Order on granting additional leave to Chernobyl victims sample. The procedure for providing additional leave to Chernobyl victims

Accident at Chernobyl nuclear power plant led to great consequences. During the liquidation of the consequences, many people of different professions were injured, and the local population was also affected.

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For such citizens, there is the opportunity to receive additional privileges, including vacation.

Initial information

Providing state aid people who suffered from a nuclear disaster is the direct responsibility of the country in which they live.

And in Russia on legislative level the possibility of registration has been established:

• monetary compensation in the form of an additional payment to pension provision;
• a number of benefits in the social and medical spheres;
• ensuring comfortable exercise labor activity.

But you need to clearly understand the structure of the distribution of benefits. Despite the fact that on federal level there is a law on providing social security For such categories of citizens, there are also norms that apply at the local level.

And the second option provides a wider list of concessions for Chernobyl victims, although not in all regions of the country. Registration is also required.

And the citizen will need to prove his right to receive state compensation. Therefore, you should initially prepare in documentary terms and allocate time to go through the entire procedure.

As for the vacation itself, labor legislation There are also such provisions. They are designed to monitor the process of restoring human health.

Important Concepts

Who is entitled to

The procedure for providing additional leave to Chernobyl victims includes determining the categories of persons who can be considered beneficiaries:

In accordance with this division, benefits are distributed among groups. There are four categories into which all victims of an accident are divided and it is determined whether they are entitled to leave:

Legislative regulation of the issue

The main focus in this area will be the federal law Russian Federation under number 1233-1 “On the social protection of citizens who were exposed to radiation as a result of the Chernobyl accident.”

All options are located here state provision specified categories citizens. But in terms of labor concessions, this law also has provisions - in Article 14.

Paragraph 5 talks about the possibility of obtaining additional leave. The procedure for applying such benefits is also established there. Since the law obliges the employer:

• give from 5 to 14 days of rest;
• possibility to compensate part preferential leave in cash;
• pay for vacation on a standard basis;
• issue rest days at a time convenient for the employee.

The Labor Code of the Russian Federation in Article 115 prescribes the procedure for obtaining additional vacation days. And in accordance with the provisions of the article, a Chernobyl survivor can apply for partial compensation.

How to get additional leave for Chernobyl victims in 2019

The algorithm for obtaining leave of this kind has a standard form. The list of actions includes the following steps:

An application for leave must be drawn up according to the sample, since it includes the following provisions:

• information about the employer and employee;
• on what grounds is vacation granted;
• how many days and for what periods the employee will be absent.

The employee also has the right to register part of his vacation as monetary compensation. Then the document indicates this moment and the number of days for replacement with payment. An application for additional leave is possible.

For what period is it provided?

The law provides for providing employees with 28 days of annual paid leave. 4

If a citizen has benefits and can receive additional days for recreation, then such a right is granted to him in the same manner - every year, taking into account the existence of grounds for registration.

In the case of Chernobyl victims, the reason for taking leave cannot disappear on its own. But if the procedure for providing labor benefits, then most likely they will either cancel it or reduce the number of days in the year. But in any case, the provision will be annual.

How many days can you take

To determine the number of days of additional leave, you need to rely on the distribution of all Chernobyl victims into several categories.

In accordance with this, there are several options for the duration of the vacation. They look like this:

Only Chernobyl victims from the first and second groups can take advantage of preferential additional leave.

Payment procedure (who pays)

The average earnings for additional leave for Chernobyl victims are not calculated. The payment is determined based on the following formula:

(Ok*Mr/Mr*29.4)*Co=Avg charge.

This formula uses the following indicators:

• Ok - the amount of remuneration of the employee;
• Мр - months worked for the current year;
• 29.4 - the number of days in a month, which is considered the average in a year;
• Ko - quantity vacation days additional rest.

In accordance with such indicators, the amount of benefits during vacation is determined. Social Fund will review employee documents and transfer funds from federal budget to the employer’s account, and after that to the employee himself.

What other benefits are there?

In Russia for 2019 there is the following set of benefits:

• improvement of living conditions;
• payment for housing and communal services, fuel for heating housing and living space - in the form of half the cost;
• guarantees of protection against dismissal from the workplace;
• priority right to cooperative housing construction, issuance of free land plot or garage building;
• without a queue, such citizens are served in medical field— hospitals and pharmacies;
• emergency employment in case of relocation, wages are maintained and seniority— within 4 months;
• extraordinary admission of a child to preschool, school and sanatorium organizations.

In addition to the fact that in Russia every employed citizen who survived the Chernobyl disaster can take time off from work calendar vacation, he is still supposed to use and additional leave. To do this, the appropriate documents are drawn up, the procedure is followed, and the law is taken into account, according to which such citizens are not always entitled to Chernobyl leave, or not at all. Moreover, some are allowed to use such a benefit in a paid form, while others have the privilege of taking time off Extra time permitted exclusively in the form of free leave.

Everything related to payments

When the question arises about who pays for additional leave, it should be noted that the costs in this case the employer is not responsible. All transfers are made directly from the state budget. For each Chernobyl employee, the accounting department must also draw up and issue an order for additional leave, a sample of which is provided for study below.

If an employee does not take advantage of the opportunity to rest for more days in a year, then he can be transferred to the first quarter of the next year, or he can be paid compensation. But this is possible if it is provided for by the terms of the employment contract.

Only if additional leave for Chernobyl victims is paid from the state budget, then the compensation is paid by the employer. Therefore, in the case when Chernobyl victims do not use their vacation, even if it is additional, the employer is left alone with the costs of paying compensation to such workers. For this purpose it is published special order By personnel issues, signed by management. But before this, the employee must write a statement stating that it was he who wished to receive compensation instead of taking his vacation. Also, such compensation is due in the event that an employee quits his job.

Almost thirty years ago, an accident occurred at the Chernobyl nuclear power plant, located in Ukraine, which horrified the whole world. This disaster is still considered the largest in the history of existence. nuclear energy. Many people think that these events happened in the distant past, but for the people affected by the accident, everything seems different.

In the years following the tragedy, hundreds of people died due to significant radiation doses. And even today, liquidators, displaced persons and residents of the surrounding area suffer from oncological diseases, problems with the endocrine and nervous system.

The state, in turn, tries in every possible way to support people affected by the Chernobyl accident and provides them with assistance in the form of financial and medical support and benefits. Such benefits in 2019 include:

• tax discount on property of individuals (apartments, houses, garages, utility buildings);
• discounts when paying for housing and communal services;
• surcharge Money to the basic salary;
• additional paid leave;
• scholarships as benefits for victims of the Chernobyl accident and their children, students in educational institutions, and so on.

All these benefits are provided upon presentation by a person of identification (certificate) that he is indeed a liquidator or a victim of the tragedy that occurred at the Chernobyl Nuclear Power Plant in 1986.

One of the benefits that we would like to talk about in our article is additional vacation.

Registration of additional leave for people injured as a result of the Chernobyl accident

Additional leave for Chernobyl victims, like workers of other categories, is provided as an addition to the main annual leave. Wages remain the same.

Additional leave is assigned to persons injured as a result of the Chernobyl accident according to the following features:

1. Chernobyl victims of categories I and II are granted leave with preservation wages for a period of 7 to 14 calendar days. The employee has the right to take advantage of this leave at any time.
2. Chernobyl victims of categories III and IV are granted leave without pay (at their own expense) for up to 14 calendar days.

To apply for a vacation, you must complete the following steps:

1. WITH written statement You must contact the head of the organization in the name of the head of the organization. The application must also be accompanied by a certificate that can confirm the employee’s right to additional Chernobyl leave.
2. The manager, based on the above statement, issues an order for the organization. The order is issued according to in the prescribed form T-6.

According to the legislation of the Russian Federation, an employee has the right to ask for leave in addition to the annual one after the first year of work at the enterprise. His early use not provided for in any legislative act. But perhaps, if there are compelling reasons good reasons the employer will agree to the employee’s request and provide additional annual paid leave a little earlier than due.

Despite the fact that a Chernobyl employee can exercise the right to additional leave at any time at his discretion, the employer is required to draw up a vacation schedule annually. This schedule must contain a column indicating the approximate date for this type of leave for such employees.

Additional annual leave must be used on time. If the employee does not take advantage of the opportunity to leave extra rest without losing his job, he is not provided with monetary compensation in this regard during his working life and the transfer of vacation days to next year Also.

Payment for additional vacation

The organization pays vacation pay to the person injured as a result of the Chernobyl accident from its budget, and later authorized bodies reimburse expenses associated with additional vacation of Chernobyl victims.

1. An employee’s appeal to the manager with a written statement requesting that he be given a certificate of his average income. The certificate must indicate the amount of income and the period for which additional leave will be provided. The certificate is signed by the head of the organization, the chief accountant, and is also certified with a wet seal.
2. Taking with you an application for payment of additional leave, an application for lump sum payment health products, a certificate confirming the right to benefits, and a certificate of average income, the employee of the organization is sent to local authorities executive power in area social protection citizens.
3. Local authorities Federal Treasury, based on previously prepared lists of recipients lump sum compensation for health improvement, make appropriate payments to the account of the organization in which the employee works, or directly to his personal account.

Are vacation pay for Chernobyl victims subject to personal income tax?

By this issue Today there are two versions.

The first states that payments for additional leave to persons injured as a result of an accident Chernobyl nuclear power plant, are compensatory, since they relate to monetary compensation for harm caused to health. Therefore, paying an additional annual Chernobyl vacation should not be taxed as income individual. This position is actively supported by the Ministry of Finance of the Russian Federation.

At the same time, according to the second version, which is followed by the Russian Ministry of Taxes and Duties, payment of additional leave to Chernobyl victims is nothing more than social guarantee, and not compensation for harm caused to health as a result of the consequences of the Chernobyl accident. In this regard, vacation pay in mandatory must be taxed as one of the sources of income of an individual.

Both assumptions, radically opposed to each other, have more than one judgment, as well as published works of specialists who adhere to one of the versions and refute the other. How can the average person understand this issue?

Specialists of the Ministry of Finance, as confirmation of their position on this issue, cite the situation from Tax Code Russian Federation. This provision states that all decisions established state legislation and acting on this moment on its territory, states that any compensation payments and, first of all, payments for damage to health are not eligible to be taxed on the income of an individual. Payments of vacation pay to persons injured as a result of the accident at the Chernobyl nuclear power plant are nothing more than compensation payments. Thus, payment for additional Chernobyl leave is not subject to personal income tax.

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. It's about about additional Chernobyl leave granted every year. And sometimes it needs to be given within a time period acceptable to the employee.

Who is entitled to

The specified type of rest is strictly certain categories 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.

At the 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 medical institutions, which from April 26 to June 30, 1986 provided 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 this case, such people are not entitled to additional leave, and the 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 during an arbitrary period of time, as well as an 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 must be provided with additional annual leave in the manner provided for employees engaged in hazardous or hazardous work. 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 the immediate danger zone but did not live there. 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 moved to danger zone resettlement to permanent place accommodation. 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.

Existing legislation divides all victims Chernobyl disaster into 4 categories.

First category

It includes:

• patients with radiation sickness;
• liquidators who have become disabled;
• persons affected by the explosion.

Second category

This includes liquidators who worked in the exclusion zone during the following periods:

• from 26.04 to 01.07.1986, regardless of the period of work;
• from 01.07 to 31.12.1986 - at least 5 calendar days;
• 1987 - at least 14 calendar days;
• persons living in the exclusion zone at the time of the accident.

Third category

Includes those who worked in the exclusion zone during the following periods:

• 01.07. until 12/31/1986 - from 1 to 5 calendar days;
• 1987 - from 1 to 14 calendar days;
• From 1988 to 1990 - at least 30 calendar days;
• persons who worked for at least 14 calendar days at points sanitization and decontamination.

Fourth category

Includes those who, as of January 1, 1993, worked in the enhanced radiological control zone for at least four years. Also included in this category are those who worked outside the exclusion zone during the periods:

• 1986 - at least 14 days;
• 1987 - at least 30 days.

All of the above categories of citizens, as well as those who became bone marrow donors for victims, have the right to additional rest. However, for categories 1 and 2 it can last from 7 to 14 days with the same salary, and you can use it at any time of the year. For categories 3 and 4, additional rest can last up to 14 calendar days, but wages are not retained. In other words, this proper rest at your own expense.

Vacation for Chernobyl victims in Russia: what is worth knowing

Persons who are entitled to extraordinary rest must understand that the initiative to receive it must come from the employee. The employer is not required to monitor the use of benefits by employees. Accordingly, when planning your vacation time, you must remember that additional vacations cannot be transferred to the next year. They are not allowed to be separated during a period of temporary incapacity for work, and they are not extended due to the fall of holidays.

Chernobyl victims who work part-time also have the right to extraordinary vacations. But if such an employee changes jobs, the total number of days of rest cannot be recorded. Get monetary compensation You can't pay for unused vacations either. Therefore, such categories of citizens are recommended to take a vacation followed by dismissal.

Registration procedure

Additional registration procedure vacation for Chernobyl victims is not much different from standard order. Before going on vacation, the employee is required to submit an appropriate application, as well as documents confirming his status.

Sample application for additional leave for Chernobyl victims

The papers are sent to the manager and then to the HR department for approval, after which an order is issued. The order must indicate that payment for the vacation will be made from budget funds.

Sample order for additional leave for Chernobyl victims

As for the working time sheet, it shows “additional paid leave” - OD or the number “10”.

How and who pays additional leave for Chernobyl victims

According to paragraph 2 of the Decree of the Government of the Russian Federation dated 03.03.2007 No. 136, the recipient of payment for extraordinary holidays and funds for health improvement must contact territorial body FSS. He must have with him a corresponding application, a copy of the certificate confirming his right to payments, a certificate of the amount average salary. The application must contain mailing address recipient, as well as details bank account. A certificate of average wages is issued at the place of work after the issuance of a leave order.

The payment amount may vary depending on the region of residence.

Responsibility for refusal to provide leave to a Chernobyl survivor

Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for liability for the employer’s refusal to provide the required extraordinary rest to a Chernobyl survivor. For such an offense there is a fine of 50,000 rubles for an organization and 5,000 rubles for official. Behind repeat violation the fine will be 70,000 rubles for an organization and from 10,000 to 20,000 rubles for an official, up to disqualification for a period of 1 to 3 years.

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