working week from Monday to Friday, and then spend another 2 days off, not including them on vacation.

So you can save as much as 2 calendar days of vacation every week.

If the vacation is 28 days (that is, it includes 4 Saturdays and 4 Sundays), then you can do the following:

• Take a 14 day vacation.
• After 2 months take 5 days from Monday to Friday.
• After a couple of months take another 5 days from Monday to Friday.
• There is still a reserve of 4 calendar days saved on the weekend.

Vacation is divided only by agreement with the employer! That is, the employer may not agree to such a division.

Since there is no minimum unit of vacation, many employees take 2 days off, for example, before weekends or holidays.

When can you take a vacation?

After 6 months of continuous operation the employee receives the right to paid leave from a particular employer. An employee can ask for leave from the employer even earlier than this period. At the same time, vacation is not calculated in proportion to the hours worked, but provided in full, and the employer pays all vacation days.

An employer is not entitled to impose a vacation of 14 calendar days on an employee. If, subsequently, the employee quits before the expiration of a year from the start of employment, from his payment the part paid for excessively granted vacation is withheld.

In subsequent years of work vacation is provided in accordance with the vacation schedule, which is compiled taking into account the wishes of the employee. Study holidays do not have any effect on the main vacation.

In conclusion, it can be noted that the may require the employer to grant him full leave- no matter how long it is. The employer cannot refuse to satisfy legal requirements.

Vacation sharing is allowed only by mutual agreement sides.

Annual additional paid (as amended by the Federal Law of 30.06.2006 N 90-FZ) (as amended.

Federal Law of 30.06.2006 N 90-FZ) Article 117. Annual additional paid leave for employees employed in work with harmful and (or) dangerous working conditions (as amended by

Federal Law No. 90-FZ of June 30, 2006) (part two as amended by

Federal Law No. 90-FZ of June 30, 2006) Article 118.

How many days of the next vacation are required according to the Labor Code

If you want to know how to solve your particular problem, please contact a consultant: average earnings calculated for the 12 months prior to registration. The duration of the period of release from work Also, the norms of the Labor Code of the Russian Federation provide for the possibility of dividing the annual into parts on the basis of Article 125 of the Labor Code of the Russian Federation, but only under certain conditions.

At the same time, Saturday and Sunday will automatically complement yours to a week. Thus, you can save 2 calendar days of vacation every week!

Tempting? And then! To clarify the situation, let's take a look at the Labor Code of the Russian Federation: Article 120. Calculation of the duration of annual paid vacations The duration of annual basic and additional paid vacations of employees is calculated in calendar days and is not limited to a maximum limit.

The procedure for providing rest and how many days, according to the law, are required for employees, are established in Chapter 19 of the Labor Code of the Russian Federation.

The Code contains the procedure for granting holidays, their types, duration depending on the category of persons or work, the possibility of obtaining compensation and other important conditions for employees. Paid annual leave is provided to: employees.

Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums(P.

2 tbsp. 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 workers, according to the legislation, should be provided with a longer duration. About how many days they are supposed to have per year, read below. Extended leave under the Labor Code 2019: how many days Who is entitled to apply for extended leave and how many days of leave should be provided to these persons is indicated in the table.

Leave under the new rules

Labor and the ILO It is interesting to note that of the 183 member countries of the ILO to Convention No. this moment only 35 countries joined.

They do not include countries such as the USA, Canada, France, Great Britain, etc.

In addition to Russia, some developed European countries have joined the Convention - Germany, Italy, Spain, Sweden. In addition, developing countries such as Yemen, Malta, Armenia, Ukraine, etc. are also participants.

Why vacation 28 days?

We didn't find the answer to your question! Ask our expert a question (free) ask a question This one will take you 2 minutes…days. Although some enterprises are ready to give 28 days for rest.

But the fixed duration of the vacation ... ... September I go on vacation on May 15 ... that I have only 35 calendar days ... and why so few days went by transfer

Lawyers Answers (1)

Labor Code of the Russian Federation, Article 115. The duration of the annual basic paid

The annual basic paid is provided to employees for a period of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main) is provided to employees in accordance with this Code and other federal laws.

Labor Code of the Russian Federation, Article 125.

The division of the annual paid into parts. Feedback from

By agreement between the employee and the employer, annual paid leave may be divided into parts.

My employer claims that annual leave out of 28 days should be 20 working days. That is, for example, if you gain 5 working days of vacation, then 2 days off are automatically added to it. Or this is how it was this year: April 28 is a working Saturday, and they told me that you can’t take a vacation from April 16 to April 29, you must definitely from 17, since there is one working day more.

Does an employer have the right to interpret the labor code in this way? Or is he violating my rights by imposing vacation periods in order to fit it into 20 working days?

Sincerely, Vasily A.

The law does not provide any clarifying information about the breakdown into working days and weekends. You have the right to rest for 28 calendar days in a row, and it does not matter how many of them will be on workdays or weekends.

How many days can you go on vacation

If you wish, you can divide the vacation into parts. However, in labor code it is said that at least one of the parts of this vacation must be at least 14 calendar days. It turns out that you have to rest at least once a year for 2 weeks in a row, but nowhere is it said on which specific day your vacation will begin - this means that you can start it both from a working day and from a weekend.

You can negotiate with the employer for the remaining 14 days. If none of you mind, you can take this period in pieces only on working days or only on weekends - it depends on the desire of the parties and the readiness to meet each other halfway. Such splitting would be legal. If the employer does not want to provide the remaining vacation in parts, you will have to take all 14 days in a row.

And of course, the employer does not have the right to adjust vacation dates solely for working days. Your vacation may include working days, weekends and even non-working holidays.

By the way, if a holiday falls on a holiday, the holiday is extended by one day. But this only applies to the holidays listed in article 112 of the Labor Code of the Russian Federation. If a day off postponed from another date is added to a holiday, you will spend such a day as a regular vacation day - it will not be compensated.

What is a vacation schedule

The only document that can legal grounds limit the dates of your vacation - this is the vacation schedule. His employer draws up in advance and, if the company has a trade union, coordinates with him.

The vacation schedule is drawn up no later than two weeks before the new calendar year. It is mandatory for both the employer and the employee. The schedule takes into account the norms of the current legislation, the specifics of the organization's activities and the wishes of employees. By agreement between you and the management, then it will be possible to change the dates of the rest, but if there is no need, it is still better to take a vacation at a predetermined time.

If you have a question about personal finance, credit history or family budget, write to: [email protected] We will answer the most interesting questions in the magazine.

Calculation of vacation days in 2019 - an example and a general algorithm for how vacations are calculated can be found in our article. And of course, find out if something has changed in this calculation since 2019.

How vacation time is calculated: basic rules

• when sending an employee on vacation and issuing vacation pay;
• payment of compensation for unused vacation with or without dismissal.

In both cases, the calculation of calendar days of vacation occurs according to general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, just such a period of time is provided for rest for employees of most companies.

The leave is extended for days of illness, execution public duties and in some other cases (Article 124 of the Labor Code of the Russian Federation).

• employees under the age of 18;
• municipal and civil servants;
• employees of the educational sphere;
• disabled people;
• employees of drug control bodies;
• investigators and prosecutors working in areas with a special climate;
• other categories of workers.

The organization can also set a different vacation duration by fixing this in a local document.

Study the nuances of granting additional holidays using the materials of our website:

• "Additional leave for irregular working hours" ;
• “The Supreme Court clarified how to calculate the duration of additional holidays” .

Thus, the first thing to do before calculating the calendar days for calculating vacation is to determine the length of service of the employee in the organization.

IMPORTANT! In general, a person can take a vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can leave to rest earlier. Rest for subsequent years is provided at any time according to the order of holidays established by the employer.

After the length of service has been calculated, it is necessary to determine how many days the employee is entitled to count on the vacation calendar. You need to proceed from the following: with a generally accepted 28-day vacation, provided in calendar days, for each month worked, an employee is entitled to 2.33 vacation days (28 days / 12 months).

Calculating vacation time

We start counting the length of service from the date the vacationer is hired. In other words, the calculation is carried out not according to calendar, but according to the so-called working years.

Example

For an employee who was employed on 04/11/2019, the first working year will be from 04/11/2019 to 04/10/2020, the second - from 04/11/2020 to 04/10/2021, etc.

When calculating vacation days for the worked period of an employee, we take into account the time when he:

• directly worked;
• actually did not work, but the position was retained for him;
• was on vacation at his own expense (but not more than 14 calendar days per year);
• was forced to skip work due to illegal dismissal or suspension;
• was suspended without passing mandatory medical examination through no fault of their own.

The answer to the question of whether vacation days are excluded from the calculation of vacation pay is partly positive. So, we exclude from experience:

• vacation periods without pay over 14 days;
• "children's" holidays;
• absence from work without good reason.

Example

The employee was accepted into the organization on 07/11/2017 and worked until 03/21/2019 without vacation. He was ill from 02/12/2019 to 02/21/2019.

First, the number of months in the worked period is determined.

12 months (07/11/2017 - 07/10/2018) + 8 months and 10 days (07/11/2018 - 03/21/2019) - 10 days of illness = 20 months.

Number of vacation days: 28 / 12 × 20 = 46.67 days.

How to correctly calculate the vacation period if a holiday falls on it

In Art. 120 of the Labor Code of the Russian Federation, a rule is fixed, according to which non-working holidays falling on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

1. The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example

The leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start working not on March 18, 2019, but on March 19, 2019.

1. The vacation period is indicated by its start and end dates. In this case, the used days of rest are the days of the corresponding time interval minus holidays.

Example

The leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls on this period, the vacation is considered to be used in the amount of 13 days.

When calculating for a vacation in an incomplete month, one should also take into account the calendar days that fall on the worked period, and not just working (actually worked). So, holidays, as well as weekends that do not fall under the periods listed in clause 5 of the Regulation approved by government decree No. 922 of December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let's give an example of calculating the days of the billing period for vacation in 2019, taking into account the above subtleties and nuances.

Let's say an employee got a job in a company on 06/17/2016.

During his tenure, he:

• was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
• took a vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
• was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

From 01/15/2019, he decided to quit, having previously taken all the days that he did not use during his work.

When the billing period has not been fully worked out, the following formula is applied:

SDZ \u003d ZP / (29.3 × MP + KD),

MP - fully worked months;

CD - calendar days in an incomplete month.

The value of the CD is determined by the formula:

KD \u003d 29.3 / KDo × Kdr,

KDo - calendar days in a month not fully worked;

Kdr - calendar days in the same month attributable to the time of work.

Example

The employee worked in the company for 7 full months and 20 days in a month, the duration of which is 30 days, and before leaving he decided to take his vacation off. For the period of work, he was credited with 253,000 rubles. In this case, the average daily earnings will be:

SDZ \u003d 253,000 / (29.3 × 7 + (29.3 / 30 × 20)) \u003d 253,000 / (29.3 × 7 + 19.53) \u003d 1,126.30 rubles.

If by the time the vacation began, the employee had no earnings and working days, then the formula is applied:

SDZ \u003d O / 29.3;

O - official salary or tariff rate (clause 8 of regulation No. 922).

Calculation of vacation in 2019: the total amount of vacation pay

Vacation pay is calculated according to the formula:

OTP \u003d SDZ × NDO,

SDZ - average daily earnings;

NPV is the number of vacation days.

Example

From 03/21/2019 to 04/17/2019, the employee was granted 28 days of vacation. The period from 03/01/2018 to 02/28/2019 has been fully worked out. An employee receives a monthly salary of 32,000 rubles. In December 2018, he received a bonus of 5,500 rubles. based on results for November 2018.

ZP \u003d 32,000 × 12 + 5,500 \u003d 389,500 rubles.

SDZ \u003d 389,500 / 12 / 29.3 \u003d 1,107.79 rubles.

OTP \u003d 1,107.79 × 28 \u003d 31,018.12 rubles.

NOTE! If errors are found in the calculation of vacation pay, they should be recalculated. In case of overpayment, it is necessary to withhold it from the employee’s salary strictly with his consent. If you don't pay, pay extra.

How to calculate vacation pay for the year if there are months in the billing period with no income or only with one that is excluded from the calculation? Actions here will depend on the availability of income in other periods:

• if it was available in the periods preceding the settlement period, then the calculation period is shifted to those months when the income was;
• if there was no income in the previous billing periods either, then the calculation is made according to the data for the days worked in the month of going on vacation;
• if there is no income in the month of going on vacation, then the calculation is performed from the salary ( tariff rate).

For the first option, the formulas for calculating vacation pay will be the same as those given in the previous section.

• for the second option, from the terms shown in brackets, the one obtained as the product of the number 29.3 by the total number of months in the billing period will disappear;
• in the third option, the income will be replaced by the amount of the salary (tariff rate), and instead of the part that is contained in brackets, it will be necessary to use the number 29.3.

Vacation calculation: features

Bonuses that form part of the paid income are included in the calculation in a special manner, depending on:

• from the period with which their accrual is connected;
• grounds for accrual;
• time tracking fact actual work when calculating.

These circumstances determine the possibility of accounting in income for premiums accrued in the billing period:

• monthly - in full, but only on one of several identical bases for accrual;
• accrued for a longer period - in full in respect of each of the indicators, if the period of its accrual is fully included in the calculation period, and with a calculation that provides for the allocation of a part corresponding to the number of months of the calculation period, if the latter is less than the period of accrual of the bonus;
• per annum - in full, if their accrual is related to the year preceding the year of calculation of vacation pay;
• when calculating which the time of work was taken into account - in full, but recalculated in proportion to the time worked in the billing period, if there was no such accounting when calculating the bonus.

And when calculating vacation pay, you need to take into account the increase in salaries in the organization. At the same time, vacation pay is calculated taking into account the multiplying factor.

NOTE! Recalculation of vacation pay, taking into account the multiplying factor, is carried out only if the salary increased simultaneously for all employees of the enterprise, department or branch (clause 16 of regulation No. 922).

Employees who perform seasonal work or are hired employment contract for a period of not more than 2 months, vacation is issued in working days. The average daily income is calculated as follows:

SDZ \u003d ZP / LSH,

DSh - the number of working days for a six-day period.

The total amount is determined by the formula:

OTP \u003d SDZ × NDOr,

CHDor - the number of days of vacation provided in working days.

For each month worked, conscripts are entitled to 2 days of vacation (Article 295 of the Labor Code of the Russian Federation).

Example

Painter P. V. Soldatov was accepted into the organization for the period from 03/01/2019 to 04/08/2019.

According to the application, he was granted leave for 2 days - April 9 and 10 - with further dismissal. The salary of the employee under the contract amounted to 37,000 rubles.

The accountant calculated the number of days for calculation according to the six-day schedule. It is equal to:

SDZ \u003d 37,000 / 32 \u003d 1,156.25 rubles.

OTP \u003d 1,156.25 × 2 \u003d 2,312.50 rubles.

Results

Calculating vacation days and paying for it is easy. The main thing is to know the basic rules (and, as we see, they have not changed in 2019) and take into account some, for example, “holiday” nuances. The rest, as they say, is a matter of technique.