How to spell 21 calendar days. What parts can you take annual leave

The increment of the ending must be one-letter if last letter the numeral in this case is preceded by a vowel (“first, second”), and two-letter, if the last letter of the numeral in this case is preceded by a consonant (“first, second”). Three-letter extensions are a mistake. 2 boys and 10 girls 2 boys and 10 girls Numerals less than 10 are written in words, from 10 and above - in numbers. school No. 3 school No. 3 An icon and a number replace words, so a space is required between them; words in Russian are always separated by spaces: “school number three”, not “school number three”. 2.5 million rubles 2.5 million rubles Read "two point five million". 17-year-old girls from 56 regions 17-year-old girls from 56 regions Increasing the case ending is added only to ordinal numbers.

Fourteen calendar days/days

Also, the Labor Code of the Russian Federation does not say anything about how many calendar days should fall on weekends, and how many on working days. Therefore, when using vacation in parts, vacation days can fall on both working days and weekends. Are there any restrictions on the division of vacation into parts? But, in addition to the possibility of dividing the vacation into parts, article 125 Labor Code The Russian Federation also establishes restrictions - vacation sharing is possible only by agreement between the employee and the employer.

Thus, if an employee wants to take a vacation in parts, he will have to agree with his boss on its duration, because. the employer retains the right to disagree with this option for breaking down the leave. Indeed, from the point of view of the employer, such a breakdown of vacation into parts is not rational.

Moreover, annual paid leave can be divided into parts only by agreement between the employee and the employer. However, there is no requirement for the duration of the remainder of the leave. Thus, it turns out that the employee is not forbidden to split the second half of the vacation at his own discretion, agreeing on the duration of each part with the employer.

Therefore, if the employer does not object, then the employee has the right to take a vacation for 5 calendar days (without days off). Moreover, with the consent of the employer, the employee can rest several times for 2-3 days. It is possible to use annual leave in another way: first, divide 14 calendar days into several periods of rest, and then issue the remaining 14 days at a time.

Is it possible to take a vacation for 5 calendar days?

Attention

We also recommend that you read the Federal Service on labor and employment of July 17, 2009 N 2143-6-1. Note: Employer general rule an individual or a legal entity (organization) that has entered into an employment relationship with an employee is recognized (part four of article 20 of the Labor Code of the Russian Federation). If an organization has entered into labor relations, the rights and obligations of the employer in labor relations are exercised by its management bodies or persons authorized by them in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents legal entity (organization) and local regulations(Sixth part of Art.

20 of the Labor Code of the Russian Federation).

Gramota.ru

Important

Consequently, the other part of the vacation can be divided by agreement of the parties into parts, which can be of any duration. According to Art. 120 of the Labor Code of the Russian Federation, the duration of the vacation is calculated in calendar days. The law does not establish how many calendar days of vacation should fall on weekends, and how many on workdays. Therefore, vacation days exceeding 14 can be granted to the employee in parts in such a way that they will fall only on working days or only on weekends, or on both in any ratio. Therefore, the employee and the employer can agree on how many days off and how many working days will fall on the part of the vacation exceeding 14 calendar days.

The employee wrote an application for vacation for 5 working days (5-day work week), the employer, in turn, issued this vacation for 7 calendar days, capturing 2 days off of the employee. Are the employer's actions legal? The duration of the annual basic paid leave is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). According to the first part of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. As can be seen from the above norm, labor law a requirement was established regarding the minimum duration of only one part of the vacation when it is divided into parts. Nothing is said about the duration of the other part of the annual paid leave in the Labor Code of the Russian Federation.

For 5 calendar days or days as correct

Sign in to post comments Answers (8) I would write "on the 21st calendar day". Sign in to leave comments Write like this: I want to walk for twenty days and then one more. Sign in to post comments It is correct not to write days, just ask for another labor leave from such and such a date.
They are obliged to provide all the days and issue the appropriate Order. If necessary, it will be possible to respond: either herself or the leadership, but only with your consent. Sign in to leave comments Yes, you don't need to write this.
Simply, from such and such a number ... Sign in to leave comments For 21 calendar days, but for 23 calendar days, 28 calendar days)))))))))) This is our Russian language. Sign in to leave comments I ask you to provide me with another (extraordinary) vacation within twenty-one calendar days. .

Info

Personnel officer. labor law for a personnel officer”, 2010, N 9 Question: In accordance with the Labor Code of the Russian Federation, one of the parts of the vacation must be at least 14 calendar days. The remaining 14 calendar days can be divided into parts. Some of our employees apply for another vacation for 5 calendar days (ie.

e. no days off). Is an employer entitled to insist that an employee include days off in a vacation application if he takes one week as vacation? Can the employer insist that the employee's vacation be divided into 14 and 14 days, if it is convenient for the employee to split the second part of the vacation? Answer: By virtue of a direct interpretation of Art. 125 of the Labor Code of the Russian Federation, we can conclude that the main rule for dividing vacation into parts is that one part of the vacation must be at least 14 days.

For 5 calendar days or days how to write correctly

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Our editorial office quite often receives questions from readers with a request to clarify whether it is possible to take a vacation of 5 calendar days, from Monday to Friday, thereby saving yourself two days of vacation, because Saturday and Sunday are legal days off? Or must vacation be taken 7 calendar days in advance? Let's look into this issue. How many days are allowed to go on vacation: 1, 2, 5 days? Dividing the vacation into parts allows article 125 of the Labor Code of the Russian Federation. It states that when dividing a vacation into parts, at least one of the parts of this vacation must be at least 14 calendar days.
Regarding the duration of the other part of the vacation, the Labor Code of the Russian Federation does not say anything. That is, labor legislation allows you to take a vacation, for example, for one day, two days, five days, ten days, etc.
If the employee and the employer have agreed to grant the employee a vacation, the last day of which will be Friday, the next two days off (Saturday and Sunday) should not be included in the number of vacation days and should not be paid. Note that the employer always reserves the right to disagree with the employee’s proposed vacation breakdown option. Please note that in accordance with Art. 8 of the ILO Convention N 132 on holidays with pay (hereinafter referred to as the Convention), when dividing the holiday into parts, one of the parts of the holiday must be at least two continuous working weeks. In other words, Article 8 of the Convention, as well as Article 125 of the Labor Code of the Russian Federation, establishes minimum duration only one part of the holiday.

E.T. Lobazova, economist

Another holiday season has arrived. Despite the fact that labor legislation regarding labor holidays in recent times significant changes did not endure, judging by the readers' calls to the editorial office, questions still remain. In this article, we provide answers to some of them.

The employee goes on vacation on June 7, 2010. He has the right to 44 calendar days of vacation: unused vacation for the period of work from June 14, 2008 to June 13, 2009 in the amount of 15 calendar days, for the period of work from June 14 2009 to June 13, 2010 - 29 calendar days. The rights to additional leave in connection with harmful and (or) hazardous conditions the worker has no work.

The enterprise needs the presence of an employee at the workplace. In addition, the employee himself, due to the difficult financial position asks to compensate as much as possible for the vacation days due to him in monetary form.

How, without violating the current legislation, on the one hand, to provide the employee with all the days of labor leave due to him, on the other hand, to replace them in the maximum amount with monetary compensation?

First of all, let's pay attention to the fact that vacation is intended for rest, restoration of working capacity, health promotion and other personal needs of the employee, but not for solving his material problems.

According to Art. 170 of the Labor Code of the Republic of Belarus (hereinafter - LC), the employer is obliged to provide the employee with labor leave, as a rule, during each working year (annually).

The right to transfer vacation to the next working year is enshrined in Art. 170 and 174 of the Labor Code.

The transfer of part of the labor leave to the next working year is possible with the consent of the employee in exceptional cases when the provision of full labor leave in the current working year may adversely affect the normal activities of the organization. In this case, the employer is obliged to provide by the end of the current working year, and the employee to use at least 14 calendar days of vacation (Article 170 of the Labor Code).

It is prohibited not to grant labor leave to employees under 18 years of age and employees entitled to additional leave due to harmful and (or) dangerous working conditions.

Thus, labor legislation provides for the possibility of transferring part of the vacation to the next working year. At the same time, the obligatory condition is the use by the employee during each current working year of 14 calendar days of labor leave.

The procedure for replacing vacation with monetary compensation is provided for in Art. 161 of the Labor Code, according to which part of the labor leave (main and additional) exceeding 21 calendar days, by agreement between employees and the employer, can be replaced by monetary compensation.

The replacement of leave with monetary compensation should be regarded as an exception to general rule use of leave, and not a mandatory rule.

Replacing with monetary compensation the holidays provided in advance for pregnant women, employees recognized as disabled, employees under 18 years of age and employees for work in areas of radioactive contamination as a result of a disaster at Chernobyl nuclear power plant, as well as additional leaves for work with harmful and (or) dangerous working conditions and for the special nature of the work not allowed(Article 161 of the Labor Code).

Compensation for labor leave is paid if the employee has worked the entire working year (12 months minus the total duration of labor leave to which the employee is entitled), and at least 21 calendar days of vacation must be used for its intended purpose, i.e. actually.

Payment of monetary compensation in case of division of vacation into parts is not made, because. in this case, we are not talking about replacing the vacation with monetary compensation, but about dividing the vacation into parts, which regulates Part 1 of Art. 174 TK.

In our situation, all the conditions provided for in Art. 161 TC, for the period of work in 2009-2010. and, accordingly, part of the days of labor leave in this working period, with the exception of 21 calendar days, can be compensated in cash.

Remaining vacation days for 2008-2009 replacement of monetary compensation is not subject, t.to. there was a division of vacation into parts.

The issue of replacing part of the labor leave with monetary compensation is decided at the time the leave is granted, and a written application from the employee and the consent of the employer, drawn up by a resolution on the application and issuing an order, are required.

Example 1

"I order:

Grant Irina Anatolyevna Michko, chief accountant of ODO "Fortuna", a labor leave in the amount of 36 (thirty six) calendar days from June 07, 2010 to July 13, 2010, including:

part of the labor leave in the amount of 15 (fifteen) calendar days for the period of work from June 14, 2008 to June 13, 2009;
part of the vacation in the amount of 21 (twenty one) calendar days for the period of work from June 14, 2009 to June 13, 2010

The rest of the vacation in the amount of 8 (eight) calendar days for the period of work from June 14, 2009 to June 13, 2010 to be compensated in cash.

Another practical mechanism for replacing part of the vacation with monetary compensation, incl. vacation provided in advance is a recall from the vacation.

It is not allowed to recall employees under the age of 18 from vacation and employees employed in work with harmful and (or) dangerous working conditions (Article 174 of the Labor Code).

Recall from labor leave is regulated by Part 2 of Art. 174 of the Labor Code and involves a break in the use of leave at the suggestion of the employer and with the consent of the employee.

The part of the vacation not used in connection with the recall is provided by agreement between the employee and the employer during the current working year or, at the request of the employee, is added to the vacation for the next working year or is compensated in cash, unless otherwise provided by the collective agreement. The collective agreement may also specify the circumstances under which recall from vacation is allowed.

In the case of recalling an employee from vacation and paying him compensation for unused vacation days, the employer should be guided by Art. 170 and 174 of the Labor Code. The conditions set out in Art. 161 of the Labor Code, in this case do not apply, i.e. not required for compensation. compulsory work a full-time employee and the use of 21 calendar days of vacation in kind.

According to part 3 of Art. 170 of the Labor Code, the remaining part of the labor leave (part of the leave that the employer is obliged to provide to the employee annually) cannot be less than 14 calendar days, i.e. recall of an employee from vacation is possible only after he has used 14 calendar days of vacation in kind.

First, let's deal with the remaining days of labor leave for 2008-2009. Of fundamental importance here is whether the employee used 14 days of calendar leave in 2008-2009 for its intended purpose (i.e., for rest) (whether there was, for example, a recall from vacation).

Option 1: 14 calendar days were not used, i.е. 14 days during this period in 2010 must be used in kind and, accordingly, a recall can be issued for 1 day.

Option 2: 14 calendar days of vacation were used in kind, in which case it is possible to issue a recall from vacation for all 15 days.

So, in our case it turns out:

Option 1:

The employee must take 28 calendar days of vacation and receive monetary compensation for 16 calendar days:

14 calendar days (vacation in kind, 2008-2009) + 1 calendar day (recall, 2008-2009) + 8 calendar days (cash compensation, 2009-2010) + 14 calendar days (vacation in in kind, 2009-2010) + 7 calendar days (review, 2009-2010).

Option 2:

The employee must take 14 calendar days of vacation and receive monetary compensation in 30 calendar days:

15 calendar days (revocation, 2008-2009) + 8 calendar days (cash compensation, 2009-2010) + 14 calendar days (in-kind leave, 2009-2010) + 7 calendar days (revocation, 2009-2010).

The issue of recall from vacation is initiated by the employer, however, recall is possible only with the consent of the employee, which the employee must give in writing(example 2, for option 2).

Example 2

"Statement

June 18, 2010 No.

I agree to a review from vacation from 06/21/2010.

I ask you to replace the unused part of the vacation in the amount of 22 (twenty-two) calendar days with monetary compensation.

Chief Accountant Michko I.A.

If the employee agrees to interrupt the vacation, the employer issues an order (example 3, for option 2) to recall the employee from vacation, in which without fail indicates the need for a recall (occurs in the process of using the labor leave) and the conditions for using the remaining part of the leave.

Example 3

“In connection with the need to draw up an interim financial statements in order to obtain a loan from the Belarusbank

I ORDER:

1. Recall Mitchko Irina Anatolyevna, chief accountant, from leave from June 21, 2010.

2. Compensate in cash for the unused part of the vacation in the amount of 22 (twenty-two) calendar days, of which: 15 (fifteen) calendar days for the period of work from June 14, 2008 to June 13, 2009 and 7 (seven) calendar days days for the period of work from June 14, 2009 to June 13, 2010

Reason: statement by Michko I.A.

Further, I would like to draw attention to the fact that in the case of compensation for a large number of days of labor leave in cash, even with a relatively low salary of the employee, the amount of accrued Money may be large enough.

Salary, bonuses and other types of payments, incl. compensation for unused vacation, financial assistance are included in earnings for the month in which they are received. The month of their receipt is the month in which they fall according to the documents on accrued wages.

Vacation pay calculated in accordance with the law, upper limit Dont Have.

Article 2 of the Law of the Republic of Belarus dated February 29, 1996 No. 138-XIII "On mandatory insurance contributions to the Fund social protection population of the Ministry of Labor and Social Protection of the Republic of Belarus” provides that the object for the calculation of mandatory insurance contributions to the Social Protection Fund (hereinafter referred to as the Fund) is for employers and working citizens payments of all types in cash and (or) in kind, accrued in favor of employees citizens for all reasons, regardless of funding sources, including remuneration for civil law contracts, except for the types of payments provided for by the list, for which mandatory insurance premiums to the Fund, approved by the Council of Ministers of the Republic of Belarus, but not higher than four times the average wage of employees in the republic for the month preceding the month for which compulsory insurance premiums are paid.

Thus, from January 1, 2009, the said Law defines the maximum amount of payments, beyond which they are not recognized as an object for calculating mandatory insurance premiums. This means that when the total amount of accrued payments to a particular employee for the current month exceeds the specified four times the amount, mandatory insurance premiums should be charged only for this amount (the amount of the excess of mandatory insurance premiums is not subject to tax).

Example 4

On April 16, 2010, the employee went on labor leave for 38 calendar days, of which 14 days of leave were used in kind, for 24 days compensation was paid in cash. The salary of an employee is 2,500,000 rubles. In April, 10 days out of 21 were worked, for which 1,190,476 rubles were accrued. For 38 calendar days of vacation, he was credited with 3,208,650 rubles.

According to the data provided by the National Statistical Committee of the Republic of Belarus, the calculated average wage employees of the Republic of Belarus in March 2010 amounted to 1,095,257 rubles.

Consequently, the limitation on the amount of mandatory insurance contributions to the Fund, accrued for April 2010, is 4,381,028 rubles. (1,095,257 rubles is the average salary of employees for March 2010 × 4, and, accordingly, mandatory insurance contributions to the Fund should be calculated based on this amount.

In the accounting of the enterprise in April, the following entries are made:

Debit of account 20, 26, 92, etc. - Credit of account 70 - 4,399,126 rubles. - accrued wages, vacation pay and compensation for unused vacation;

Debit account 70 - Credit account 69 - 43,810 rubles. — withheld 1% to the pension fund (4,381,028 × 1%);

Debit of account 20, 26, etc. - Credit of account 69 - 1,489,550 rubles. — accrued 34% to the Fund (4,381,028 × 34%);

Debit of account 20, 26, etc. - Credit of subaccount 76-2 - 17,597 rubles. - accrued 0.4% (conditionally) in Belgosstrakh (4,399,126 × 0.4%) - there is no limit on the maximum amount of deductions in Belgosstrakh.

In the report of form 4-Fund on page 003 of section II for April 2010, it is necessary to indicate the amount of 4,381,028 rubles.

The control of the maximum limit of payments should be carried out in relation to all payments accrued to each employee separately, minus the payments provided for in the List of payments for which contributions are not accrued under the state social insurance, including for professional pension insurance, to the Social Protection Fund of the Ministry of Labor and Social Protection and for compulsory insurance against industrial accidents and occupational diseases to the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh", approved by the Resolution of the Council of Ministers of the Republic of Belarus dated January 25, 1999 No. 115.

In connection with the difficult financial situation on the accounts of the enterprise in the current month there is a shortage of funds. The due date for payment of wages is the 15th. An employee working under an indefinite employment contract goes on vacation on the 16th. What is the minimum payment the employer must make to this worker in this case?

In accordance with Art. 73 of the Labor Code, wages must be paid regularly on the days specified in the collective agreement, agreement or employment contract, but at least twice a month. pay out average earnings during the vacation, the employer is obliged no later than 2 days before the start of the vacation (Article 176 of the Labor Code). Paragraph 4 of the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 “On additional measures to improve labor relations strengthening of labor and performance discipline" (with amendments and additions) provides for the payment of wages to persons with whom labor contracts are concluded regularly on the days specified by the collective agreement (agreement), labor agreement (contract), but at least once a month, and payment of average earnings for the period of labor leave no later than 1 day before its start.

If the timing of the payment of wages coincides with the weekend or public holidays wages must be paid the day before them.

These norms are not subject to change, incl. by agreement of the parties, and are mandatory for all tenants, regardless of the form of ownership.

Thus, as a general rule, the employer is obliged no later than the 15th (earlier if the 15th falls on a weekend / holiday) to pay the employee going on vacation the wages for the previous month and the average earnings saved during the vacation. The employer has the right to pay wages for the days worked by the employee according to the work schedule of the organization in the month of his going on vacation (from the 1st to the 15th of the current month), within the period established for the payment of wages for the month worked, i.e. no later than the 15th day of the next month, unless otherwise provided by the collective or labor agreement (contract).

Failure to pay wages within the time limits established by the enterprise leads to wage arrears. The guarantee of timely payment of wages is the deduction from employers who have wage arrears in accordance with the Decree of the President of the Republic of Belarus dated November 27, 1995 No. 483 "On Ensuring the Timely Payment of Wages" in an indisputable manner, the amount corresponding to 1.5 times the size of the budget subsistence minimum (hereinafter - BPM) for the working-age population, adjusted between the approval of its size by the consumer price index for each employee, taking into account the coefficients for increasing the tariff rates of workers for technological types of work, industries and sectors of the economy based on payroll employees, and the amount of vacation pay, payment of insurance premiums for these amounts to the Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus, severance pay, alimony, state social insurance benefits, as well as income tax calculated from the amounts withheld in an indisputable manner and subject to taxation.

Settlement procedure between legal entities, individual entrepreneurs in the Republic of Belarus, approved by Decree of the President of the Republic of Belarus dated June 29, 2000 No. 359 (with amendments and additions), allows you to resolve the issue of wage arrears within 1.5 BPM by making extraordinary payments on account of urgent needs in the amount of up to 20 % of funds received on current (settlement) accounts in Belarusian rubles (excluding bank loans) for the previous month.

BPM is quarterly approved by the Government of the Republic of Belarus in the prices of the last month of each quarter. Thus, for the period from May 1 to July 31, 2010, per month, the BPM for the able-bodied population is 284,860 rubles. (Resolution of the Council of Ministers of the Republic of Belarus dated April 29, 2010 No. 651). From May 1, 2010, when calculating funds to be transferred out of turn of payments to pay off wage arrears, employers must book 427,290 rubles per employee.

When calculating the amount of deduction from employers for the timely payment of wages on a monthly basis, the following formula should be used:

for months, in the prices of which the BPM is approved - 1.5 BPM;
for all other months - 1.5 times the BPM adjusted for the consumer price index set for the given month.

The consumer price index is calculated in the manner determined by the Council of Ministers of the Republic of Belarus and published monthly (no later than the 20th day of the next month) in the republican mass media.

The payment of mandatory insurance contributions and income tax is made simultaneously with the receipt by the employer of funds for the payment of wages.

When booking funds, a statement of accrual of funds to be transferred on an extraordinary basis is compiled.

In case of employment of an employee, part-time working time and (or) an incomplete month, the calculation of the funds to be transferred is made in proportion to the time worked in the corresponding month.

Example 5

The employee goes on vacation on June 16, 2010. In May 2010, he worked 10 days out of 21, for which 680,850 rubles were accrued to him, as well as temporary disability benefits - 204,000 rubles. Vacation pay for June-July amounted to 1,080,000 rubles. The due date for the payment of wages for May is June 15.

The calculation of funds to be booked on June 14 for settlements with a specific employee and transferred (payment) on an extraordinary basis on June 15 is presented in the table.

On June 15, 2010, the consumer price index has not yet been published, so we calculate 1.5 BPM in May 2010 prices without adjustment - 284,860 × 1.5 = 427,290 rubles.

Table

Index	Amount, rub.
1. The amount of 1.5 BPM for the working population (427,290 / 21 × 10)
2. Amount of vacation pay
3. Temporary Disability Benefit
4. Income tax ((line 1 + line 2 + line 3) × 12%) (excluding standard tax deductions)
5. The amount of contributions to the Fund ((line 1 + line 2) × 35% - line 3)
6. Deductions in Belgosstrakh ((line 1 + line 2) × 0.4% (conditionally))
7. Total to be transferred on an extraordinary basis (amount on lines 1-6)

Reference: When transferring insurance premiums, the following points should be considered:

1. Policyholders pay insurance premiums no later than the 25th day of the month following the quarter in which payments are accrued in favor of insured persons for whom insurance premiums are accrued in accordance with the law (clause 5 of the Resolution of the Council of Ministers of the Republic of Belarus dated December 26, 2009 No. 1710).

2. Payers from among commercial organizations co average number employees for a calendar year up to 15 people inclusive pay mandatory insurance premiums, professional pension insurance premiums and other payments to the Fund at least once a quarter, but no later than the day of payment of wages for the last month of the reporting quarter (Subclause 1.1 of the Decree of the President of the Republic of Belarus dated February 13, 2010 No. 64).

When accumulating funds, the employer must pay the remaining part of the salary in the shortest possible time.

So, if the collective, labor contract stipulates that wages must be paid on June 15, then from July 1, arrears in the payment of wages arise.

At late payment salary, it must be indexed (Article 69 of the Labor Code) in accordance with the consumer price index published by the National Statistical Committee of the Republic of Belarus, while the basis for indexation is the delay in payment of wages for one calendar month or more compared to the deadline set by the local the normative legal act of the employer, the employment contract (contract) of the employee (clause 3 of the Decree of the President of the Republic of Belarus dated August 30, 1996 No. 344, as amended and supplemented). In our case, from July 16, the employer is obliged to index the amount of wages if it has not been paid before that time.

Indexation of untimely paid amounts is carried out in full for each month separately by adjusting them for the consumer price index, calculated on an accrual basis for the delay period.

The timeliness of wage payments is an object of state control and supervision and refers to state guarantees for the remuneration of employees (clause 7, article 56 of the Labor Code).

Delays in the payment of wages can be costly to the employer.

So, in addition to administrative responsibility, sanctions for late payment of taxes and fees with the budget and off-budget funds There are a number of negative aspects for the employer.

Firstly, non-payment of wages to the employee during the period of vacation within the established period is the legal basis for the transfer of labor leave by the employee (clause 5 of article 171 of the Labor Code).

In addition, an employee who is not paid wages on time may apply for dismissal.

When terminating an employment contract due to violation by the employer of labor legislation, a collective or employment contract, the employer pays the dismissed employee severance pay in the amount of a two-week average earnings (part 3 of article 41 of the Labor Code). In addition, in the case early termination contract due to non-fulfillment or improper fulfillment of its conditions through the fault of the employer, in addition to the payment of severance pay under Art. 41 of the Labor Code, compensation is paid in the amount of at least three average monthly wages for deterioration legal status employee (clause 2 of the Resolution of the Council of Ministers of the Republic of Belarus dated August 2, 1999 No. 1180, as amended and supplemented).

In 2009-2010 due to a number of reasons, the enterprise is experiencing a decrease in production volumes and, accordingly, an increase in costs. To minimize costs, at the initiative of the employer and with the consent of the employees, they are granted unpaid leave of various durations.

Which maximum duration there may be such holidays, how will the days of these holidays affect the length of the working year of employees, as well as the calculation of the average earnings retained during the vacation?

Restrictions on the number of days of leave without pay are provided for in Art. 190 TK. For family and domestic reasons, to work on a dissertation, write textbooks and for other good reasons in addition to those provided for in Part 1 of Art. 189 of the Labor Code, the employee, upon his written application, is given no more than 30 calendar days during the calendar year, unless otherwise provided by the collective agreement, agreement. For the reasons stated in the question, there are no restrictions on the number of days of leave without pay.

In accordance with Art. 163 of the Labor Code, a working year is a period of time equal in duration to a calendar year, but calculated for each employee from the date of employment. However, only the hours actually worked are counted in the working year, to which it is equated (Article 164 of the Labor Code):

1) the time that the employee did not work, but after him, in accordance with the law or collective agreement the former work and wages were maintained or state social insurance benefits were paid, with the exception of parental leave until the child reaches the age of three;

2) the time of unpaid leave stipulated by legislation or a collective agreement, if these leaves do not exceed 14 calendar days during the working year;

3) time of paid involuntary absenteeism;

4) other periods not specified above, but in respect of which the legislation or the collective agreement, the agreement provides for their inclusion in the working year.

All other periods when the employee did not work (absenteeism, long vacations without pay, etc.), was released from the main job with partial pay or without pay (Article 164 of the Labor Code), are not included in the working year. At the same time, as noted above, if after the exclusion of such periods from the working year, the remaining part becomes less than 12 full calendar months, the employee's working year is shifted by the missing time.

Thus, if an employee was on leave without pay for more than 14 calendar days, the period of this leave is not included in the working year, and the working year is shifted.

Example 6

During the working year from April 6, 2009 to April 5, 2010, the employee was on leave without pay for a total of 35 calendar days. The employee wrote an application for granting him labor leave for a period of 21 calendar days from March 29, 2010, the remaining 5 calendar days he asks to be compensated in cash.

Based on the norms of paragraph 2 of Art. 164 TC working year this employee will be shifted by 21 calendar days (35 - 14). The next working year of the employee will be calculated from the date until which the previous working year was shifted, i.e. since April 26, 2010

Replacing the leave provided in advance with monetary compensation is not allowed (Article 161 of the Labor Code). A vacation provided in advance is a vacation that is granted before the end of the working year minus the total duration of the labor leave to which the employee is entitled. So, part 2 of Art. 179 of the Labor Code provides that financial compensation for a full vacation is paid if by the day of dismissal the employee has worked the entire working year (12 months minus the total duration of the vacation to which the employee is entitled). Thus, if the duration of the employee's vacation is 26 calendar days, then the vacation granted before March 31 - the date from which the employee's right to full vacation (working year minus the duration of the vacation) begins, will be considered as an advance payment, regardless of whether for what working year is granted labor leave (for the first or subsequent working years).

Thus, the employee did not work a full year and labor leave is provided to him in advance and, accordingly, the employer does not have the right to compensate him for 5 calendar days of leave.

Article 191 of the Labor Code gives employers the right, if necessary, to temporarily suspend work or temporarily reduce their volume, as well as in the absence of another job to which it is necessary to temporarily transfer the employee in accordance with medical opinion, with the consent of the employee, along with leave without pay, provide leave with partial pay, the amount of which is determined by agreement between the employer and the employee. In this case, the employee's working year will include the entire period of being on vacation with partial pay, and for the period of being on leave at the initiative of the employer with partial pay, employees will be entitled to labor leave.

Next, we will figure out in what order the average earnings should be calculated, kept during the vacation, if in the period accepted for its calculation, there were months in which the employee, with his consent, was provided with vacation days without pay.

Paragraph 13 of the Instruction on the procedure for calculating average earnings retained in cases provided for by law, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated April 10, 2000 No. 47 (hereinafter referred to as Instruction No. 47), determines that when, among 12 months accepted for calculation average earnings to pay for holidays, there were months in which in accordance with the law the employee was released from the main job with partial pay or without pay, these months are excluded from the calculation. If in the months when the employee was released from work, he had earnings higher than or at the level of full months, then these months are not excluded.

Thus, if, as indicated in the question, the employee did not work in full for a month at the initiative of the employer(which is considered in accordance with the law) and as a result, payment this month turned out to be lower than the months fully worked, then when calculating the average earnings retained by the employee during the vacation, this month excluded from the period taken for its calculation.

According to paragraph 14 of Instruction No. 47, if in the period adopted for calculating the average earnings retained during the vacation, by agreement between the employee and the employer, there were vacation days without pay, then the average earnings will be determined based on the actual accrued wages.

Thus, if in the period adopted for calculating the average earnings for vacation pay, there were months in which, in accordance with Art. 190 of the Labor Code, employees of the organization, upon their written application, were provided with social leave without pay, then the validity of the reasons and, accordingly, the decision on the inclusion of these months or their exclusion from the calculation is taken by the employer independently in accordance with local regulatory legal acts in force in the organization (collective contract, agreement).

Frequently repeated short-term leave without pay, due to the lack of a full workload of employees, difficult financial situation, etc. can be qualified as downtime through no fault of the employee, because there is a temporary absence of work due to industrial and economic reasons (Article 34 of the Labor Code).

In accordance with Art. 71 of the Labor Code in case of downtime through no fault of the employee, the salary cannot be lower than 2/3 of the established one tariff rate(salary).

For the period from July 18, 2007 to July 17, 2008, the employee used 14 calendar days of labor leave out of the 30 she was entitled to (of which 21 calendar days of the main minimum leave and 9 calendar days additional leave: 5 - for irregular working hours and 4 - for long work experience).

On June 19, 2008, the woman took parental leave until the child reaches the age of three.

Since January 26, 2008, this employee has been given a vacation of 27 calendar days (of which 24 calendar days of the main and 3 calendar days of additional leave: 2 for irregular working hours and 1 for long work experience).

Since October 12, 2009, an employee has been working at the enterprise on the basis of half the monthly allowance and receives 100% of the state child care allowance.

On June 7, 2010, the child turns 3 years old. From June 8, 2010, the employee plans to take a leave of absence.

If a woman does not use part of the leave until the child reaches the age of 3 years, she can use the rest of the leave when she leaves such leave.

First of all, it is necessary to determine what will be the working year of a woman.

In a working year (a period of time equal in duration to a calendar year), only the days actually worked by the employee or days equivalent to them can be counted. Among other things, the time actually worked does not include parental leave until the child reaches the age of three (Article 164 of the Labor Code).

If a woman caring for a child was employed at work for no more than half of the monthly norm of working hours with the payment of state social insurance benefits in the amount of 100%, this means that she continued to be on parental leave, and, accordingly, this the period (from October 12, 2009 to June 7, 2010) is also not included in the working year.

So, the working year in this case will be the period from July 18, 2007 to June 18, 2008 (until the date of going on parental leave), and from June 8, 2010 (from the end of parental leave to July 6, 2010) to the calendar year (July 14, 2008) was 29 calendar days short.

When employees are granted unused labor leave (its part) for 2007-2008 from January 1, 2009, labor leave (its part) is calculated only according to the new norms of the Law of the Republic of Belarus dated July 20, 2007 No. amendments and additions to the Labor Code of the Republic of Belarus”.

The new rules provide for the following restrictions.

Duration main vacation is obligatory for all employers and cannot be less than 24 calendar days (Article 155 of the Labor Code). The provision of a longer basic leave for certain categories of employees is provided for by the Decree of the Council of Ministers of the Republic of Belarus dated January 24, 2008 No. 100.

Additional holidays:

leave for work with harmful and (or) dangerous working conditions (Article 157 of the Labor Code) - from 4 to 28 calendar days, is provided only on the basis of the certification of workplaces;
vacation for an irregular working day (Article 158 of the Labor Code) - up to 7 calendar days; its provision is the right of the employer;
leave for long work experience (Article 159 of the Labor Code) - up to 3 calendar days; its provision is also the right of the employer;
incentive leave (Article 160 of the Labor Code) - the duration of the leave is not limited, the provision is the right of the employer;
incentive leave provided as an additional measure to stimulate labor in accordance with subpara. 2.5 of the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 - up to 5 calendar days, in the event of a contract is the responsibility of the employer.

If an employee is simultaneously entitled to a basic vacation of 24 calendar days and additional vacations, then they are summed up (Article 162 of the Labor Code), forming the employee's full labor vacation.

From January 26, 2008, the total duration of the employee's vacation for the period of work from July 18, 2007 to January 25, 2008 should be 32 calendar days (of which 24 calendar days of the main vacation, and 8 days of additional vacation: 5 - for irregular working day and 3 - for long work experience).

Unused (remaining) part of labor leave for the working year 2007-2008. in 2010, it is provided taking into account the calculation of the duration of labor leave in proportion to the hours worked relative to the date of January 26, 2008.

So, for the period of work from July 18, 2007 to January 25, 2008 (192 days), the employee was entitled to leave in the amount of 32 calendar days, from January 26, 2008 to June 18, 2008 and from June 8, 2010 to July 6, 2010 (174 days) - 27 calendar days.

By calculation, we determine that for the period from July 18, 2007 to January 25, 2008, 6 full months were worked (192 days / 29.7 \u003d 6.464 - this is 6 full months and 0.464 × 29.7 \u003d 13.7 days, which less than 15 calendar days, so we exclude from the calculation).

The amount of vacation per 1 month is 2.667 (32/12). We multiply it by 6 months: 2.667 × 6 = 16.002. Round up to 16 (we exclude less than 0.5 from the calculation).

Thus, for the period before the entry into force new edition of the Labor Code, an employee in 2010 has the right to 16 calendar days of vacation.

Since January 26, 2008, 6 full months have been worked (174 days / 29.7 = 5.858 is 5 full months and 0.858 × 29.7 = 22.5 days, which is more than 15, so we round up to a full month).

The amount of vacation per 1 month is 2.25 (27/12). We multiply it by 6 months: 2.25 × 6 = 13.5. Round up to 14.

Thus, for the period after the entry into force of the new edition of the Labor Code, the employee has the right to 14 calendar days of vacation.

The total number of calendar days of vacation is 30 (16 + 14).

Thus, in June 2010, the employee may be granted the rest of the leave of 16 calendar days (30 - 14 = 16), taking into account the 14 calendar days of leave used in 2008.

Expenses for paying for additional vacations that are made to employees by decision of the employer and (or) the labor collective and are provided at the expense of the employer's own funds, i.e. for an irregular working day, long work experience, as well as incentive holidays provided for in Art. 160 of the Labor Code relate to social benefits. Payouts individuals working in organizations employment contracts, in cash and in kind, having the nature of social benefits, additionally provided by the decision of the employer and (or) the labor collective in excess of the benefits provided for by law, incl. payment for additionally provided under a collective agreement in excess of the holidays provided for by law, when taxing profits are not taken into account (Article 131 of the Tax Code) and are not included in the cost of products (works, services) on the basis of subpara. 15.13 of the Basic Regulations on the composition of costs included in the cost of products (works, services), approved by the Decree of the Ministry of Economy of the Republic of Belarus, the Ministry of Finance of the Republic of Belarus, the Ministry of Labor and Social Protection of the Republic of Belarus dated October 30, 2008 No. 210/161/151.

Thus, for the period of work from July 18, 2007 to January 25, 2008, which is calculated on the basis of 32 calendar days of vacation (including 8 days of additional vacation), 0.5246 years (192 / 366) fall. It turns out that the number of days of additional leave in this period is 4 calendar days (0.5246 × 8).

The remaining period from January 26, 2008, which is calculated on the basis of 27 calendar days of vacation (including 3 days of additional vacation), accounts for 0.4754 years (174 / 366). The number of days of additional leave in this period is 1 calendar day (0.4754 × 3).

Thus, since the total number of calendar days of vacation - 30 accounts for 5 days of additional leave, it can be assumed that the remaining 16 calendar days of labor leave, which will be granted to the employee in June 2010, will account for 3 days of additional leave (16 × 5/30).

Because of Friday is ruled by Venus, this day, as a rule, pleases us with dreams associated with romantic experiences. It is on this day that you can see in a dream those people whom we are most striving to get closer to, and it is also on Friday that you can feel the influence of our own creative energy on dreams.

A good sign for this day is to receive sums of money, in which case get ready for a speedy gratification own desires . The negative for this day is the plot associated with the loss of something, it hints at the scarcity of personal life in the future and general dissatisfaction with oneself. In dreams in which loved ones are present, one should pay attention to what shade the dream itself carries, if the emotions are positive, then there will be no trouble in the relationship.

What is the effect of the 21st day of the month on sleep?

On this day, you can see a variety of dreams, but not many of them are significant. The thing is that on this day you should pay attention only to those dreams that are well remembered. If the dream in memory can not be completely recreated, but it is better not to be taken for interpretation, as you can make many mistakes and mislead yourself.

A hallmark of this day's dreams- is that they are not directly related to the dreamer, but indicate future events in the life of his environment in the future. The dream will come true if the dreamer cannot watch it to the end, that is, the dream will be interrupted at some key moment in the storyline.

If the dream of this day was full of memorable plots, vivid or frightening- it will certainly come true, but not so soon, but after a long period of time. The negative symbols of dreams of this day include any images that can scare or leave in the morning a feeling of despair or fear in a sleeping person.

Dreams in which non-bright events and symbolic images are found- as a rule, on this day they are meaningless and you should not pay attention to them.

Good afternoon. There is an approved text, it cannot be changed. Please indicate the correct option for business correspondence. 1. The term for the provision of services is from 15 to 31 business days. 2. The term for the provision of services is from 15 to 31 business days. 3. The term for the provision of services is from 15 to 31 business days.

Right: Term of rendering at servants - from 15 to 31 working days.


	Question #286725

Pay compensation for 4, 67 calendar days (days) ? unused vacation.