Every working person knows that his right to rest is protected by the state. With the approach of the annual vacation time, citizens are wondering: how to get the rest due to him? In order for the registration of the vacation period to go smoothly, it is necessary to familiarize yourself with the provisions that are spelled out in the relevant legislative acts. Based on them, any controversial issue, which means the fullest use of the constitutional right to rest.

The legislative framework

The Constitution of the Russian Federation establishes that every working citizen has the right to rest, including annual paid leave. The employer is obliged to provide it every year - this circumstance is prescribed in the Labor Code of the Russian Federation, in Art. 122 .

Note

What is annual paid leave? This is the period during which the employee is released from his duties, and can engage in whatever activity he wants. This statement is contained in the articles and the Labor Code of the Russian Federation

While the employee is on vacation, that is, during the provision of annual paid leave to him, he is actually inviolable - according to Art. 114 of the Labor Code of the Russian Federation, no one can demote or demote. It is also not allowed to change it in any direction.

Leave paid at the expense of the employer must be granted to any employee, regardless of the method of payment for his work, form of employment or other factors. This means that the following categories of citizens have an equal right to a similar period of rest:

• Working full-time;
• Combining several works;
• Remotely, for example, at home;
• Those with a part-time job.

IMPORTANT

The main condition for granting annual leave according to the Labor Code of the Russian Federation - a properly executed employment contract. With employees who have entered into a civil labor agreement, it is more difficult: their vacation labor law does not regulate. The same applies to non-contracted board members and military personnel.

Duration

Those employees who are interested in how much they can rest should read Article 115 of the Labor Code of the Russian Federation in more detail. It is in it that the duration of the annual paid leave is indicated - according to the Labor Code of the Russian Federation it is 28 calendar days. By agreement with the employer, the duration of rest can be increased. This happens, for example, if an employee has unused .

It is not necessary to use all the time of paid vacation at once. The employee can break it down into several parts, naturally agreeing his requirements with the employer. The only condition is that at least one of the periods must have a duration of at least 14 days. This rule is clearly outlined in article 125 of the Labor Code of the Russian Federation. The duration of the remaining parts is not legally fixed: in fact, vacation can be issued for one day.

Attention

When calculating the days that the employee rested, both weekdays and weekends are taken into account. In regulatory legal acts, the concept of "calendar days" is used.

Official holidays are not included in the vacation days. They are also not paid.

Category	Vacation days	Note
Underage workers	31 days	Art. 267 of the Labor Code of the Russian Federation - a minor has the right to take a vacation at any time when it is convenient for him
Employed in the field of science who have a degree	Doctor of Sciences - 48 PhD - 36	Provided that these citizens work in organizations financed by funds allocated from the federal budget
Rescuers and emergency workers	30-35-40 days	Vacation time depends on the professional experience, provided that it is not interrupted
Citizens with disabilities	30 days	Any disability group is taken into account
Employees involved in teaching activities	42 or 56 days	The duration is affected by the form of organization where the citizen works, as well as his position
Working in industries chemical species weapons	49 or 56 calendar days	Depends on the hazard group - 1 or 2
Citizens employed in the healthcare sector, where there is a high probability of contracting HIV infection	36 days	The amount provided each year is also taken into account. additional leave as the work takes place in dangerous conditions
Employees in the Investigative Committee	30 days	The time spent on the way to the place of rest and return home is not taken into account. It is also possible to provide additional vacation days
civil servants	30 days
Employees of the prosecutor's office, including those employed in the field of science and pedagogy	30 days	The time spent on the way to the place of rest and return home is not taken into account. Period can be extended for length of service

Additional Information

The annual paid leave under the Labor Code of the Russian Federation is also being extended for citizens working in the Far North.

Provision procedure

A working citizen under the Labor Code of the Russian Federation has the right to receive a vacation every year. The beginning of this period is not considered the onset of the calendar new year, that is, the first of January, but the day when the employment contract was concluded and the employee began to perform his immediate duties.

When a person moves to a new place, he can count on annual paid leave only after six months have passed since his official employment.

IMPORTANT

6 months - installed in legislative order the period after which the employer does not have the right to refuse to grant leave to the employee. However, by agreement of the parties, you can take paid days off even before this period of time has passed.

The provision of the vacation period is regulated by the schedule adopted by the employer. This plan approved in advance - two weeks before the new year. It is easy to calculate that already on December 17 it will be known when each of the employees will go on a well-deserved rest.

Note

If an employee goes on annual paid leave according to the schedule left by the employer, then according to the Labor Code of the Russian Federation, he is not required to write an application. However, it is necessary to notify the employee no later than two weeks in advance of the time of his vacation. The employee must sign the relevant notice. It is in any form.

If an employee takes unscheduled leave, he must notify the employer two weeks in advance. For this, an application is written addressed to the head of the organization. Vacation time can be specified in various forms:

• In date format (from what date, and to what date);
• The beginning of the vacation period and the number of days that the employee will be absent from the workplace.

If holidays fall during the holiday period, then its duration may vary, depending on their number.

How is annual leave paid?

The main concept used in calculating the amount of money that is paid to an employee for the time when he is on vacation is the billing period. Usually it is 12 months, provided that the employee has held this position for more than a year. Exactly average income for a given period of time serves as the basis for calculating vacation pay.

AT this case the concept of "calendar month" is used, that is, all days from the first to the last are included.

Accounting is carried out on the following income received by an employee of the company for a specified period of time:

• Prize.
• Basic salary.
• Allowances.
• Other incomes that are prescribed in a specific system for which payments for work are made.

IMPORTANT

When calculating vacation transfers, social payments are not taken into account, as well as periods when the employee did not labor activity such as sick leave or a business trip.

What to do if less than a calendar year has passed since the employee began to perform his duties? In such a situation, only actual hours worked are taken into account. The last day to be counted is the end of the month preceding the holiday period.

The payment of funds due for annual paid leave under the Labor Code of the Russian Federation must be made by the employer 3 days before he goes on vacation. If this day is a holiday, the transfer Money produced earlier. However, labor legislation does not indicate which days to take into account - working or calendar. But in accordance with the instructions of Rostrud, it is necessary to calculate according to the latter.

Attention

If the employer did not make payment on time, then penalties await him. The law takes the side of the employee even if the application for leave was completed less than three days before its occurrence. Although in this case, the company simply cannot make the payment of funds within the specified period.

The nuances of providing

Sometimes the workflow does not allow an employee to fully use his vacation days. Then they "accumulate" and the employee can absolutely legally use them in the future.

However, failure to provide annual paid leave under the Labor Code of the Russian Federation for a period exceeding two years has consequences for the employer. The employee is obliged to receive for this period at least part of the vacation days due to him by law.

Every year, persons under 18 years of age or employees working in harmful conditions production, or dangerous.

Separately, it is necessary to consider cases where some part of the vacation time can be transferred, or the period itself is extended. There are only a few reasons why these actions are taken:

• Employee injury or illness. Those vacation days that are indicated on the sick leave will be paid, like any other period of incapacity for work. But the rest time is extended exactly by the same time.
• During the vacation, the employee performs the duties assigned to him by the state. As an example, consider the work of a juror.

If the employer received a notification from the employee during vacation time, then he has the right not to draw up separate document, in which, taking into account special circumstances, a new date for the employee to go to work will be prescribed.

IMPORTANT

Vacation spent caring for a sick or disabled person cannot be extended or rescheduled.

The provision of annual paid leave under the Labor Code of the Russian Federation, as can be seen from the above, is accompanied by many nuances that must be taken into account in any circumstances. However, labor legislation quite clearly prescribes all the circumstances that accompany this part of the work process. Timely study of the relevant regulatory legal acts will help to avoid unpleasant situations and get the vacation period prescribed by law.

Current legislation guarantees all workers an annual long vacation. In addition to the fact that it is paid by the employer, when it is used, jobs, salaries and other working conditions are saved for employees. The procedure for granting, processing, paying for vacations is regulated by the Labor Code of the Russian Federation.

For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they concern both ordinary workers and certain categories of personnel.

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The obligation to comply with the procedure for granting vacations rests with employers. Therefore, it is important to know and strictly adhere to it. Violations are subject to administrative liability and other penalties.

Norms of the Labor Code

The rights of citizens to rest on new job protected by labor law. Article 122 establishes that the first paid vacation period is due to the employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month. In accordance with Art. 115 total duration of rest - 28 days.

With the approval of the employer, the first leave may be granted even before six months of work.

• citizens under the age of 18;
• employees who are expecting a baby;
• employees who have adopted children under the age of 3 months;
• other personnel with privileges granted federal laws(veterans, spouses of military personnel, part-time workers, etc.).

Attention! Leave is given to the designated categories of employees on the basis of personal applications indicating and official confirmation of the right to early rest. The employer does not have the right to refuse even in case of an urgent production need for them.

Some employers are inclined to believe that after six months of work, vacation should be taken partially. However, this position is misleading.

After working with a new employer for 6 months, the specialist receives the full right to all types of recreation provided for:

• main annual;
• additional;
• elongated, etc.

Russian law allows you to give holidays in advance in the first working year. When an employee is dismissed before the hours worked, for which rest has already been granted, it is allowed to withhold paid vacation pay (Article 137 of the Labor Code of the Russian Federation). The calculation is made according to the rule of article 138 of the Labor Code, which establishes a maximum deduction of earnings in the amount of 20%.

It's important to know! An exceptional case of calculating the duration of the first vacation period is an additional vacation that is provided when working with harmful or hazardous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation).

To determine the order of vacation periods, employers maintain special schedules. Compilation procedure next schedule vacation for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed and approved two weeks before the end of the current calendar year.

What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in such a situation. The vacation schedule is not adjusted retroactively. At the written request of a new employee, he is granted the first leave at the time prescribed by law, if the parties labor relations no other arrangements specified.

Attention! The Labor Code does not prohibit the adjustment of the main vacation schedule during the year. For this, the personnel department prepares an additional schedule, agreed with the employees, the trade union of the organization and approved by the head in the usual manner.

Registration of the vacation period in the first year of employment does not differ from other years.

The order is as follows:

1. Writing an application by an employee.
2. Approval of the application by the head and issuance of the order (form T-6).
3. Calculation of vacation pay with entering information into and.

Vacation pay is calculated based on the average earnings for the previous year. In the case of a new employee who has not worked for 12 months, wages are taken for the actual hours worked from the beginning of his work to the month in which the application was submitted. In the same way it is calculated average earnings and the billing period is determined.

When is the first vacation after getting a job

At a new place of work, leave is due from the first year (part 1 of article 122 of the Labor Code of the Russian Federation). Each subordinate, regardless of the duration of cooperation with the employer, has the right to receive vacation days annually. Therefore, employees have all legal grounds for demanding leave during new organization in their first year of operation.

All employees working under employment contracts have the right to leave. The conditions for the rest of workers working on, are determined by the parties independently. Such agreements include work contracts, provision of paid services and some others.

A vacation is a continuous period of rest for an employee lasting several days with the vacationer retaining a workplace at the enterprise, salary and other working conditions.

By general rule the first leave after getting a job is due after 6 months of employment with a new employer (part 2 of article 122 of the Labor Code of the Russian Federation). The legislation does not speak about the specific moment of its provision. Therefore, you can claim the right to leave immediately after six months of work or later, at a convenient time before the end of the calendar year.

If the annual paid leave was not used, the employer must compensate him financially. Despite the fact that the procedure for providing rest to employees is regulated by law, it will not be superfluous to reflect it in the labor agreement. All employers are required to give employees leave after six months of work. They cannot refuse it.

Is it possible to leave early?

The Labor Code determines that the employer has the right to give leave earlier than the deadline (part 2 of article 122). He makes this decision on his own. There are no legal grounds for the exit of an ordinary employee who has not worked for six months. The exception is the categories of personnel named in Part 3 of Art. 122.

A new employee is entitled to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant (not older than 3 months);
• is a pregnant woman (before the leave associated with this event or immediately after it).

There are other exceptional cases defined by federal law.

Rest order

The frequency of vacation periods at the enterprise is established by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for half a year, vacations are planned for next year or changes are made to the current schedule.

As a general rule, every employee has the full right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period, which is due by law, can be divided into parts, one of which should not be less than 14 days.

Duration

The duration of the first vacation at a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, subject to 6 months of work. Moreover, this period of work must be continuous.

It is important to understand that it is not necessary to go on vacation after six months. Vacationing a new employee for an annual vacation is an employer's right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.

The employee must exercise his right to basic paid leave within a year. It is the responsibility of the employer to control this. By law, if reporting period ends, he must send an employee on vacation who has not yet gone on vacation. Per unused vacations employers are responsible.

The employee, in turn, may refuse to leave and ask for his replacement with monetary compensation. This issue is resolved by agreement of the parties to the employment relationship. The subordinate has the opportunity to use this right only once every two years. It is forbidden to refuse the main vacation for two, three years or more in a row.

As a general rule, the total duration of the annual vacation period is 28 calendar days.

• working under dangerous or difficult conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• underage workers;
• workers on irregular days.

Other cases of granting additional days are also possible, provided for by federal laws or local acts.

The employer gives his consent to the employee's leaving on vacation if he has a replacement for another specialist or he can temporarily do without him. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. more than he actually earned. Previously, such a possibility was out of the question.

Naturally, employers try to avoid such privileges, since the risk that an employee will not return after receiving payment in advance is very high.

To protect the employer, the law provides for the possibility of collecting debts from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage suffered.

Procedure for registration and payment in 2019

The official local document of the organization that regulates the procedure for employees to go on vacation is the vacation schedule. It promotes compliance effective work enterprises and the prevention of missing legal rest. After all, the duty to control the use of vacation days by staff is assigned to employers.

The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation). Therefore, in 2019, the last day of its signing is December 17. At an enterprise that has a trade union body, it is obligatory to take into account its opinion when drawing up a document. If it is necessary to postpone vacation days, the changes must be coordinated with the employees concerned.

Attention! The employer is obliged to give each employee vacation during summer time at least once every four years.

If at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be provided with mandatory rest after employment for the next calendar year.

If the employee has the right to use the first vacation before six months of work and has expressed a desire to use it, it is necessary to include his vacation in the general schedule.

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days needed by the vacationer. Payment is made after notification of the employee and before the first day of vacation. The enterprise issues an order containing information on the number of vacation days provided, their dates. The vacationer must familiarize himself with it against signature.

If it is not possible to familiarize the employee with the order personally, a special notification is sent to him.

The amount of vacation pay is calculated by the accounting department based on the average earnings for the last year of work. The previous three business months may be used in the calculation. Earnings include not only the basic salary, but also all bonus payments, remuneration, allowances.

All vacationer earnings are divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Calculated in the same way financial compensation for unused annual rest in case of refusal of the employee or his dismissal. An application is required to receive compensation.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance. It is prohibited to transfer the payment to the next business day. For violation of these rules, the employer bears administrative responsibility.

How many vacation days are allowed per year?

As a general rule, the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is it 28 calendar days or working days? Annual basic paid leave is considered to be calendar days(Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing vacation into parts

An employee does not have to use all 4 weeks of vacation due to him at a time. Leave may be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be done in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Subject to this condition, the duration of other parts of the vacation may be an arbitrarily small number of days, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekend days falling within the period of vacation are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be granted leave for 7 days and all 7 days must be paid.

Unlike ordinary days off, public holidays are not included in the duration of the vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: the number of days according to the legislation and according to the local act

The specified vacation duration - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additional paid vacation days provided (in addition to 28) must be indicated in collective agreement, local normative act organization (for example, the rules of the internal work schedule) or directly to employment contracts with workers.

It is important that the cost of paying for such additional vacation days cannot be taken into account for income tax purposes (clause 24, article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums(Clause 2, Article 226 of the Tax Code of the Russian Federation, Clause 1 of Article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who is entitled to apply for extended basic leave and how many vacation days should be provided to these persons is indicated in the table.

Category of workers	Number of vacation days under the Labor Code and other legislative acts
Workers under the age of 18	31 calendar days. Leave must be granted at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Teaching staff	42 or 56 calendar days depending on the position held and type educational organization where a teacher works (Article 334 of the Labor Code of the Russian Federation, paragraph 3 of part 5 of Article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466)
Researchers with a degree	— 48 working days for PhDs; — 36 working days for candidates of sciences. These extended holidays are granted to scientific workers holding positions in a scientific institution (organization) financed from the federal budget (Decree of the Government of the Russian Federation of August 12, 1994 No. 949)
Chemical weapons workers	56 or 49 calendar days, depending on the group of work to which the employee's activity is assigned. The assignment of works to the first or second group depends on the degree of their danger (Articles 1, 5 of the Law of November 7, 2000 No. 136-FZ)
Employees of professional emergency rescue services and formations	30, 35 or 40 days, depending on the duration of continuous work experience in professional emergency rescue services and formations (clause 5, article 28 of the Law of August 22, 1995 No. 151-FZ)
Healthcare workers at risk of contracting the human immunodeficiency virus	36 working days for employees of healthcare organizations that diagnose and treat HIV-infected people, as well as people whose work is related to materials containing the human immunodeficiency virus, taking into account the annual additional leave for working in hazardous working conditions (paragraph 4 of the Government Decree RF dated 03.04.1996 No. 391)
Government civil servants	30 calendar days (part 3 of article 46 of the Law of July 27, 2004 No. 79-FZ)
Prosecutors, scientific and teaching staff prosecutor's office	paragraph 1 of Art. 41.4 of the Law of January 17, 1992 No. 2202-1).
Employees of the Investigative Committee who do not serve in areas with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (part 1 of article 25 of the Law of December 28, 2010 No. 403-FZ).

Additional leave

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation at.

How many days is the "northern" leave by law

How many days does a northerner's vacation last? Usually more than non-Northern workers. After all, the "northerners", firstly, are provided with the main annual paid leave - of a standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the regions of the Far North - 24 calendar days;
• in areas equivalent to the regions of the Far North - 16 calendar days;
• in other regions of the North, where district coefficient and a percentage surcharge wages, - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

By the way, both regular annual paid holidays and extended, as well as additional "northern" holidays can be provided to employees in advance (

While the employee is on vacation, he retains his place of work (position), as well as average earnings (Article 114 of the Labor Code of the Russian Federation). Already from this norm of the Labor Code of the Russian Federation it is clear that vacation pay is based on the average earnings of the employee. But in order to figure out how vacation is paid, it is necessary to determine for what period this average earnings is calculated, what payments are taken into account and by what formula the calculation is made.

How is vacation paid under the Labor Code of the Russian Federation

The calculation of vacation in 2019 should traditionally begin with the definition of the billing period. For most employees working in the organization for more than a year, this is 12 calendar months preceding the month the vacation starts (). Those. when calculating vacation pay, you will need to use the employee's income received by him during these 12 months.

In this case, the calendar month is the period from the first to last number months inclusive.

Example. Courier Perelygin S.V. has been working at Kaleidoscope LLC since February 5, 2018. From June 3, 2019, in accordance with the vacation schedule, he must be granted annual paid leave. His average earnings will be determined for the billing period - from June 1, 2018 to May 31, 2019.

Vacation accrual: what amounts are taken into account

The amounts that are taken into account when calculating average earnings are payments provided for by the wage system, accrued in favor of the employee in the billing period. This includes salary, bonuses, allowances, etc. (Article 139 of the Labor Code of the Russian Federation, clause 2 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922). However, the following are not included in the calculation:

• social and other non-labour payments, for example, payment for travel, meals, utilities an employee (clause 3 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922);
• amounts received by an employee for periods when he did not work, but in accordance with the law, he retained average earnings: travel allowances, vacation pay, temporary disability benefits, etc. ().

How vacation is calculated

The billing period may be worked out by the employee in full or not in full. Depending on this, different formulas for calculating the average earnings for vacation are used.

If the period is fully worked out and the vacation is provided to the employee in calendar days, then the average daily earnings are determined as follows (Article 139 of the Labor Code of the Russian Federation, clause 10 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922):

29.3 is the average monthly number of calendar days in a year.

If the billing period is not fully worked out, another formula is used:

In turn, the last indicator - the number of days worked in months not fully worked - is determined taking into account the proportion separately for each such month.

A formula that takes into account incompletely worked months is used if the employee's billing period included exclusion periods: vacations, business trips, periods of temporary disability, etc. (clause 5 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

Having determined the amount of the average daily earnings of an employee, it is possible to calculate the amount of vacation pay (clause 9 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922):

Vacation accrual in 2019: an example

Example 1 Calculation of vacation pay for a fully completed billing period

Manager Safonov A.N. in accordance with the vacation schedule, from May 20, 2019, another paid vacation for 14 calendar days should be provided. The billing period is from May 1, 2018 to April 30, 2019. The amount of payments taken into account when calculating average earnings amounted to 516,000 rubles.

Solution.

The amount of average daily earnings: 1467.58 rubles. (516,000 rubles / 12 months / 29.3)

Vacation pay: RUB 20,546.12 (1467.58 rubles x 14 days)

Example 2 Calculation of vacation pay for an incompletely worked billing period

Let's use the condition of the previous example and assume that Safonov A.N. from 10 to 12 October 2018 he was on a business trip, and from 19 to 26 March 2019 he was on sick leave. The amount of payments taken into account when calculating average earnings amounted to 509,000 rubles.

Solution.

Average monthly number of days worked in October 2018: 26.5 days (29.3 / 31 days x (31 days - 3 days)).

Average monthly number of days worked in March 2019: 21.7 days (29.3 / 31 days x (31 days - 8 days)).

The amount of average daily earnings: 1491.79 rubles. (509,000 rubles / (29.3 x 10 months + 26.5 days + 21.7 days))

Vacation pay: RUB 20,885.06 (1491.79 rubles x 14 days)

How is vacation paid under the Labor Code of the Russian Federation 2019 with an "experience" of less than a year

If an employee works in an organization for less than 12 months, then the billing period for him is the period from the date of his employment to the last calendar day of the month preceding the month of the start of the vacation (clause 4 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922) .

Example. Secretary Biryukova N.A. has been working at Kaleidoscope LLC since February 4, 2019. She wrote an application for vacation from May 13, 2019 for 7 calendar days. The billing period in this case is the period from February 4, 2019 to April 30, 2019.

How many days before a vacation do you get vacation pay?

The deadline when the employer must pay the employee vacation pay is no later than 3 days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not directly indicate which days are in question - calendar or working. But according to the explanations of Rostrud, this period must be counted in calendar days (Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

Example. The first day of vacation at the leading engineer Mikhailov A.S. falls on Monday May 27, 2019. Accordingly, vacation pay must be paid to him no later than May 23 (Thursday).

In the event that the holiday pay day falls on a weekend or non-working holiday, the money must be transferred on the preceding business day. And if Mikhailov A.S. decided to go on vacation, for example, from May 22, 2019, he would have to pay vacation pay no later than May 17, 2019 (Friday).

Failure to comply with the deadline set for vacation pay is fraught with a fine for the employer (part 6 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). Moreover, according to the Ministry of Labor, the company can be fined even if the employee applied for a vacation later than 3 days before its expected start (Letter of the Ministry of Labor dated 08.26.2015 No. 14-2 / ​​B-644). Although under such circumstances, the employer, in principle, cannot comply with the requirement of the Labor Code of the Russian Federation to pay vacation pay 3 days before the start of the vacation.

Vacation pay under the Labor Code: how to take into account bonuses

Bonuses are paid to employees for various reasons and at different intervals. For the purposes of calculating vacation pay, they are taken into account in different ways.

Monthly bonuses that were accrued in favor of the employee in the billing period are included in the calculation one for each bonus indicator. Premiums for periods of longer duration, but within the calculation period, for example, quarterly, are included in the calculation in a similar way - one for each indicator.

Annual bonuses, as well as lump-sum remuneration for length of service (work experience), accrued based on the results of the year preceding the year in which the employee goes on vacation, must be taken into account in the calculation of vacation pay in full (). Moreover, it does not matter whether these payments were accrued during the billing period or after it, as well as before or after the vacation. By the way, in the latter case, vacation pay will have to be recalculated.

Example. Accounting for several bonuses of different "types" when calculating vacation pay.

Sales Manager Grekov I.L. leave will be granted from May 27, 2019. He has been working at Four Seasons LLC since November 6, 2013. The billing period - from May 1, 2018 to April 30, 2019 - has been fully worked out by him. In April 2019 Grekov I.L. a premium was accrued based on the results of the first quarter of 2019, as well as annual bonus for 2018. And before that, in March, he received 2 monthly bonuses for sales of seasonal products.

Therefore, when calculating vacation pay, the annual bonus must be taken into account, quarterly premium and one monthly premium for sales volume.

Example. Accounting for the annual bonus paid to the employee after the billing period.

Sales Manager Stebakov N.N. Leave has been granted since April 15, 2019. The billing period - from April 1, 2018 to March 31, 2019 - has been fully worked out by him. The bonus for 2018 was awarded to him on April 8, 2019. Despite the fact that the annual bonus does not fall into the billing period, when calculating vacation pay, its amount must be taken into account in full.

And if the bonus for 2018 had been accrued after the employee had already returned from vacation, then the amounts taken into account when calculating the average earnings would have to be increased by the amount of the bonus, re-determine the amount of vacation pay and pay the employee the difference.

Vacation pay, taking into account bonuses for not fully worked out billing period

And how is vacation calculated, taking into account bonuses, if the billing period was not fully worked out by the employee, or if he had excluded periods? There are 2 options here. If this bonus was accrued taking into account the time actually worked by the employee, then it is included in the calculation of vacation pay in full. Otherwise, the calculation should take into account only the part of the bonus calculated in proportion to the time worked by the employee (clause 15 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, Letter of the Ministry of Labor of October 15, 2015 No. 14-1 / B-847). At the same time, the proportion is calculated on working days (Letter of the Ministry of Health and Social Development of the Russian Federation of June 26, 2008 No. 2337-17):

Amount of bonus taken into account when calculating vacation pay = (Amount of bonus accrued in the billing period / Number of working days in the billing period) * Number of working days actually worked by the employee in the billing period

The current legislation contains a number of social guarantees for hired professionals, one of which is regular paid leave. During the given time, a citizen can recuperate, go on a tourist trip, solve accumulated cases. The rule on how many days of vacation under the Labor Code 2018 is the same for all employers, regardless of the characteristics of the business or form of ownership. In Art. 112 states that its minimum duration is 28 days.

In Art. 115 of the Labor Code of the Russian Federation states that the minimum duration of an annual vacation for hired specialists is 28 days. For the period of absence from the workplace, the citizen retains the position, the average salary.

In Art. 116 of the Labor Code of the Russian Federation lists categories of employees for whom the number of paid vacation days must be more than "standard". These include:

• Specialists employed in conditions with harmful and dangerous factors - the minimum duration of additional admission is 7 days. The number of days above the specified threshold, by agreement with the employer, can be replaced by a cash payment.
• Persons arranged for an irregular schedule - the length of the "increase" to rest is determined normative documents Government of the Russian Federation, municipality, regional authorities. The minimum number of additional vacation days is three.
• citizens whose workplace is at a disadvantage natural conditions, - a list of their additional benefits is given in federal law.

The list of persons entitled to additional rest may be expanded by the norms of federal legislation, local acts of the employing company.

How many vacation days are required per year: determine the length of service

The Labor Code of the Russian Federation indicates the minimum duration of vacation in terms of the year worked. According to the provisions of Art. 121, the length of service giving the right to rest includes the following periods:

• Time intervals when the specialist actually performed the assigned functionality.
• Periods when the employee was absent from work, but he retained a position in the company based on applicable law or internal regulations businesses (vacation time, national holidays and weekends, etc.).
• Time off: their inclusion in the length of service depends on how long the vacation lasts without saving. Time intervals within 2 weeks are added to the length of service, balances over the designated limit are not taken into account.
• Periods when a specialist was waiting for a medical examination, which he did not manage to pass in a timely manner due to the fault of the employer.
• The time when an employee was forced to be idle, for example, while waiting for a court decision on the issue of reinstatement after an illegal dismissal.

The following periods are excluded from the length of service for calculating the number of vacation days under the Labor Code:

• time intervals when a specialist was not at work without good reasons(truancy);
• periods when the employee was idle due to his own fault;
• days when the specialist was on "children's" leave (according to BiR, to care for a newborn).

When calculating the length of service, which gives the right to additional allowance "for harmfulness", only the days actually worked in unfavorable working conditions are summed up.

Vacation: 28 calendar days or working days

An exhaustive answer to the question of what is recognized as a "unit of measurement" of the length of paid rest is given in Art. 120 of the Labor Code of the Russian Federation. It says that vacation is counted in calendar days, it does not include national holidays.

The current legislation allows the calculation of the duration of rest in working days only in two situations:

• the specialist works under a fixed-term contract concluded for a period of up to 2 months;
• a citizen is employed by a company to perform seasonal work.

The maximum number of vacation days under the law is not indicated. This means that the employee has the right to take a paid vacation for a month or two at once, if his accumulated experience allows it, and the management of the employing company does not mind.

When can I get "earned" vacation

The current legislation stipulates how many vacation days are due to hired specialists and at what point a citizen has the opportunity to receive them. According to Art. 122 of the Labor Code of the Russian Federation, such a right arises after six months of continuous cooperation with the organization.

The law does not prohibit an employee from taking paid rest before the expiration of 6 months from the date of employment, if the employer's administration does not object to such an initiative. Additionally, Art. 122 mentions categories of persons who can receive leave at a convenient time, regardless of the will of the management. These include:

• pregnant workers;
• minors;
• adoptive parents of children under the age of three.

This list may be expanded by federal laws and internal acts of the employing company.

The Labor Code of the Russian Federation indicates how many vacation days, according to the law of 2018, are due to hired specialists, it is indicated that they have the right to distribute this period into convenient time intervals, but one part must be at least 2 weeks.

In order to determine in advance the periods of rest for hired specialists, firms draw up a vacation schedule on the eve of the new year. They collect information about the wishes of employees, compare it with real opportunities commercial structure, after which time intervals are determined.

When drawing up the schedule, it is taken into account how many vacation days each of the employees of the organization has. If over the past years, specialists have unused periods, they can be taken off in the current year. The schedule is approved by the management and is binding on both management and staff (Article 123 of the Labor Code of the Russian Federation).

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