The procedure for granting vacations according to the labor code. When can you take leave under the labor code? Official leave under the labor code, how many days?

Employees often ask: when can you take leave under the Labor Code?? The Labor Code states that every employee has the right to rest. This is reflected in Articles 2 and 107 of the Labor Code of the Russian Federation, which describes the procedure for providing annual paid leave. The duration of such rest is generally 28 calendar days in accordance with Article 115 of the Labor Code of the Russian Federation. But when exactly can you take vacation under the Labor Code of the Russian Federation?? Let's consider this topic in detail.

There are options

There is no clear answer to this question. Vacation time is determined in each case individually.
The employer calculates the intensity of the workload and selects the time that is convenient for him in terms of continuity of the work process. If the company has a large staff, then replacing an absent person will not be difficult.
Vacation can be:

• regular - according to the drawn up staffing table and extraordinary;
• paid or at your own expense;
• provided for previously worked time;
• additional and basic.

The law does not stipulate specific dates, but periods during which the employer is obliged to provide the employee with mandatory rest. Usually this is once a year. But it is also possible to split the vacation into parts, one of which cannot be less than half of the entire vacation. Respectively, when can you take a vacation agreed upon by employers and employee.

Another vacation on schedule

Any organization that uses hired labor must have a vacation schedule. It must indicate the approximate dates or at least the month of the next vacation for each employee, when can you take a vacation.

The manager or his authorized employee decides when can you take a vacation to a specific employee. But at the same time, the employee’s opinion must be taken into account. Usually a compromise is reached, since the employee understands that certain professions have their own nuances that may interfere with rest at a certain time.

EXAMPLE
Accountants prepare and submit reports on dates strictly defined by law. During this period, they have a particularly increased workload. The rest of the time the work is not so intense. Therefore, it is unlikely that the boss will allow the accountant to go on vacation in March, when the annual balance sheet and reporting of the entire enterprise is formed.

The vacation schedule is drawn up in such a way that a large number of employees are not absent from work at once. Of course, everyone wants to relax in the summer, but in practice this is impossible.

There is also the possibility of taking unscheduled leave. For example, no time off for the past year. The employer has the final say in this matter. If there is a “window” that will allow you to do without an employee during this time, then there should be no problems. Also see "

Our right to vacation is guaranteed by the Constitution of the Russian Federation, namely the Labor Code of the Russian Federation, as well as international conventions. Vacation in 2017 expressed in the number of days of rest per time worked. How much is due to whom and how it is all calculated is on the agenda today on the first working day of 2017.

We count and divide

Many employees at enterprises, due to major changes in legislation this year, often ask the same question to the accounting department or HR department: “How many days of vacation are required under the labor code in 2017?”. Almost no changes were made to labor relations, so everything remained as it was.

Article 115 of the Labor Code of the Russian Federation stipulates that an employee is granted annual paid leave of no less than 28 days. Also, Article 120 of the same code provides for counting vacation in calendar days (and not in working days).

If you do not violate this order of vacation breakdown, then the remaining parts of the vacation can have any duration, up to one or several days. Of course, there are exceptions that can be enshrined in internal documents. For example, if the employer establishes a condition in the collective agreement that the minimum calculation of the number of vacation days is 3 days, then this will not be a violation.

What about weekends and holidays?

According to the law, weekends are included in the total duration of vacation, i.e. days like these will count "one size fits all", both weekends and working days. For example, if employee N. goes on vacation in 2017 for 14 calendar days, of which 4 are days off, then the employee will be paid all payments for 14 days.

The situation is the opposite with public holidays, since they are not included in the total vacation period. Let’s explain everything using the same example of employee N. If he went on vacation for 14 calendar days, but 2 public holidays fall during this period, then the calculation of the number of vacation days will be as follows: vacation days and payment will be accrued only for 12 days. This is discussed in Art. 112 Labor Code of the Russian Federation.

Increasing the number of vacation days

28 calendar days of vacation– this is the minimum period for which a person can go on vacation. The number of days can undoubtedly be increased. To do this, the employer needs to calculate the number of vacation days and indicate the maximum period of paid vacation in an internal regulatory document (internal labor regulations or collective agreement). Also, such a norm can be signed in a contract with subordinates.

Of course, the legislator provided that the increased duration of vacation should not be a cover for tax evasion. So clause 24 of Art. 270 of the Tax Code of the Russian Federation stipulates that all costs for paying for extended vacations do not reduce taxable profit. So, if the number of vacation days for an employee increases in 2017, then expenses are written off only for those vacation pay that the employee is entitled to for 28 days, and for the remaining days the company must pay from its own profit.

We must not forget that accrued vacation pay is also deducted Personal income tax(to the local budget) and is also subject to insurance contributions (to extra-budgetary funds).

Number of vacation days in 2017

As is known, a number of professions and people with a certain status are entitled by law to more than 28 days. Who is entitled to the number of vacation days in 2017 can be found out below.

About northern vacation

Of course, it is not easy to work and live in the Far North. Therefore, such workers have more vacation time than others. The duration of the northern holiday consists of 2 parts:

Standard vacation in 2017 lasting 28 calendar days
additional paid leave, the duration of which depends on the area where the employee works.

Northern vacation regulated by Art. 321 of the Labor Code of the Labor Code of the Russian Federation and other regulatory legal acts. Let's figure out how many additional days each employee is entitled to:

For those working in the Far North – 24 calendar days;
in territories equated to the Far North - 16 calendar days;
in other areas where the corresponding allowances and coefficients apply, the additional northern leave is 8 calendar days.

We are writing an application for additional leave

If you still decide to take additional vacation in 2017, then it is not difficult to make such a statement. It is written in accordance with office work or according to the template of the enterprise where you work (standard form). If there is none, then simply write according to the template, only add that you are asking for additional leave instead of the main one. Of course, we must not forget that in order to take additional vacation, you must first "to waste" basic.

It should be noted that the vacation regulations did not change in 2017, but it would not hurt to ask the HR department if there have been any changes in local regulations, be it orders, directives, a new edition of the collective agreement, etc.

You should also ask exactly how much time you worked in the company, how long you did not use regular or additional vacation. Next, you need to select an approximate period of time and coordinate your position with your immediate management or the head of the enterprise. Also, do not forget that for a vacation not taken in 2017 you can take "money" according to Art. 122 Labor Code of the Russian Federation.

And so, the main vacation for an employee must be at least 28 calendar days, and it is divided into 2 parts, one of which cannot be more than 14 days. The main vacation can be extended, but then all tax payments are paid from the profit of the enterprise. Also, a number of categories of the population and employees are provided with additional leave. It can only be taken by taking the main leave. As you can see, there is nothing complicated in the vacation system; you just need to make an accurate calculation of vacation days with a specialist. Feel free to use your right to vacation and just have a good rest.

Every day, working citizens need proper rest. Even beyond measure, able-bodied people gain strength after a vacation and return to work with positive emotions, which is why vacation is so valuable. The state decided to legalize and formalize in writing information about official long-term leave due to the fact that it is necessary for the population.

What changes have been made to the vacation law?

Every citizen officially employed has the right to rest. The state has formalized certain provisions in legislation that provide employees with leave. For 2018, employees are provided with 28 days of vacation, during which wages are calculated.

Read also Federal Law 442 in the new edition. Details

There have been no major changes in the leave section of the Labor Code over the past few years. According to Article 114 of the Labor Code of the Russian Federation, employees are granted leave only upon written application. There are certain restrictions documented in the appropriate section. Among the restrictions is that the employer does not have the right to dismiss an employee while he is on vacation. In addition, the employer does not have the right to restrict the employee in other areas, such as demotion or salary reduction.

The latest changes to Chapter 19 on vacations of the Russian Labor Code were made on December 28, 2013, with the adoption of Federal Law No. 421. Changes have occurred in Article 126. According to them, the employee has the right to write a statement and not go on vacation, receiving a sum of money instead. If during the year the employee never went on vacation, these days accumulate, and he has the right to receive payment for them upon application. There are situations when an employee cannot replace vacation with a monetary amount. Also in 2013, amendments were made to the law

Federal Law No. 126 About communications in the latest edition of 2018, read more in the article

It is not allowed to replace vacation with payments in the following cases:

• A woman is pregnant and about to go on maternity leave;
• The employee is a minor;
• The employee performs work duties while at hazardous facilities or when his health is affected.

According to the provisions and sections of the Labor Code and the law on vacations, every employee leaving his position has the right to receive all accumulated funds if he was not on vacation. That is, if an employee of the organization did not use his own vacations, funds for them accumulated, and he can receive the entire amount of money upon dismissal. An employee does not have the right to receive an amount for vacation in cases where he was dismissed due to violations.

When and who is entitled to leave according to the law?

The nuances, provisions, processes and application forms are formalized in the Labor Code of the Russian Federation. The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001, and approved by the Federation Council on December 26, 2001. The entire fifth section of the Labor Code provides information about the types and categories of work-related rest. Chapter 19 regulates and controls all processes, deadlines, methods of extension and provision, quantity and reasons for refusal of leave.

Check out the latest changes to Federal Law No. 52

According to the chapter described, every citizen of the country who is officially employed has the right to receive paid rest for 28 days. However, there is a renewal category. Only categories of employees defined by law have the right to receive extended leave.

A list of categories of employees entitled to extended rest is provided:

• Women who have learned about pregnancy and are planning to go on maternity leave, as well as mothers with small children and who have just returned from maternity leave;
• By agreement with the employer, but only for reasons formalized in the legislation of the Russian Federation;
• Persons who have decided to adopt a child when the child has not reached the age of 3 months;
• Persons under 18 years of age.

To provide rest, a schedule is drawn up according to which employees alternately have the right to go on vacation.

Procedure for granting annual paid leave

The employee has the right to choose a free period in the schedule for vacation, submit an official application to the employer, and management has no right to refuse to provide vacation.

Within the organization, either the employer independently or a special employee draws up a vacation schedule. Article 123 of the Labor Code states that schedules are drawn up within the company and can only be accessed by employees and in cases provided for by Russian legislation. In December, an official internal regulatory document is drawn up, which is agreed upon with management, as well as with trade unions. However, an exception may be that the schedule may not include citizens who, due to certain cases or due to the provisions of the law, receive extraordinary leave.

Stages of providing employees with official leave:

• The person informs his superiors that he is going to go on vacation for a certain number of days;
• The boss draws up a document with an order, in which detailed information about the vacation period is drawn up, and a statement from the person is attached;
• Written calculation of funds for vacation time and transfer of these funds;
• Registration of information from all written documents in the employee’s personal file.

Article 123, Part 3 of the Labor Code contains information that the employer is obliged to provide the employee with accurate information about the date and period of rest provided to him. The person must receive notice at least 2 weeks before the relevant date. There is no specific form that management must follow for notification, but it is most often done in writing.

To issue a written order for the leave of one employee, the employer draws up paper type T-6. In cases where vacation is issued for several employees at once, the employer issues paper type T-6a. The order contains the full name of the company, organization or institution, with a decoding of all available abbreviations. The code specified in the organization’s documentation for the OKUD (0301005) and OKPO types is entered. Starting from the moment of affixing the signature of the authorities, the act is considered to have entered into force.

The full procedure and calculation process for vacation days is prescribed in article number 136, paragraph 9. According to this article, all payments are provided to the person no later than 3 days before the start date of the vacation. The employer records in detail all information about all leaves in the employee’s personal file, including reasons, purposes, periods and dates.

Article 124 states that if the management did not notify the person about the vacation during the periods specified in the Labor Code, the person has the right to postpone the vacation to a date convenient for him.

Rules for granting leave without pay

Vacation stay at your own expense and at your own request is provided only if the employee has submitted an application. An employer may refuse to provide this type of time off to an employee if the reason is unjustified. Family circumstances may be considered a valid reason. The duration of this type of rest is determined by management. The employer also has the right to refuse this type of leave to an employee if the person is absolutely necessary at the workplace during this period.

The authorities do not have the right to refuse vacation at their own expense to certain citizens:

• Veterans of the Great Patriotic War have the right to 35 calendar days of rest at their own expense;
• Citizens who have had a child, died a loved one, or are having a wedding have the right to 5 calendar days of rest at their own expense;
• Pensioners of a certain age have the right to 16 calendar days of vacation at their own expense;
• Citizens in whose family a policeman, military man, customs officer or firefighter died while performing their duties have the right to 16 calendar days of rest at their own expense;
• Disabled persons have the right to 60 calendar days off at their own expense.

Features of registration of maternity leave

A woman who is officially employed has the right to go on maternity leave due to pregnancy.

• On the occasion of pregnancy and childbirth, it is provided at work only if the woman brings a special sick leave certificate, which contains the doctor’s instructions. Such rest is provided only after the 30th week of pregnancy;
• Child care is provided to a woman until the child turns three years old.

A woman has the right to take a certain type of time off until the 30th week of pregnancy. However, this type is issued only in cases where the pregnancy is difficult, complications have arisen and the doctor insists on rest, as there is a risk of miscarriage. The expectant mother may go on maternity leave later than expected. However, it is worth reminding citizens of the Russian Federation that maternity leave will not be increased in the future by reducing prenatal rest.

In the Labor Code, all information about maternity leave is formalized in Articles 225 and 226. Not only officially employed women, but also students and expectant mothers on the labor exchange have the right to take official maternity leave.

Other Federal laws provide information that there is a special benefit issued to expectant mothers. It can only be issued if:

• The woman is officially employed;
• The expectant mother is a student;
• The enterprise or institution was abolished and the woman was fired because of this;
• A pregnant woman is undergoing military service.

It is worth noting that benefits are paid at every enterprise or in every organization where a woman is officially employed.

Download the text of the law on vacations in the Russian Federation

Every citizen has ever been or is currently officially employed and fulfills his obligations every day, so information about long-term rest is relevant for workers. It is recommended to study the Labor Code, since it not only contains up-to-date information about vacations, but also describes all the processes and nuances of powers, functions and performance of duties.

You can download the Labor Code of the Russian Federation

Vacation, according to Art. 107 of the Labor Code of the Russian Federation: one of the types of rest time due to every employee. Unlike breaks or days off, this is an extended period when an employee does not need to perform his or her job duties. Everyone manages this time at their own discretion. Let's consider how many days of vacation are required per year and what are the rules for providing vacation.

The Labor Code interprets vacation as a long period of rest with the employee retaining not only his place, but also his earnings. Such rest is provided to all employees annually (Article 114 of the Labor Code of the Russian Federation). This rule applies to any employers, be they individuals, individual entrepreneurs or organizations of all possible forms.

Providing annual paid time off is an absolute responsibility. Violation of it threatens the employer with administrative, and in especially severe cases, criminal liability.

There are two types of paid leave:

• basic, which applies to all employees;
• additional, provided for special working conditions.

In addition to annual leave, when the employee retains his salary, there are also unpaid leaves. For most employees, this is provided with the consent of the employer. But there are categories of employees who are entitled to such leave by virtue of the law:

• WWII participants;
• pensioners who continue to work;
• family members of military and law enforcement officers who died in service;
• working disabled people.

Unpaid days must be provided to any employee in important cases: the birth of a child, a wedding, the death of a loved one. The list of situations when an employee can exercise his right to additional rest is open. In the organization itself, the collective agreement also contains other conditions for providing leave without pay.

Special leave can be taken by an employee to take exams at an educational institution: entrance, intermediate or final (paid and at his own expense). The employer’s obligation to release the employee and pay him occurs only if two conditions are met:

• the educational institution (university or secondary educational institution) has a state license and accreditation;
• This is the first time that an employee receives education at this level.

Duration of vacation

The minimum number of vacation days that employees are entitled to is established by law. According to the norm of Art. 115 of the Labor Code of the Russian Federation is 28 days a year. This refers to so-called calendar days, that is, the duration of rest includes not only working days, but also weekends, a total of 4 full weeks. There is no maximum limit. Each employer, in agreement with the team, has the right to decide how long the vacation lasts in the organization.

The main leave may be more than the minimum by virtue of the law. Thus, the following employees are entitled to extended rest time:

• minors - 30 days;
• civil servants - 35 days;
• municipal employees - 30 days;
• judges - 30 days;
• police officers and prosecutors - 30 days;
• State Duma deputies - 42 days;
• rescuers - 30-40 days;
• those working with chemical weapons - 56 days;
• teachers and lecturers - 56 days;
• educators - 42 days;
• doctors and medical staff - 48 days;
• candidates of science - 36 days;
• Doctor of Science - 48 days.

The duration of additional vacations is also established by law. The Labor Code provides additional days for such categories as:

• workers of hazardous and hazardous industries - at least 7 days;
• employees with work of a special nature - from 2 days (determined by the Government for each individual case);
• employees with irregular hours - at least 3 days;
• workers of the Far North - 24 days, equivalent to CS areas - 16 days.

As in the case of basic leave, only the lower limit is established by law. If an employer wants to extend the rest of his employees and pay, he has the right to do so. The duration of the main or additional leave, which differs from the generally accepted one, is prescribed in the collective agreement.

Dividing vacation into parts

The employer must ensure that employees are provided with holidays every year and that the minimum duration of holidays complies with legal requirements. But for an employee, vacation is the exercise of the right to rest. There is no obligation to take vacation. This allows employees to abuse their rights in some cases, which will result in trouble for their employers during inspection.

If an employee does not want to take the entire vacation, he has the right to divide it into parts. The law allows this, establishing only one restriction: one of these parts must be no shorter than half of the standard leave, that is, two weeks. This requirement is justified from a medical point of view. 14 days is the minimum period required for the body to restore normal performance.

The rest of the rest time is distributed randomly throughout the year. The employee decides how much and when to take vacation. It is only necessary to agree on the terms with the employer in advance. The total duration of all parts of the vacation should not exceed the number of rest days allotted to the employee.

Vacation schedule

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

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

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

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

Design rules

The procedure for granting vacations throughout the year is determined by the schedule. This is a mandatory document that must be drawn up in every organization. The only exceptions can be so-called micro-enterprises, the number of employees of which is less than 15 people - simplification and reduction of personnel documentation is provided.

The start of the vacation is formalized by order. It is most convenient to use their unified forms T-6 or T-6a (to be provided to several employees at the same time). It is enough to enter all the necessary information into the already formed form. It is important to include information about the employee’s length of service in the order. This is necessary to correctly determine the duration of rest.

Orders also formalize procedures such as rescheduling vacations and extending vacations. Before issuing an order for the early recall of an employee, it is necessary to obtain his consent. Refusal to interrupt vacation is the employee’s legal right, and not a disciplinary offense. There should be no punishment. Exiting vacation after the end of the holiday does not require additional registration.

Replacement of vacation with cash payment

During the annual vacation, the employee retains his earnings. Vacation pay is calculated according to the rules of Art. 139 of the Labor Code of the Russian Federation and are issued before the start of the vacation. When calculating, all payments received during the past year are taken into account.

The law does not provide for the replacement of rest with cash payments. More precisely, the minimum vacation of 4 weeks is not compensated. The remainder exceeding the period may not be used, but the employee's vacation pay must be paid.

The only case when all vacation days can be “taken with money” is dismissal. When calculating, the employee is paid for all vacation days that he did not manage to use in the current year, as well as earlier. If the year has not been fully worked, the number of days is calculated in proportion to the length of service giving the right to receive leave.

Today, in almost every organization there is a problem of unused vacations, which is due to the fact that it is virtually impossible to comply with the entire vacation schedule due to the flow of the calendar year. Issues in this area, regarding the transfer of an employee’s vacation or part of it to another period, were regulated by Art. 124 of the Labor Code of the Russian Federation. Now, this area, as well as the provision of leave at one’s own expense, the possibility of refusing leave to an employee if it is not taken according to schedule, the provision of leave in advance, etc., is regulated by the law on leave.

According to the legislative document, it is understood that leave at one’s own expense can be granted to an employee in calendar days, that is, the period provided includes not only working days, but also weekends.

Since 2016, strict conditions for compliance with the vacation schedule have been introduced. Before this, vacation schedules were approved annually in organizations, but, as a rule, no one complied with the planned dates. Now, if an employee wants to go on vacation outside of the planned date, he must write an application to postpone the annual paid vacation, while the manager has the right to refuse him a vacation not according to the schedule (Parts 1-2 of Article 123 of the Labor Code of the Russian Federation). In accordance with the law, an employee must rest according to the schedule approved by the organization, otherwise, when checked by employees of the State Labor Inspectorate and found out by it for non-compliance with the vacation schedule, including failure to make the necessary changes, the organization faces a fine of 50,000 rubles ., according to Article 5.27 of the Code of Administrative Responsibility of the Russian Federation.

The Vacation Act establishes that vacation can be legally rescheduled due to the employee's illness or at the initiative of the employer in certain circumstances. An employee can be recalled from vacation only with his personal consent. At the same time, the unused part of the vacation must be provided to the employee at his choice at a time convenient for him, either during the current year or for the next year, as added to the due vacation. It is also worth noting that, regardless of the number of such vacations, as well as the reasons and duration, the employee retains the right to use them, therefore it is necessary to include unused vacation time in the vacation schedule for the next calendar year. By law, non-provision of leave for more than two consecutive years is prohibited.

In a situation where an employee must receive vacation for several years at once, an order for each vacation can be issued in a single or separate documents, observing the sequence of granting vacations in chronological order, as reflected in the corresponding vacation schedule. That is, first select all vacations for previous years, then for the current period.

The vacation law requires that the employee familiarize himself with the vacation schedule, although previously the Labor Code of the Russian Federation did not provide for such a procedure. In accordance with Art. 123 of the Labor Code of the Russian Federation, the employee should have been informed about the start time of leave against signature no later than two weeks before its start.

“Second paid leave” in 2018

A draft was published on the Russian portal of legal acts, in which the dates for the transfer of holidays are noted. According to him, it turns out that under the new law, in fact, Russians receive additional leave - as much as 28 days. Anyone can view the schedule. Will it be paid? The new vacation law 2018 provides that the employer is obliged to pay his subordinates for each of these days in accordance with the Labor Code. The project is still being heard and discussed, and if it is finally confirmed, then citizens of the Russian Federation can hope for both vacation and appropriate payment for it.