Vacation and rest time. Vacation and rest time Labor Code 1 h 124

The text of article 124 of the Labor Code of the Russian Federation in a new edition.

If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 124 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. Addition of Part 1 of Art. 124 should be recognized as significant. In accordance with its new edition, annual paid leave should not only be extended, but also rescheduled for another period. Moreover, this period is determined by the employer, taking into account the wishes of the employee.

In para. 3 and 4 the words "law" and "laws" are replaced by the words "labor legislation".

Part 2 Art. 124 in the new edition is formulated more strictly in relation to the employer. If earlier, in the cases specified in this part, the annual paid leave was postponed for another period by agreement between the employee and the employer, now the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period. Moreover, the period for which the vacation is postponed must be agreed with the employee.

In the new edition, Part 3, Art. 124 fully applies not only to organizations, but also to individual entrepreneurs.

§ 2. In part 1 of Art. 124 indicates the periods that are excluded from the time of the actual implementation of the vacation, if they fall on the time of the annual paid vacation granted to the employee.

In this regard, the vacation should be extended by an appropriate period of time.

§ 3. Extension of leave is provided for in cases of temporary incapacity for work of an employee. The time spent caring for a sick child or other family members is not grounds for extending the annual paid leave.

§ 4. The Code (see Part 1, Article 170) provides for the retention of the place of work (position) for the duration of the employee's performance of public duties. Such duties include, for example, the performance of the duties of a member of the election commission, the passage of military training.

If the time of performance of state duties coincides with the time of the annual paid leave, then the leave is extended by the corresponding number of days.

§ 5. The Code (see Art. 173 - 177), as one of the guarantees provided to employees who combine work with education, provides for additional leave to prepare for admission to educational institutions, passing tests and exams, preparing a graduation project. These holidays, according to their intended purpose, are called in practice educational.

If the time of the study leave coincides with the time of using the annual paid leave, the latter is transferred to another time, determined by agreement between the employee and the employer. Also, by agreement between them, study leave can be added to annual paid leave (see part 2 of article 177 of the Labor Code).

§ 6. Full or partial combination of annual paid holidays is allowed for persons working in the regions of the Far North and equivalent areas, but not more than two years (see part 3 of article 322 of the Labor Code). This means the possibility of transferring vacation from one working year to another.

§ 7. A violation by the employer of the deadline for notifying the employee of the upcoming vacation (see part 3 of article 123 of the Labor Code, part 2 of article 124 of the Labor Code) may lead to the postponement of the use of annual paid leave, as well as if the employee was not paid on time for vacation time (see part 9 of article 136 of the Labor Code).

In such cases, leave in accordance with Art. 124 order is postponed to another date.

However, under certain circumstances, the employee may be interested in using the leave at the time set by the schedule. It seems that in such cases, upon a written application of the employee and an agreement between the employee and the employer, it would be possible not to transfer the annual paid leave.

§ 8. As a result of a change in circumstances, the employee and the organization may need to postpone the vacation for another period.

In such cases, with appropriate justification by each party and by mutual agreement, the time of granting annual paid leave may be changed, and the necessary changes may be made to the vacation schedule in the manner established for its approval.

It is advisable to provide for the circumstances (good reasons) for which the vacation schedule can be changed in the collective agreement, the local regulatory act of the organization, adopted in the manner established by the Labor Code (Articles 8, 371, 372 of the Labor Code).

The next commentary on article 124 of the Labor Code of the Russian Federation

If you have questions under Art. 124 of the Labor Code, you can get legal advice.

1. In the cases specified in paragraph 1 of the commented article, the annual paid leave is extended by the number of calendar days during which the circumstances that served as the basis for the extension were in effect, or postponed for another period. When the vacation is extended, the amount of wages paid to the employee during the vacation does not change, and payment for days of temporary disability, performance of public duties is made in accordance with the law (see Articles 170, 183 of the Labor Code and commentary thereto).

When postponing leave in these cases for another period, the time for which the leave is transferred is determined by the employer, taking into account the wishes of the employee. If the circumstances provided for by Part 1 of Art. 124 of the Labor Code, did not come during the vacation period, but immediately before the employee went on vacation according to the schedule, the vacation must also be rescheduled for another period during the current working year.

2. Violation by the employer of the deadline for paying vacation (see Article 136 of the Labor Code and the commentary thereto) or the warning period serves as a basis for postponing the vacation for another period, and this period must be agreed between the employee and the employer.

3. The Labor Code does not disclose the concept of "exceptional cases", which allow the employer, with the consent of the employee, to transfer the vacation to the next working year. Part 3 of the commented article contains only a general criterion that the employer should be guided by. When obtaining the consent of the employee to postpone the vacation, the employer must indicate specific exceptional circumstances that may lead to a violation of the normal operation of the organization, individual entrepreneur.

4. Employees under the age of 18 and employees employed in work with harmful and (or) dangerous working conditions, in any case, leave must be granted annually. All other employees are subject to a no-vacation rule for two consecutive years.

5. A special procedure is provided for workers working in harsh climatic conditions. For persons working in the regions of the Far North and equivalent areas, full or partial combination of holidays is allowed, but not more than two years. At the same time, the total duration of the leave provided should not exceed six months, including the time of leave without pay required for travel to the place of use of the leave and back (see Article 322 of the Labor Code and commentary thereto).

ST 124 of the Labor Code of the Russian Federation.

Annual paid leave must be extended or rescheduled for another period,
determined by the employer, taking into account the wishes of the employee, in the following cases:

temporary disability of an employee;
performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;
in other cases provided for by labor legislation, local regulations.

If the employee was not paid on time during the annual
paid vacation, or the employee was warned about the start time of this vacation later
than two weeks before its start, the employer, at the written request of the employee, is obliged
postpone annual paid leave for another period agreed with the employee.

In exceptional cases, when granting leave to an employee in the current working
year may adversely affect the normal course of work of the organization, individual
entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working
year. In this case, the leave must be used no later than 12 months after the end of that working day.
year for which it is provided.

Failure to grant annual paid leave for two years is prohibited.
in a row, as well as failure to provide annual paid leave to employees under the age of
eighteen years of age and employees employed in work with harmful and (or) dangerous working conditions.

Commentary on Art. 124 of the Labor Code of the Russian Federation

1. In the cases specified in paragraph 1 of the commented article, the annual paid leave is extended by the number of calendar days during which the circumstances that served as the basis for the extension were in effect, or postponed for another period. When the vacation is extended, the amount of wages paid to the employee during the vacation does not change, and payment for days of temporary disability, performance of state duties is made in accordance with the law (see Articles 170, 183 of the Labor Code of the Russian Federation and commentary thereto).

When postponing leave in these cases for another period, the time for which the leave is transferred is determined by the employer, taking into account the wishes of the employee. If the circumstances provided for by Part 1 of Art. 124 of the Labor Code of the Russian Federation, did not come during the vacation period, but immediately before the employee went on vacation according to the schedule, the vacation must also be rescheduled for another period during the current working year.

2. Violation by the employer of the deadline for paying vacation (see to it) or the notice period serves as a basis for postponing the vacation for another period, and this period must be agreed between the employee and the employer.

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases: temporary disability of the employee; performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this; in other cases provided for by labor legislation, local regulations. If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee. In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

Legal advice under Art. 124 Labor Code of the Russian Federation

Konstantin Rogalya

Vacation from March 18 to April 4, followed by dismissal, the child fell ill, opened a sick leave. I was told they would not pay for it because the child got sick, not me! Indeed, my sick leave will not be paid, and what should I do in this situation?

Evgenia Bogdanova

School teacher. Received vacation pay and went on vacation. Got to the hospital. Acting knew about the fact that she had gone to the hospital. director. I received a sick leave a month after discharge (there were no forms). Do I have the right to apply for an extension of vacation until I have a sick leave in my hands?

Question answered by phone

Stanislav Tyazhkikh

Good afternoon! She went on another vacation from 04.09 to 12.09, from 12.09 she was discharged from maternity leave for 140 days, wrote an application to postpone part of the vacation for the period after the vacation in Bir and to grant leave to Bir from 12.09. At work, they offered two options, either Bir from September 28, or enrollment for a review from the next vacation and the return of vacation pay, a reference to the fact that pregnancy is not a disease. Are these true! Thanks

Question answered by phone

Elizabeth Popova

Hello! I had an annual vacation scheduled for August. But for family reasons, at the beginning of the year, I had to postpone it to June, but now in June I can’t go on vacation, too, for family reasons, can I postpone the vacation again to August 2017.

Question answered by phone

Vladislav Lisovsky

The person has been working for over a year. Was not on vacation. What needs to be done if he is not going on vacation? The person has been working for over a year. Was not on vacation. What needs to be done if he is not going on vacation? Does the employer have to pay something?

Lawyer's response:
labor legislation prohibits the failure to provide annual paid leave for more than two consecutive years, as well as the failure to provide annual paid leave to employees under the age of eighteen and employees engaged in hazardous work (part four of Article 124 of the Labor Code of the Russian Federation). If the employee did not use the vacation for the corresponding calendar year, this vacation is accumulated, that is, it is actually transferred in all cases. If it is not used, then upon dismissal, the employer is obliged to pay the employee monetary compensation for unused vacation days based on the average wage for the entire period of work.

Natalia Guseva

the employee did not follow the vacation schedule, a large number of days came up to go on vacation, she refuses what to do. According to the vacation schedule, the employee was not sent on vacation, now she refuses to go. . a large number of days, what to do?

Lawyer's response:
On vacation under pressure In every organization there are so-called workaholics: "I don't want to go on vacation right now... I have an important project... I'll take some time off later...". And such employees accumulate several unused vacations. Responsibility of the employer for failure to provide leave. From the point of view of labor law, the voluntary refusal of an employee to use his right to annual leave is not an excuse for the employer. Regardless of the reasons, not granting leave to an employee is a serious violation of both labor law and labor protection legislation. Moreover, the responsibility for such a violation lies with the employer. He may be subject to an administrative fine in the amount of 300 to 500 times the minimum wage, or the company's activities may be suspended for up to 90 days (Clause 1, Article 5.27 of the Code of Administrative Offenses of the Russian Federation) . Part 4 of Article 124 of the Labor Code prohibits the failure to provide annual paid leave for two consecutive years. Thus, the maximum duration of unused vacation cannot exceed 56 calendar days. How to "kick out" an employee on vacation? The Labor Code does not require an employee to write an application for leave. The basis for granting the next vacation is the vacation schedule. What to do if the employee did not go on vacation according to the schedule? We propose the following algorithm: - firstly, issue an order to amend the vacation schedule; - secondly, notify the employee against signature of the start of the vacation at least two weeks in advance; - thirdly, issue a vacation order and also familiarize the employee with it against signature. If the employee refuses to sign, draw up an appropriate act of refusal to familiarize. And in conclusion - to pay the employee vacation pay at least three days before the start of the vacation.

Yuri Bordukov

sick leave question. During the next vacation (lasting 24 days) I got into an accident and broke my arm, as a result, a sick leave for a month at least. Tell me how the sick leave is now paid and will the vacation be extended (did not finish 15 days)? the general experience is 3 years, and at the last place of work a year and 2 months.

Lawyer's response:
leave, according to Article 124 of the Labor Code, must be extended or rescheduled for another period. In what cases is the vacation extended, and in which it is transferred, there is no direct answer to this question in the law ... the transfer of vacation for another period is allowed only on the basis of a written application from the employee. At the same time, his new term is determined by the employer, taking into account the wishes of the employee (part one, article 124 of the Labor Code of the Russian Federation). It is possible to extend the vacation (if there is a sick leave) both at the request of the employee and without it. The sick leave is calculated on the basis of income for the previous 2 calendar years (which means that in your case you need to take a certificate of income for the year from the last place of work - just a certificate, and not 2-personal income tax!). Based on your insurance experience, sick leave will be paid in the amount of 60% (with insurance experience up to 5 years). Divide the income received for 2 years by 730 and multiply by the number of sick days, from the amount received you are entitled to 60% of which another 13% (personal income tax) will be deducted .. then the number of vacation days that you had to get sick can be extended or rescheduled , but in any case, they will no longer be paid, because they have already been paid to you before you go on vacation (there will already be just a division or transfer of already paid vacation days).

Alla Kuznetsova

sick leave. During the next vacation, I took sick leave to care for my grandson (age 4.5 years), for a period of not more than 10 days. Am I required to pay for it?

Lawyer's response:
An employee falls ill while on paid annual leave. Do I need to pay sick leave in this case? Yes need. The FSS of Russia, in a letter dated June 5, 2007 N 02-13 / 07-4830, explained that, according to Article 124 of the Labor Code of the Russian Federation, in the event of a temporary disability of an employee, annual paid leave must be extended or rescheduled for another period. Paragraph 1 of Article 9 of Federal Law N 255-FZ states that temporary disability benefits are granted if the illness occurred during the period of annual paid leave. This means that in the event of an illness (injury) of an employee during the period of being on the specified vacation, the certificate of incapacity for work issued to him for this period is payable in accordance with the generally established procedure. Based on paragraph 8 of Article 6 of Federal Law N 255-FZ, temporary disability benefits are paid to the insured person for all calendar days, including weekends and holidays falling on the period of temporary disability. In this regard, in the event of an illness (injury) of an employee and the submission of a disability certificate for payment, drawn up in accordance with the established procedure, the annual paid leave must be extended by the number of calendar days of temporary disability (taking into account weekends and holidays) that coincided with the vacation period, or, in agreement with the employee, postponed to another period. Please note: there is such a nuance. If during the annual paid vacation not the employee himself, but his child, fell ill, in this case the sick leave is not paid, and the vacation is not extended. As the employees of the FSS of Russia quite rightly noted in a letter dated August 9, 2007 N 02-13 / 07-7422, in accordance with Article 5 of Federal Law N 255-FZ, the insured person is paid temporary disability benefits in cases where it is necessary to care for a sick family member. and here is the letter itself: Letter from the Social Insurance Fund of the Russian Federation dated August 9, 2007 N 02-13 / 07-7422

Yuri Polutyaglov

I have 23 days left from last year (2013). since last year (2013) I have 23 days of non-holiday vacations left. this year the employer still has to give me 28 more days. question 1. can 23 days burn out? if so, how long is the question 2 . I want monetization. in 23 days! can i write an application? if not, why not?

Lawyer's response:
1. Holidays do not expire. On the contrary, in the Labor Code, part 4 of Article 124 prohibits the failure to provide annual paid leave for two consecutive years, as well as the failure to provide annual paid leave to employees under the age of eighteen years and employees employed in work with harmful and (or) dangerous working conditions. 2. The employer has no obligation to pay you compensation for unused vacation, only upon dismissal (Article 127 of the Labor Code of the Russian Federation). But at the same time, part 1 of article 126 of the Labor Code of the Russian Federation provides: "Part of the annual paid leave exceeding 28 calendar days, upon a written application of the employee, may be replaced by monetary compensation." That is, by mutual agreement with the employer, you can receive monetary compensation for 23 days.

Yaroslav Gromykhalov

Sick leave for dad .. My sister just got a job, the child was 1.5 years old, and the baby fell ill. We decided that dad would take sick leave, his next vacation was coming to an end. Dad was warned at work that they would not pay sick leave and he had to leave the vacation according to the schedule. State enterprise. Is it right or not?

Lawyer's response:
Leave is not extended. In accordance with the first part of Article 124 of the Labor Code, annual paid leave must be extended in the event of temporary disability of the employee himself. If a child falls ill during a period when a woman does not need to be released from work (in particular, she is on annual paid leave), a disability certificate for caring for a child (if he continues to need care) is issued from the day when the mother should start working 42 of the Procedure for issuing certificates of incapacity for work 514 dated 08/01/2007 When a child falls ill during a period when the mother (another family member who actually cares for the child) does not need to be released from work (annual paid leave, maternity leave, care leave for a child until he reaches the age of 3 years, unpaid leave, weekends or non-working holidays, etc.), sick leave for child care (in the case when he continues to need care) is issued from the day when the mother ( another family member who actually takes care of the child) must start working

Ilya Minin

labor Code. st124 in detail

Lawyer's response:
- Lawyer's response:
  And in the future, do you plan that the secretary will solve problems for you? Annual paid leave can be carried over both during the working year and to the next year. In the first case, the vacation must be postponed upon a written application of the employee, if: - the employee was not paid vacation pay in a timely manner; - the employee was not warned in time about the start date of the vacation. For information on how to file an employee's application, see What documents need to be issued when granting annual paid leave to an employee. In the second case, the vacation can be postponed with the consent of the employee if his departure on vacation will adversely affect the activities of the organization. In this case, the employee must use the leave no later than 12 months after the end of the working year for which the leave is granted. That is, you can transfer the vacation only to the next working year. This is stated in parts 2 and 3 of Article 124 of the Labor Code of the Russian Federation. If the organization does not provide the employee with leave, then the labor inspectorate may fine it. Penalties for violation of labor legislation (including the rules on holidays) are established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation in relation to: - organizations - in the amount of 30,000 to 50,000 rubles. ; - officials of the organization (for example, the head) - in the amount of 1000 to 5000 rubles. (repeated violation entails disqualification for a period of one to three years).

Maria Komarova

if the study leave coincides with the next one, is the rest time extended, how is it paid in this case

Lawyer's response:
In the case when the annual paid vacation (Chapter 19 of the Labor Code of the Russian Federation), intended for recreation, coincides with the educational paid leave (Chapter 26 of the Labor Code of the Russian Federation), the employee who combines work and study is required to take a paid educational leave. Annual paid leave is not extended by the number of days of study leave, in contrast to the cases listed in Article 124 of the Labor Code of the Russian Federation, but is interrupted. The employee writes two statements: a) with a request to interrupt his next vacation; b) with a request to provide study leave on the basis of a certificate-call. Subject to the above conditions, the employer is obliged to provide paid study leave to the employee on the basis of a certificate-call. The employee will use the rest of the next paid leave at the end of the study leave or agree with the employer on the procedure for using the rest of the next paid leave at another time in compliance with the requirements of parts 3 and 4 of Article 124 of the Labor Code of the Russian Federation.

Timur Himatullin

Vacation compensation. Worked in the organization for 1 year and 11 months. During this time I took one two-week vacation (after a year and two months of work). Will I be able to receive compensation for all non-vacation days upon dismissal?

Lawyer's response:
you can! rumors that "holidays are burning" - this is most likely that you can use the vacation no later than one year after the end of the year for which the vacation is granted (Article 124 of the Labor Code) and after the entry into force of the Geneva Convention (September 2011), it will be possible to use the rest of the vacation no later than in a year and a half, but nothing changes with regard to compensation for all vacations upon dismissal

Valentina Frolova

He spent 7 days with the child, ON HOSPITAL during his REGULAR VACATION, are these days COMPENSATED ?. He spent 7 days with the child, ON HOSPITAL during his REGULAR VACATION, these days are COMPENSATED? I mean, is my vacation extended by the number of days due to the illness of my child ???

Lawyer's response:
NO. In accordance with Article 124 of the Labor Code of the Russian Federation, annual leave must be extended: 1) in the event of temporary disability of the employee. If an employee becomes ill during vacation, the latter is extended by the number of days of incapacity for work coinciding with days of rest. The employee must notify the personnel department of the organization about temporary disability: for this it is not necessary to go to work, but it is enough to send a telegraph, facsimile or other written message or simply call, and when leaving for work at the end of the vacation, submit a certificate of temporary disability. In case of failure to provide a sick leave, the time for which the vacation was extended will be considered as used in advance with all the ensuing consequences;

Kirill Valenkov

help solve the problem. The turner of the plant was on annual leave from June 9 to July 7 and on leave without pay from July 8 to July 14. During the holiday period on June 12, he received a stomach disease and was unable to work until July 11. For what period will the benefit be paid?

Lawyer's response:
Labor Code of the Russian Federation Article 124. Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases: temporary disability of the employee; Article 183. Guarantees to an employee in case of temporary incapacity for work In the event of temporary incapacity for work, the employer shall pay the employee an allowance for temporary incapacity for work in accordance with federal laws. Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" Article 9. Periods for which temporary disability benefits are not granted. Grounds for refusing to assign temporary disability benefits 1. Temporary disability benefits are not granted to the insured person for the following periods: 1) for the period of release of the employee from work with full or partial pay or without payment in accordance with the legislation of the Russian Federation, with the exception of cases of disability by an employee due to illness or injury during the period of annual paid leave; Consequently, for the period from June 12 to July 7, he will be assigned temporary disability benefits for the period of illness during the vacation, and the vacation pay will be recalculated and the vacation will either be extended or rescheduled. The problem, probably, the teacher himself came up with? Left task. You cannot be sent on vacation without saving salary at the initiative of the employer. This means that the employee wrote an application for granting him such leave for the period from July 8 to 14. And the employee, if he is sick, why should he ask for such a vacation???? he also loses the right to benefits for the period from July 8 to July 11. This is some nonsense.

Nikolay Tabachnikov

if, while on vacation, they are admitted to the hospital and a sick leave is issued, then the vacation is extended for the duration of the illness. while on sick leave???

Lawyer's response:
"If, while on vacation, they are admitted to the hospital and a sick leave is issued, then the vacation" in accordance with Article 124 of the Labor Code (Labor Code of the Russian Federation) "must be extended or rescheduled for another period determined by the employer, taking into account the wishes of the employee" in the case of "temporary worker's incapacity". An extract from the Labor Code of the Russian Federation is attached. Article 124. Extension or postponement of annual paid leave Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases: temporary disability of the employee; performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this; in other cases provided for by labor legislation, local regulations. If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee. In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

Vladislav Smirnov

Vacation extension. I was on sick leave due to my child's illness. Will the vacation be extended by the number of sick days?

Lawyer's response:
Will not. In accordance with Article 124 of the Labor Code of the Russian Federation, annual leave must be extended in case of temporary disability of the EMPLOYEE. That is, the vacation is extended only if the employee himself was UNABLE TO WORK. When applying for a sick leave for the care of a disabled family member, VACATION IS NOT SUBJECT TO EXTENSION Moreover, the issuance of a sick leave during the vacation period is a gross violation on the part of the medical institution. You probably didn’t tell the doctor that you were on vacation - ORDER for the issuance of sick leave certificates by medical organizations approved. Order of the Ministry of Health and Social Development of Russia dated August 01, 2007 No. 514 Clause 41. A certificate of incapacity for work is not issued for care: for a sick family member over 15 years of age with inpatient treatment; during the period of ANNUAL PAID HOLIDAY and leave without pay;

Oksana Borisova

Is vacation extended if you are on sick leave with a child during it?

Lawyer's response:
no, it is not extended, and days of sick leave for child care that coincide with vacation are not subject to payment. According to Art. 124 of the Labor Code, the extension or postponement of annual paid leave is possible in the following situations: - in case of temporary disability of the employee; In the Determination of the Board of Appeal of the Supreme Court of the Russian Federation dated February 28, 2013 N APL13-18, it is indicated that, according to Art. 124 of the Labor Code, the obligation to extend the vacation by the number of calendar days of disability, if it occurred during the period of stay on annual paid leave, arises from the employer only in the event of temporary disability of the employee himself. The illness of a child or another family member is not a basis for extending the annual paid leave, even if there is a certificate of incapacity for work issued to the employee was to start (at the end of the vacation) to work (clause 1, part 1, article 9 of the Law of December 29, 2006 N 255-FZ). In principle, a certificate of incapacity for work should be issued only for this period.

Svetlana Sergeeva

3 years of vacation left. Is it possible to use all holidays when calculating vacation pay? Or are there any restrictions? I can't take a refund. since each vacation is 28 calendar days. And compensation is due. if more (((

Lawyer's response:
Nonsense. Vacations don't expire. Article 124 of the Labor Code of the Russian Federation prohibits not providing an employee with annual paid leave for two consecutive years. Thus, by allowing an employee not to go on vacation for two or more years, the organization violates labor laws, which condemns itself to fines. So the employer is OBLIGED to send the employee on vacation so that there is no more than 2 years in the piggy bank. And for 3 years - this is how you agree. Theoretically possible. You can also try to ask in advance for the 4th month))) Legislation does not prohibit.

Is it possible to provide an employee in 2009 with unused vacation for 2004-2005?
- Lawyer's response:
  According to Article 124 of the Labor Code - in exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. Failure to grant annual paid leave for two consecutive years is prohibited. And according to Article 125 - when an employee is recalled from vacation, the unused part of the vacation in connection with this must be provided at the choice of the employee at a convenient time for him during the current working year or attached to the vacation for the next working year. In any case, there is a violation of the Labor Code and it is better to provide unused vacations (or demand their provision) the sooner the better, preferably in 2009.

Eduard Chebotaev

Can unscheduled vacation from previous years be added to the current vacation? Good day! Tell me, preferably with an indication of the article of the law, is it possible to take a day off for all previous holidays that were not taken in one year? For example, if an employee did not go on vacation in 2007, 2008, can he take all 56 days off in 2009?

Lawyer's response:
According to Article 124 of the Labor Code - in exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to provide annual paid leave for two consecutive years. And according to Article 125 - when an employee is recalled from vacation, the unused part of the vacation in connection with this must be provided at the choice of the employee at a convenient time for him during the current working year or attached to vacation for next working year. In any case, there is a violation of the Labor Code, but it is better to choose the lesser of two evils and provide all unused vacations in 2009.

Antonina Blinova

Question about annual leave and sick leave? If during the next vacation you go on sick leave to care for a child (7 years old). Is the vacation extended? Please list articles. Thanks in advance.

Lawyer's response:
Vacation is not extended and IS NOT PAYED. According to Article 124 of the Labor Code of the Russian Federation, in the event of temporary disability of an employee during vacation, annual paid leave must be extended or rescheduled for another period. Thus, when caring for a sick child or other family member during the period of annual paid leave, a certificate of incapacity for work is not issued. If the employee did not warn the attending physician that he was on vacation, and a certificate of incapacity for work was issued, then he is not paid. Accordingly, the vacation is not extended or transferred. This is explained by the fact that the vacationer is already released from work, and therefore no additional release is required to care for a sick child or other family member.

Nikita Kozitsyn

Personnel issue. Leave order issued. The employee has not yet gone on vacation, but there is already a need to recall him for the vacation period. How can this be done?

Lawyer's response:
The employer has the right to cancel the order for the provision of vacation, which is scheduled according to the schedule, only with the written consent of the employee. Part 3 of Article 124 of the Labor Code states that in exceptional cases, which are dictated by the interests of the organization, the employee's vacation (with his consent) can be postponed to a later time. However, subsequently such leave must be used, and no later than 12 months after the end of the year for which it was granted. At the same time, it should be remembered that the employer does not have the right not to provide the employee with annual paid leave for two consecutive years (part 4 of article 124 of the Labor Code of the Russian Federation). So, in your situation, it all depends on how long the employee has not rested. If he was not given a vacation last year, you have no right to postpone the next vacation. If you rested, then there will be no “crime” in your decision. If the employee agrees, then the order to cancel the vacation is drawn up in any form, with an explanation of the reasons for postponing the vacation for another period (with its indication). Be sure to familiarize yourself with the order of the employee against signature. If the employee does not agree, then you can not do anything. The law is on his side.

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:

temporary disability of an employee;

performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;

in other cases provided for by labor legislation, local regulations.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.

Commentary on Art. 124 Labor Code of the Russian Federation

1. Annual paid leave is subject to extension or postponement for another period determined by the employer, taking into account the wishes of the employee, when, due to certain circumstances, the leave cannot be used for recreation in the cases specified in the Labor Code and other laws, local regulations.2 . In case of violation by the employer of the rules for granting leave (late notice of the time of granting leave, delayed payment of vacation pay - see Article 136 of the Labor Code), the leave is postponed by agreement of the parties to the employment contract for another period.3. The employer may transfer annual paid leave to the next working year only with the consent of the employee and only in exceptional cases, with the obligatory granting of leave to the employee within the period established by Part 3 of this article.4. Regardless of any reasons, it is forbidden not to provide employees with annual paid leave for two consecutive years, and for some categories of employees (minors employed in work with harmful and (or) dangerous working conditions), leave cannot be transferred to the next working year.

Judicial practice under article 124 of the Labor Code of the Russian Federation

Decision of the Supreme Court of the Russian Federation dated September 24, 2012 in case No. AKPI12-1107

In view of the above arguments Blinova A.GN. that the decision of the qualification board of judges could not have taken place before the end of his labor leave, subject to extension by the number of days during which the applicant was unable to work, as provided for by the article of the Labor Code of the Russian Federation in relation to employees, are not based on law.

Determination of the Supreme Court of the Russian Federation of 04.10.2013 N 69-KG13-4

In accordance with Art. of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the event of temporary disability of the employee.

Denying the claims, the court proceeded from the fact that Suleimanova A.C. did not warn the employer about the illness during the vacation, in connection with which she committed a violation of labor discipline, since, as follows from clause 4.8 of the Internal Labor Regulations of the Management of Social Facilities LLC, the main duties of the employee include, among other things, timely reporting to management about the reasons for absenteeism. The court considered that by not submitting a sick leave to the employer, the plaintiff had abused her right to extend her vacation, so her dismissal for absenteeism without good reason was legal.

"Review of the judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2013"

In accordance with Art. Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the event of temporary disability of the employee.

In refusing to satisfy the claims, the court proceeded from the fact that S. did not warn the employer about the illness during the vacation, in connection with which she committed a violation of labor discipline, since, as follows from the internal labor regulations of the organization, the main duties of the employee were including timely communication to management about the reasons for absenteeism. The court considered that, by not submitting a certificate of incapacity for work to the employer, the plaintiff had abused her right to extend her vacation, therefore her dismissal for absenteeism without good reason is legal.

Determination of the Constitutional Court of the Russian Federation of October 23, 2014 N 2302-O

of the second part of Article of the Labor Code of the Russian Federation, according to which the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee, if the employee was not paid on time during the annual paid leave or the employee was warned about the start time of this vacation later than two weeks before its start;

Determination of the Constitutional Court of the Russian Federation of May 29, 2014 N 1030-O

part four of Article of the Labor Code of the Russian Federation, according to which it is prohibited, among other things, not to provide annual paid leave for two consecutive years;

Part one of Article 127 of the said Code, which establishes that upon dismissal, the employee is paid monetary compensation for all unused vacations;

Resolution of the Supreme Court of the Russian Federation of 08/01/2017 N 18-AD17-15

In violation of the article of the Labor Code of the Russian Federation, the employee Petrikov N.Yu. paid annual leave for two consecutive years.

These violations of labor legislation served as the basis for bringing the company to administrative responsibility by a decision of an official under part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation of September 27, 2018 N 2228-O

OF THE FIRST ARTICLE OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtsev,

Determination of the Constitutional Court of the Russian Federation of December 20, 2018 N 3308-O

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtsev,

Determination of the Board of Appeal of the Supreme Court of the Russian Federation of November 20, 2012 N APL12-679

The arguments of Blinov A.N. that the decision of the qualification board of judges ... is unlawful due to the violation of the requirements of articles , the Labor Code of the Russian Federation, was correctly recognized by the court of first instance as unfounded, since these norms are not subject to application when deciding on the termination of the powers of a judge on such grounds as the entry into force of a guilty verdict against a judge.

Determination of the Supreme Court of the Russian Federation dated 06.02.2014 N APL13-606

An article of the Labor Code of the Russian Federation provides for cases of extending or postponing annual paid leave for another period determined by the employer, taking into account the wishes of the employee.

As correctly noted in the appealed decision, paragraph 15.12 of the Instructions provides for the provision of the next annual leave based on the report of the employee, which indicates his will to choose the type of leave (main and (or) additional); vacation duration; the place of vacation, on which the increase in the duration of the vacation depends, associated with the compensation of days spent on the road to the place of vacation, as well as family members who need to be paid monetary compensation for sanatorium treatment and recreation, in order to ensure the rights of employees, provided for in Articles 45, 46 of the Regulations.

Article 124 of the Labor Code stipulates situations when the mandatory one can be increased or rescheduled for another time. The duration of the rest and the procedure for its use is determined by the norms of the Labor Code of the Russian Federation and the terms of the working agreement, which is concluded between the person and the company. The sequence in which workers go on vacation is determined by the order established and approved by the head of the company.

However, sometimes unforeseen life situations arise when the duration of the vacation can be changed or the break is postponed.

The reasons for changing the schedule or increasing the duration are indicated in Part 1 of Art. 124 of the Labor Code of the Russian Federation.

These include:

Restriction of a person's ability to fully perform their duties. Most often this is associated with.
Circumstances when a person fulfilled state budget obligations while on vacation.

The internal regulations of the company may provide for other situations when the vacation is extended or.

The main condition in such situations is the intention of the person himself. In practice, it is drawn up in writing, in the form of a petition of the appropriate content.

The exception is situations where the absence of a specialist may adversely affect the company's activities as a whole. In these cases, with the consent of the specialist, the leave can be transferred to the next working year.

Temporary disability of an employee

One of the reasons for changing the vacation schedule, which is indicated in Part 1 of Art. 124 of the Labor Code of the Russian Federation, is a temporary restriction that creates an obstacle for a person and does not allow the latter to work fully. Such a provision must be substantiated by documentary evidence issued by a medical report.

This may include:

disease in the course of their professional activities;
injury or injury that a person received in the process of work;
caring for a sick relative;
temporary isolation from others, on medical advice, of both the person himself and his baby, if the latter is under seven years old;
performing prosthetic surgery;
preventive stay in the organization providing sanatorium services.

If there are circumstances that a person could not predict in advance, the duration of his mandatory leave may be extended.

Fulfillment of public duties

Another reason for increasing or, which is also indicated in Part 1 of Article 124 of the Labor Code, is the fulfillment by a specialist of state budgetary obligations during the period of rest and recovery.

In such circumstances, the employee retains his position. But since he does not use his personal time for rest, his break should be extended. The current regulations do not establish a clear list of such circumstances. In practice, examples of such situations are:

participation in trials as a juror;
assistance to supervisory and regulatory authorities;
election campaign;
performance of duties in military service;
appointment based on election results;
inclusion in the trade union body.

When is an employer required to reschedule a vacation?

One of the duties of the manager regarding the suspension of the employee's activities is to timely inform the person about the beginning of the temporary suspension of activities and the payment of financial assistance. In case of violation of this obligation, the break is postponed to another time, at the written request of the employee. The transfer time is determined by the worker. This rule is enshrined in Part 2 of Article 124 of the Labor Code of the Russian Federation.

The main condition in such a situation is a written petition of the employee. In this case, the leader cannot refuse the person. Otherwise, the boss will be applied.

Untimely notification of the start of the holiday

According to the content of part 2 of article 124 of the Labor Code of the Russian Federation, it can be concluded that the manager is obliged to inform the employee about the moment of leaving for temporary rest no later than fourteen days before the start of the break. That is, you can notify a person for an earlier period, for example, a month. This will not be a violation. But a later notice will be the reason for the transfer.

Moreover, the current rules do not establish exceptions. That is, the circumstances under which the omission of the notification time is allowed are not specified. In any case, the manager is obliged to inform the person in a timely manner.

Late payment of vacation pay

The same principle applies to a situation where the employee did not arrive on time.

According to the rules of the current norms, the required funds must be transferred to the employee or credited to his personal bank account no later than three days before the start of the holiday.

Otherwise, in addition to the transfer, there is a risk of a complaint and as a result.

Leave transfer restrictions

As stated in Article 124 of the Labor Code of the Russian Federation, in addition to the mandatory cases of transfer, it establishes another possibility to change the time of suspension of activities. It is due to the fact that the temporary absence of a specialist will complicate the activities of the organization. In such a situation, with the consent of the worker, it is possible to change the period of interruption in activities. The current regulations do not define the criteria for such circumstances. Everything is decided by mutual agreement in each case.