Title: Additional leave Chernobyl victims Description: Who is entitled to Chernobyl vacation, duration of Chernobyl vacation

Chernobyl vacation

Chernobyl workers are entitled to some vacation privileges. For example, some employees are entitled to additional annual paid leave, and some are entitled to leave at a time convenient for them.

Chernobyl vacation: who is eligible

Find out which employees are entitled to additional leave, and who are entitled to leave convenient time, and for those who need both, our table will help:

It is important to note here that payment for Chernobyl leave is not made at the expense of the employer, but at the expense of budget funds.

Documents confirming the right to Chernobyl leave

Workers who received radiation sickness or became disabled as a result of the Chernobyl disaster, as well as workers who took part in the liquidation of the consequences of this disaster, confirm their right to receive vacation privileges special ID disabled people (Appendix No. 1 to the Procedure, approved by Order of the Ministry of Emergency Situations of Russia No. 728, Ministry of Health and Social Development of Russia No. 832, Ministry of Finance of Russia No. 166n dated 08.12.2006) or a certificate of a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant (Appendix No. 1 to the Procedure, approved by Order Ministry of Emergency Situations of Russia N 727, Ministry of Health and Social Development of Russia N 831, Ministry of Finance of Russia N 165n dated 12/08/2006) and badge.

A passport can serve as a document confirming the right to Chernobyl leave granted in connection with residence in this zone.

Application for Chernobyl leave: sample

A sample application for Chernobyl leave, as well as accounting and reflection of such leave in the vacation schedule and time sheet, can be found in.

Still working all over Russia a large number of people who are involved in the liquidation of the accident at the Chernobyl nuclear power plant. When granting leave, they need separate approach. We'll tell you what it is and also give application for Chernobyl leave with sample.

Separate status

Vacation schedule for Chernobyl victims

Sample application

An employee directly related to the accident at the Chernobyl nuclear power plant (who lived in close proximity to the site of the disaster or who eliminated it Negative consequences), sometimes he is obliged to write a special statement according to the model accepted in the organization, but only in cases specific to this circumstance. Provided that:

• not indicated in the accepted vacation schedule exact date the beginning of the annual main leave, but only the month the employee goes on vacation;
• after the official signing of the vacation schedule, the employee who lived in the area of ​​the accident at the Chernobyl nuclear power plant or participated in eliminating its results, decided to change the time of annual main leave;
• a vacation schedule for employees is officially signed, and subsequently the employer takes on a new employee who also has statutory the right to a similar vacation period, but no changes are made to the approved vacation schedule.

Those employees who is entitled to Chernobyl leave, are obliged, if the previously stated conditions exist, to write a corresponding statement. At the same time, it may have next view.

As for the working time sheet, in this document the annual additional leave of Chernobyl-affected employees is designated by a standard symbol - the code “OD” or “10”.

Special attention

Since additional leave of this type is a kind of compensation for harm caused to people, employers are obliged to provide it to their employees who have it. every right. At the same time, payments come from budgetary funds, and not from the employer’s funds. Therefore, the annual extra rest must be completed in accordance with all the rules. In accordance with this, it is necessary to obtain an application for Chernobyl leave from the employee. But only in the cases listed above. Absence of this document regulatory authorities will consider it an offense.

When eliminating the consequences emergency situation participated at the Chernobyl nuclear power plant great amount people who are now entitled to certain benefits by law. First of all, regarding rest time. We are talking about additional Chernobyl leave issued every year. And sometimes it needs to be given within a time period acceptable to the employee.

Who is entitled to

This type of rest is reserved for strictly defined categories of workers. Therefore, it is necessary to clearly understand who exactly can apply for Chernobyl leave. To do this, we will tell you about all the persons to whom the law has granted the corresponding right to rest, as well as its features and duration. They may vary.

On legislative level adopted back in 1991 special law No. 1244-1. It is dedicated to guarantees for persons affected by the Chernobyl situation. Formally, it divides citizens who are entitled to Chernobyl leave into groups depending on the conditions for its provision. Let us list them in general terms.

1. Employees who received a blow from radiation while eliminating the consequences of the accident at the Chernobyl nuclear power plant, as a result of which they suffered from radiation sickness and other (related) resulting diagnoses. These employees cannot be refused to be given additional rest for a period of 14 days at a time convenient for them. It is also assumed that the main leave will be used at any time of the year convenient for the employee.
2. Employees who became disabled after this disaster. This group, in particular, includes people who voluntarily left a dangerous territory for evacuation by decision of the authorities. And also those who participated in eliminating the consequences of the emergency or worked at this station until its sad ending. Such workers should also be given two weeks of additional Chernobyl vacation period, and provide regular vacation at a time of the year that is comfortable for them.
3. Those who, in 1986–1987, actually eliminated the results of the disaster with their own hands, and also engaged in evacuation local residents, agricultural livestock and valuable property from the exclusion zone. In addition, this group also includes the military, police officers, who at that time were called to training camps in order to be involved in eliminating the accident. Citizens who were called up for military training to work at the “Shelter” facility (this is an insulating structure made of concrete and metal structures above the 4th power unit of this nuclear power plant). These persons also have the right to leave for Chernobyl zone stay. And finally, this category of beneficiaries includes junior and mid-level medical specialists, doctors and other employees of medical institutions who provided services from April 26 to June 30, 1986 medical care victims and received excess doses of radiation. All these people are entitled to additional leave of 14 days, as well as basic rest - at any time convenient for them.
4. Persons who, from 1988 to 1990, participated in measures to eliminate the results of the Chernobyl emergency are also entitled to Chernobyl leave. Among them are military personnel and employees of internal affairs bodies. This category also includes workers who not only participated in eliminating the results of the accident during specified period, but also those involved in the direct operation of the facility. IN in this case Such people are not entitled to additional leave, and main rest should be allowed whenever such an employee wishes.
5. Workers who were directly involved in work in the established exclusion zone. The employer is not at all obliged to provide basic leave to such categories of citizens at any time of the year, but only within the period specified approved schedule vacations. Concerning d additional Chernobyl leave, it is given in accordance with the procedure established for employees working in hazardous or dangerous places. More details about the procedure for providing this type of vacation can be found in Art. 117 Labor Code.
6. Civilian employees who were evacuated from the disaster zone in 1986 or moved for permanent residence to other territories in 1986 and subsequent years. This group also includes children born a little earlier or at the time of resettlement (were in a state of intrauterine development). The employer must give this category of workers regular annual leave at any time, as well as additional Chernobyl leave of 14 days.
7. Persons from among the “civilians” who permanently resided in the territory of the exclusion zone and had the right to resettle. Such employees in mandatory it is necessary to provide additional annual leave in the manner provided for employees engaged in hazardous or hazardous conditions labor. However, the employer is not obliged to provide basic leave at any time convenient to them.
8. Employees who were temporarily sent to the residential area with the right of resettlement to perform certain works. Employees do not have the right to use the main leave during an arbitrary period of time, and additional leave is permitted in accordance with the rules established for persons employed in industries with hazardous or harmful factors.
9. Employees from among civilian population permanently residing or working in a risk zone with a preferential socio-economic status. This group also includes people who permanently lived in an area with this status before January 1, 1991, and then until December 2, 1995, and who left this area, but returned to permanent housing. In this case, providing the main vacation period at a time of year suitable for the employee is not mandatory for the employer. And additional annual leave is allowed in the manner prescribed for employees. At the same time, excess rest “for harmfulness” is not taken into account separately. The specified additional Chernobyl leave has a duration of 7 days, provided that the employees were constantly in the zone before December 2, 1995.
10. Civilians who lived and worked in the resettlement zone until they were moved to other territories. The employer is not obliged to give such employees basic leave at any time suitable for them. And annual additional Chernobyl leave is required according to the rules established for employees working in harmful or dangerous conditions. In this case, the duration of additional rest depends on the time of residence or work in the resettlement zone: 21 calendar days - from April 26, 1986 and 7 calendar days - from December 2, 1995.
11. Civilian employees who worked in direct danger zone, but did not live here. This category employees do not have the right to postpone the annual main leave to a period suitable for them, while additional leave is allowed in accordance with the procedure established in Art. 117 of the Labor Code - as for workers employed in harmful or dangerous conditions.
12. Employees who in 1986 and other subsequent years on a voluntary basis moved from the emergency zone with the right to resettle to other regions. They must be provided with 14 calendar days of annual additional Chernobyl leave. In addition, they have the right to postpone the annual main leave for a period acceptable to them.
13. Employees who, after June 30, 1986, moved to a dangerous resettlement zone for permanent residence. In this case, they do not have the right to transfer the main leave to their preferred period of time, and additional annual leave is allowed under the same circumstances as for workers in harmful or dangerous working conditions. In this case, the vacation period can be 21 or 7 calendar days, depending on the moment they live there - from 04/25/1986 or from 12/02/1995, respectively.
14. Employees who, after June 30, 1986, permanent basis moved to a residential area with the right to evict. For this category, transfer of leave to an acceptable period of the year is not provided, and additional Chernobyl leave in 2018 is determined by the time actually worked - based on the procedure for granting leave for workers employed in harmful or dangerous working conditions.
15. Military personnel who are general procedure serve in the established exclusion zone. In this case, provision of basic leave at the time desired by the employee is not provided. Additional leave is allowed in the amount of 30 calendar days, not taking into account the time required to travel to the place of rest and back. In addition, when granting additional leave, the period required to reserve living space at the previous place of service is not taken into account.

It should be noted that vacation money for Chernobyl subordinates comes from the state treasury, and not from the funds of a legal entity.

List of documents

To receive the special leave in question, it is necessary to submit certain documents, which indicate that the employee has the right to receive payments as part of such vacation. This is enshrined at the legislative level in the documents listed below:

• Appendix No. 1 to the Procedure approved by order of the Ministry of Emergency Situations of Russia No. 728, the Ministry of Health and Social Development No. 832, the Ministry of Finance No. 166n dated December 8, 2006. According to this document, those who, due to the Chernobyl disaster or while participating in the elimination of its harm, received painful exposure or disability , must have a special ID;
• Appendix No. 1 to the Procedure approved by order of the Ministry of Emergency Situations of Russia No. 727, Ministry of Health and Social Development No. 831, Ministry of Finance No. 165n of the same date. According to this document, the applicant for special leave is required to show the certificate of emergency liquidator and a body badge.

Among other things, additional leave should be given to Chernobyl victims even if they simply lived at the site of the disaster. To obtain it, you must provide your employer with your passport.

Russian legislation guarantees certain benefits and compensation for certain categories of citizens. One of them is the right to receive additional leave. Citizens affected by the Chernobyl nuclear power plant accident also receive this opportunity. Who along with annual leave maybe get Chernobyl? How can an employee get it and for how many days? More details about this benefit can be found in the article.

Who is entitled to Chernobyl leave by law?

Chernobyl victims can get additional days recreation based on Russian Law No. 1244-1. It indicates the division of citizens from this category into 4 groups, for each of which various guarantees are supposed to be provided. So, who is entitled to such a vacation? These include citizens:

• have had radiation sickness or other illness related to radiation contamination based on clause 1, part 1, art. 13;
• having a disability due to a disaster or due to the fact of eliminating its consequences in accordance with clause 2, part 1 of art. 13;
• workers, military, medical personnel, management personnel involved in the liquidation of the accident in accordance with clause 3, part 1, art. 13;
• working in the exclusion zone on the basis of clause 5, part 1, art. 13;
• evacuated citizens and those who moved later in accordance with clause 6, part 1, art. 13;
• employees working in the territory close to the exclusion zone on the basis of clause 7, part 1, art. 13;
• relocated employees working in the contaminated area in accordance with clause 9 of Art. 13;
• military personnel who were required to serve in this zone on the basis of Art. 23.

Such rest is not provided only to those workers who eliminated the consequences of the accident at the Chernobyl nuclear power plant after 1988-90.

How many days?

According to the law, Chernobyl victims have the right to receive additional leave, ranging from 7 to 30 calendar days, taking into account their membership in a certain category.

The following citizens are additionally entitled to 7 days of rest:

• workers of the exclusion zone, including those who are granted the right to resettle;
• employees who were sent to this zone and who also have social benefits;
• working in the exclusion zone, but living in another region.

14 days receive:

• survivors of radiation sickness;
• disabled people of the Chernobyl disaster;
• workers eliminating the consequences of the disaster in 1987-88;
• working in the post-accident period;
• evacuated residents from this territory;
• workers in the danger zone who have the right to move out.

More long time for rest, lasting 21 days, workers have to eliminate the consequences immediately after the accident at the Chernobyl nuclear power plant. Military personnel serving in the exclusion zone are entitled to the longest Chernobyl vacation- 30 days.

Documents for Chernobyl vacation

To receive Chernobyl leave, in addition to the corresponding application from the employee, he must provide a certain package of documents indicating such a right. These documents include the following:

• certificate of disability as a result of the disaster;
• certificate of participation in the liquidation of the consequences of the Chernobyl accident.

In addition, even the fact of living in this dangerous zone gives the right to additional rest. To do this, it is enough to present a citizen’s passport.

Sample application

To receive any leave, you must write an application addressed to your manager. This case is no exception. In 2018, such an application form must contain the following information:

• “header” indicating the information of the manager and employee;
• Title of the document;
• request to provide rest, referring to the articles of the law;
• terms and date of the desired vacation;
• date and signature.

Reference

To calculate Chernobyl leave, you must issue a certificate of average earnings. Its necessity arises due to the fact that it is supposed to be paid for from the federal budget.

The help contains the following information:

• period of rest provided;
• average earnings;
• amount of vacation pay;
• information about work in the alienated zone.

How to calculate?

To find out how much payments will be made to Chernobyl victims for their vacation, you need to make simple calculations.

The procedure for this is as follows:

• Determine the amount of payment taking into account the billing period - multiply the salary by the months worked.
• Calculate the average number of days worked - multiply by 29.4.
• Calculate average earnings- divide the salary from the first point by the days from the second point.
• Determine the amount of vacation pay - multiply the found amount of earnings by the number of days of rest.

This formula is quite simple and does not cause difficulties when calculating the amount of vacation pay.

How is it paid?

Many believe that Chernobyl leave is paid identically to annual leave. However, when we're talking about about workers who were exposed to radiation, the payment scheme here is somewhat different. The employer pays first. But then these funds are compensated by the organs local budget. Consequently, these payments are made from the federal budget.

Thus, for those who suffered as a result of the Chernobyl accident, the law provides benefits, one of which is additional leave. Its duration depends on belonging to a certain category of citizens, and payment is made by the state, not the employer.

Let's talk about such a thing as additional Chernobyl leave. In accordance with the law Russian Federation, a citizen has the right not only to basic paid leave, but also to additional leave, which is provided to a certain category of persons established by the labor legislation of the Russian Federation. Such legal relations are regulated by local and federal regulations. Additional Chernobyl leave is granted to persons injured as a result of the Chernobyl accident and persons working in their specialty in hazardous conditions (nuclear plant employees). Additional leave for Chernobyl victims is at the core of the implementation of basic social and civil rights.

Chernobyl leave: who is eligible and who can get it? It is intended for persons who suffered from the effects of radiation sickness and other diseases that were associated with the accident at the Chernobyl nuclear power plant. This also includes persons who became disabled after the Chernobyl accident, citizens living in the 30-kilometer exclusion zone and working on its territory, employees of the Chernobyl NPP, nuclear power plants, and military personnel who were directly involved in eliminating the consequences of the accident.

An application for Chernobyl leave (sample) can be easily found on the Internet. It is written in the name of the employer, and documents confirming the Chernobyl status are attached to it, after which the employer must approve Chernobyl leave for the employee.

Chernobyl vacation is a kind of measure social assistance for persons injured during Chernobyl disaster. This category of citizens has the right to additional paid leave, which comes as a bonus to this. This is a kind of government compensation and one of the measures social support citizens. The provision of Chernobyl leave is regulated by the Federal Law of the Russian Federation of May 15, 1991 N1244-1 “On the social protection of people who suffered from radiation as a result of the accident at the Chernobyl nuclear power plant.”

The main nuances of providing additional leave to Chernobyl victims

Exist certain categories citizens who can count on receiving additional Chernobyl leave. There are few such categories, there are only four of them. These people get certain social guarantees on the part of the state, formally enshrined. Let's look at the categories in more detail. Firstly, these are people involved in direct localization of the consequences Chernobyl accident. These are also citizens working and living in a 30-kilometer zone from the Chernobyl nuclear power plant, disabled people, people who suffered from radiation diseases, ordinary citizens and employees nuclear power plant located in the border zone with the nuclear power plant for more than three years. We should not forget about the military, who were engaged in sanitary treatment, equipment repair. While there are four main categories of employees eligible for additional leave, there is an unofficial fifth category. This includes citizens who are still working at the Chernobyl nuclear power plant.

The procedure for providing additional leave to Chernobyl victims

Employees with the status of Chernobyl victims have the right to receive not only basic leave once a year, but also additional leave with preservation wages. Chernobyl leave can be classified as additional leave, since it is a measure social promotion employee.

The timing and procedure for submitting Chernobyl leave are established at the legislative level. For persons exposed radioactive contamination immediately after the Chernobyl accident, as well as citizens undergoing military service in the territory of the Chernobyl accident, are granted additional leave of up to 14 calendar days. It is also worth noting that the Chernobyl vacation itself is not extended in holidays In addition, it is not divided into equal parts in case of temporary disability of the employee. Chernobyl vacation cannot be transferred to next year. It is also impossible to replace it with compensation, but there are exceptions. For example, an employee can be guaranteed to receive monetary compensation after Chernobyl leave in case of his dismissal from work. These conditions can be stated as follows: employment contract between the employee and the employer, and additionally in the Leave Regulations, which are regulated by the rules labor legislation Russian Federation.

Chernobyl leave as a measure of social reward for an employee

It should be remembered that people who permanently work and live in the disaster zone have a 100% right to additional leave. They have a certain socio-economic status. Let's talk about others distinctive features state compensation for damage caused as a result of the Chernobyl accident. In accordance with the laws, an employee with Chernobyl status can safely receive additional rest if labor activity performed part-time. The employee has the right to express a desire to postpone the vacation to another period; the vacation can also be divided into parts. All these actions are carried out on the basis of the consent of the head of the organization.

Additional leave for Chernobyl victims is provided: if the employee was in the Chernobyl nuclear power plant zone from July 1, 1986 to December thirty-first, 1986 (five days), for persons who were in the accident zone in 1987 (two weeks), for employees who were in the Chernobyl nuclear power plant zone in 1988 -1990 (one month).

If we talk about the stages of registration of Chernobyl additional leave, it is carried out on the basis federal legislation Russian Federation. The employer must guarantee the employee timely payment of additional leave in the presence of all necessary legal documentation. The employee must also provide his employer with a specialized application for additional Chernobyl leave and a certificate from the authorities social protection, confirming the right to such social privilege. At the place where the application for additional Chernobyl leave was submitted, a personal file is created for the employee, which is stored in accordance with civil and labor legislation.

The authorized body draws up full list details for the employee, which must indicate his personal data and the details of the employer’s company. The employee writes an application, to which is attached a photocopy of title documents giving legal right to provide social support from government agencies, also attached is a certificate of the employee’s salary, passport, information and deadlines for providing additional paid leave.

The procedure for calculating vacation pay for such categories of citizens is extremely simple and clear. The accountant of the enterprise where the employee works is engaged in such activities. First, the amount of payment for the calendar billing period is determined and the average number of calendar days in the actual period is calculated. billing period. Then the average wage is determined, then the wage is divided by the number of calendar days. Social services employees also make calculations based on this principle.

In conclusion, it is worth noting that, according to the provisions of Article 125 of the Labor Code of Russia, an employee has the right to divide his vacation in parts only if it is paid annually. In this case, we are dealing with additional leave, so it cannot be divided into parts. Chernobyl leave can only be used separately from the so-called main leave.

What to do if the employer refuses to provide Chernobyl leave? In this case, it is worth talking about a direct violation labor rights employee. After all, additional leave for Chernobyl victims is provided for by law. And a person who participated in the consequences of the liquidation of the Chernobyl Nuclear Power Plant has the right to certain social guarantees from the state. In such situations, experienced legal experts strongly recommend contacting a competent lawyer or attorney who can help protect violated rights. An employee can independently defend his rights by simply contacting state inspection labor or to court. In any case, the right of Chernobyl victims to additional paid leave is a priority, and it is protected by the legislation of the Russian Federation and federal laws of our state.

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