In what order should annual paid leave be provided and paid to employees? Which employees have the right to choose their vacation time? What to do if the employer does not provide

Right to vacation

Any employees who legally work on the territory of the Russian Federation have the right to annual rest (and this applies to both citizens of the Russian Federation and foreigners).
This applies to those who cooperate with organizations, institutions, enterprises, the form of ownership of which, however, does not play a role, as does the industry and type of professional activity. This also applies to those who work under a contract for an individual. How exactly is the right of employees to vacation guaranteed?

• Prohibiting the possibility of replacing annual holidays with certain monetary compensation. Exceptions are cases specified in current legislation.
• Guaranteeing that each employee is provided with a period of rest, the duration of which is influenced by a number of factors. At the same time, his place of work and salary level will be maintained.

Basic conditions for granting leave to an employee

• Leave must be granted annually.
• In the first year of work - after at least 6 months (by agreement with the employer, earlier is possible)
• In subsequent calendar years - in any period corresponding to the vacation schedule

Exceptions to the first six months rule are:

• women before and after maternity leave (as well as their husbands!),
• minors.
• who have adopted a child under 3 months.
• raising disabled children.

Before sending an employee on vacation, the accountant determines the duration of the payroll period, calculates the average daily income, and pays vacation pay to the employee.

But in practice, this simple algorithm has a number of pitfalls.

When an employee on vacation falls ill, he is forced to extend it for the period of illness. In such a situation, sick time should be excluded from the calculation period. That is, initially, when calculating vacation pay, the billing period is calculated based on the employee’s time working in the organization. And then sick days are excluded from this period.

From November 1, 2021 to October 16, 2021, while days from October 17 to October 31, 2021 should be excluded from the calculation period.

Sometimes fired employees return. But this does not mean that the calculation period can include the time that he worked before dismissal. Only those months that the employee worked after getting a new job will be taken into account. This follows from the fact that the employment contract with the employee upon dismissal is terminated and he is paid a settlement, which also contains compensation for unused vacation. This means that that time cannot be included in the calculation.

This point is also important in order to figure out how to count vacation days.

It is necessary to take into account that additional leave can be provided either together with the main one or separately from it during one working year. However, their total duration cannot exceed 59 calendar days.

In order to obtain the right to vacation at a new place of work, you must work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. Which groups of workers does this apply to?

• Disabled people.
• Minors.
• Those who work part-time.
• Women before or after maternity leave.
• Student employees for the duration of the session.
• Women who have at least two children under the age of fifteen or a disabled child.
• Employees who were issued a voucher for treatment at a sanatorium.
• Men whose wives are currently on maternity leave.
• Parents who are teachers in family-type orphanages.

As a rule, it is the management of the enterprise that participates in determining the order in which employees go on vacation. The process takes into account the personal requests of employees, production needs and existing opportunities for employee recreation. It is important to remember that schedules must be drawn up no later than January 5th of the year in question. This document can be drawn up in any form, since there is no single template established by law.

The schedule will need to fix the specific scope of the vacation (certain dates, start month and end month).

If both parties to the contract are satisfied with this situation, then the vacation can be planned in parts.

The specific period for the provision of annual leave within the limits established by the schedule is agreed upon between the employee and the employer, who is obliged to notify the employee in writing of the start date of the leave no later than two weeks before the date established by the schedule.

Only the employer can provide leave or not. This means that if the employee himself does not want to go on vacation, the boss can issue an order to grant vacation without his desire. The employee will have to obey, because failure to comply with management orders entails disciplinary liability.

However, there are some categories of employees who are given the right to go on vacation at a time convenient for these employees. These include, in particular:

• minors;
• women before or after maternity leave;
• disabled people;
• wives of military personnel;
• parents who are teachers in family-type orphanages;
• labor veterans;
• war veterans;
• women who are mothers of two or more children under 15 years of age;
• employees who have special labor services to the state;
• women raising a disabled child;
• employees who have special services to the state;
• a parent who raises children alone;
• in all other cases provided for by current legislation.

What to do if you need to exclude all time from the billing period

What to do when calculating the amount of vacation pay. Provided that the billing period consists of time that must be excluded from it. In this case, the calculation takes the period preceding the calculation period. See paragraph 6 of the regulation approved by Decree of the Government of the Russian Federation on December 24, 2007 No. 922. The period is taken as a time period of 12 months, which was before the excluded periods. See. clarifications given in the letter of the Ministry of Labor dated November 25, 2015 No. 14-1/B-972 Example: Let’s determine the calculation period for calculating vacation pay under the following conditions:

• The calculation period is a time period that must be excluded.
• Semenova A.O. Since April 3, 2013, he has been working at Zemlyanika LLC as a technical director. The employee will go on annual paid leave from April 12, 2021.
• From July 20, 2015 to December 22, 2015, Semenova was on sick leave for pregnancy and childbirth.
• From December 23, 2015 to April 11, 2021, the employee was on maternity leave for up to one and a half years.
• The billing period from April 1, 2021 to March 31, 2021 is excluded.

When calculating vacation pay, we take for the billing period the time from July 1, 2014 to May 31, 2015. Example: Let's determine the calculation period for accrual of vacation pay, under the following conditions:

1. The employee did not work during the billing period.
2. Ivanova L.M. has been working at KOR LLC since June 28, 2021 as a designer. From August 19, the employee writes a leave application for 14 days.
3. Ivanova took unpaid leave from July 16 to August 4, 2021, and went on a business trip from June 28 to July 15, 2021.
4. The calculation period for calculating vacation pay is from June 28 to July 31, 2017.

Since during this period Ivanova took vacation and went on a business trip, the accountant excludes this time from the calculation. The billing period cannot include the time period during which the employee did not work. This means that the accountant includes in the period only the days worked in the month the vacation began. The period for calculation is from August 5 to August 18, 2021. In practice, there are cases when an employer provides vacation to an employee in advance. An employee has the right, by mutual consent, to go on vacation in the month in which he was hired. The billing period in this case will be equal to the number of days worked by the employee before the start of the vacation.

How to calculate vacation days

In order to calculate the days of vacation you are entitled to, it is not at all necessary to contact the HR department. You can totally do this yourself. To do this you need:

• find out the exact day you started working (you can look at a copy of the employment contract or ask the HR department);
• decide on the day to go on vacation;
• count the number of months from the date of hiring to the date of the planned vacation.

For each full month of work you are credited with 2.33 days of annual leave. Thus, after working for 9 months (from February to September), you are entitled to 21 days of rest (2.33 days * 9 months).

If you have a disability group or work in the field of education, then you have the right to receive additional leave. Also, “extended” leave is granted to civil servants, employees of the Ministry of Emergency Situations, employees of the prosecutor’s office, etc.

In such cases, the vacation period for each category of citizens is determined by the relevant laws, in particular, the provisions of the Labor Code of the Russian Federation. For example, employees with disabilities have the right to rest for at least 30 days during the year. This means that for each month of work, such citizens are “credited” with 2.33 days and 2.5 days of vacation.

Let's look at an example. Shuvalov S.L. – storekeeper of LLC “Farmer”, disabled group III. Shuvalov got a job at Farmer in December 2021. In July, Shuvalov took leave for 14 calendar days (07/16/18 – 07/29/18).

If weekends fall within the period of your vacation, they are included in your vacation in the general manner and reduce the amount of annual vacation “accumulated” by you during the year.

If holidays fall during your vacation, your vacation is increased by the holidays, but the total period of accrued vacation does not decrease due to the holidays.

Let's look at an example. Gavrilenko E.D., driver of Trans Service LLC, went on vacation 2 times in 2021:

• for 3 days (from 05/07/18 to 05/09/18);
• for 14 days (from 06/11/18 to 06/24/18);
• for 5 days (from 07/16/18 to 07/20/18).

Since 05/09/18 is a public holiday, Gavrilenko’s May vacation was extended by 1 day (Gavrilenko went to work on 05/11/18).

For 2021, Gavrilenko was accrued 28 days of vacation, of which he used (3 14 5). This means that Gavrilenko can rest for another 6 days before the end of the year.

By independently calculating your vacation days, you can also easily calculate the vacation pay that your employer must pay you during your vacation. To calculate you will need:

1. The number of days of your vacation. To calculate, take the vacation application and count the total number of calendar days indicated in it.
2. Billing period. To calculate vacation pay, you will need to determine the calculation period - 12 calendar days before the vacation. If you plan to go on vacation in September 2021, then the billing period for you will be 09/01/17 – 08/31/18.
3. Annual income. Sum up the salary you received during the pay period. If you were paid bonuses, allowances, or bonuses for the previous year, then they also need to be included in the calculation.

SumOtp = AverageDaySalary * CalDnOtp,

where SumOtp is the amount that the accounting department will accrue to you in the form of vacation pay; AverageDaySalary is the average daily earnings; KolDnOtp is the number of vacation days upon application (count both working and calendar days).

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Many people have difficulty calculating average earnings. But, I hasten to dispel your fears and doubts - everything here is extremely simple. If you have calculated your total income for the year, then calculating your average daily earnings will not be difficult for you.

Average daily earnings = Annual income / 12 / 29.3.

Let's look at an example. Shchekunov D.L., an employee of Velikan LLC, wrote an application for leave for a period of 12 days (08/13/18 – 08/24/18).

RUR 236,453 / 12 / 29.3 = 672.51 rub.

RUR 672.51 * 12 days = 8,070.07 rub.

It happens that an employee does not use the provided rest. There can be many reasons for this. For example, how to calculate vacation upon dismissal? Many people are very concerned about this issue, since employers often strive to neglect the rights of the employee in this regard. It is important to know that, if the employee so desires, he can be granted leave that he did not have time to use.

How to calculate compensation for unused vacation? This depends on the employee's rate, as well as the total amount of money that would have been paid if the rest time had been used in the previously intended manner.

But what if the employee did not have time to take advantage of the vacation, and the employment contract has already expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its effect is artificially extended for the entire duration of the vacation.

If an employer refuses to provide its employees with the rest required by law, this is a direct violation of the rights of company employees guaranteed by the state. There is a certain responsibility for this.

There is no statute of limitations that invalidates unused vacation time. If an employee has not had the opportunity to use his right to vacation for several years, then, if he wishes, he can do this once for all the unused time. And in the event that such an employee decides to quit, the company’s management must pay appropriate compensation.

Vacation: number of days according to law and local regulations

Weekends falling within the vacation period 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, 2021. June 22 and 23 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

Unlike regular weekends, holidays and non-working days are not included in the duration of 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. writes an application for June 6-13 - 8 calendar days, only 7 calendar days will be counted and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

The specified duration of vacation - 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 additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

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

At the same time, certain categories of employees are required by law to be granted longer vacations. Read below about how many days of vacation they are entitled to per year.

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

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

• in the Far North - 24 calendar days;
• in areas equated to the regions of the Far North - 16 calendar days;
• in other regions of the North, where the regional coefficient and percentage increase in wages are established - 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 vacations and extended, as well as additional “northern” vacations can be provided to employees in advance (Article 122 of the Labor Code of the Russian Federation).

The calculation also takes a period of a full 12 months.

Situations also arise when an employee, before or after the weekend, took a vacation at his own expense or was sick. But even in this case, there is no need to exclude weekends from the calculation.

The vacation days calculator will easily allow you to find out how many days of vacation the employee has accumulated at one time or another.

The calculation of vacation time is made in accordance with Art. 121 of the Labor Code of the Russian Federation.

The time spent working for one employer, which gives the right to take annual leave, which will be paid, may be needed not only to directly calculate this period, but also to know how many days are subject to compensation upon dismissal.

An employee who works continuously for the same employer will be entitled to annual leave, taking into account the following periods:

• the time when he actually performed his duties;
• periods when the employee was absent from work, but his place was retained (vacation, sick leave, maternity leave, military service, etc.);
• weekends and other non-working days;
• forced absence from work due to illegal dismissal;
• suspension due to untimely completion of a medical examination (if this is not the employee’s fault);
• additional administrative leaves (no more than two weeks per calendar year).

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IMPORTANT! Changes were made to the legislation regarding the accrual of length of service during administrative leave:

• from 12/30/2001 to 10/05. 2006, no more than 7 days of vacation at your own expense per year were taken into account;
• from 10/06/2006 this limit increased to 14 days.

Some periods of time will not be taken into account when calculating the length of service required for leave, namely:

• employee absenteeism;
• suspension due to alcohol, drug or toxic intoxication;
• denial of permission to work due to ignorance or failure to pass safety regulations;
• the employee did not undergo a mandatory medical examination due to his own fault;
• inability to perform work according to a medical report;
• termination of a license required for work (for example, a driver’s license, a weapons permit, etc.);
• leave to care for a child over 1.5 years old.

The basis is the duration of annual leave of 28 days, unless otherwise established for special categories of employees.

In the first year of work, the minimum length of service to be able to go on vacation must be at least six months. This is not included in the calculator, just keep it in mind.

In case of dismissal, employees who have worked for at least 11 months will be able to receive 100% compensation for unused vacation days.

If an employee went on vacation before 11 months of continuous work and was then dismissed, then part of the vacation pay received in advance upon dismissal will have to be returned to him.

It is prohibited not to take annual leave for more than 2 years in a row.

It is allowed to break the vacation into parts, but one of the parts should not be shorter than 2 weeks.

An employee is required to rest 28 days per year.

You can roughly calculate it like this: for every month you work, you get the right to rest for 2.33 days.

A month is taken into account if more than 15 days are worked in it.

If the first and last month of work are not whole, the days for these months are added up (i.e., in 2 months you need to work more than 30 days).

The vacation law states that vacation pay must be paid 3 days before the start of the vacation. Since it is not indicated that the days are working days, they should be considered calendar (Article 14 of the Labor Code of the Russian Federation).

If the third day falls on a weekend or holiday, vacation pay is paid on the previous working day.

Right to vacation in the first year of work

An employee receives the right to vacation in the first year of work after working in this company for six months.

After six months of continuous work in the first year of work in the company, the employee has the right to full leave (main and additional, extended main leave), and not part of it in proportion to the time worked.

The provision of additional leave for irregular working hours in proportion to the time worked is also not provided for by law (letter of Rostrud dated May 24, 2012 No. PG/3841-6-1).

The only exception is additional leave for harmful and (or) dangerous working conditions. It is granted in proportion to the time worked, not only after six months in the first year of work, but also in all subsequent years of work. The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).

Let's summarize everything said in the table:

This length of service, which gives the right to annual additional paid leave for work in harmful and dangerous conditions, includes:

• actual work time;
• the time when a person did not actually work, but he retained his place of work (including sick time, paid leave, weekends and holidays, time off, etc.);
• time of forced absence if the employee was fired or suspended from work illegally;
• the period for which a person was suspended from work due to the fact that he failed to undergo a mandatory medical examination due to the fault of the employer.

This work experience does not include:

• time of absenteeism and legal suspension from work;
• time of maternity leave;
• vacation time at your own expense, if their total duration is more than 14 calendar days.

EXAMPLE.
WHEN THE RIGHT TO LEAVE ARISES Petrov got a job at Passiv LLC on January 20, 2021. He has the right to receive his first leave in six months, that is, on June 20, 2021. Petrov’s next vacation is due after he has worked for the company for one year, namely, after January 19, 2019.

Example of defining a billing period

How to count vacation, i.e. determine its duration? Firstly, it is calculated in calendar days. In this case, the work schedule of the organization itself is not taken into account.

And if the vacation falls on a holiday, how to calculate it? Such non-working days are not taken into account in the total duration of vacation - both annual and additional. However, this does not apply to weekends. For example, many people have a question about how to count vacation days in May. After all, this month is characterized by instability of the work schedule.

So, if your vacation begins, for example, on April 30 and lasts 24 days, then you need to add as many days to the duration of vacation in calendar days as the number of holidays your company allocated to its employees as days off. Thus, you will need to go to work on May 24, and 27. The calculations are extremely simple. Now you understand well how to calculate vacation in May.

Remember that this calculation mechanism is universal. You can use it in any month if your vacation falls on a holiday. How to count, we figured out above. If you have any doubts, you can check with your HR department.

Accountant Petrova O.P. has been working at LLC Continent for four years. She wrote an application for the paid leave she was entitled to from November 6, 2021.

November 1, 2021 – October 31, 2021.

Let's determine the days excluded from Petrova's billing period:

1. The vacation period at your own expense is December 12 – December 25, 2016;
2. Business trip period – April 1 – April 16, 2021;

Excluded time from the billing period

• days on a business trip, paid and unpaid leave;
• sick leave for temporary disability and pregnancy and childbirth;
• additional days off for caring for disabled children and children with disabilities;
• days of idle work of an employee (for reasons depending on the organization and beyond) and release with full or partial pay.

See paragraph 5 of the regulation approved by the Decree of the Government of the Russian Federation dated December 24, 2007. No. 922 Example: Let’s determine the billing period for vacation pay, under the following conditions:

1. Sergeev M.N. For several years he has been working as a marketer at Cosmos LLC. The employee, according to the vacation schedule, will go on annual leave from July 15, 2021.
2. In 2021, the employee went on unpaid leave from November 10 to November 21.
3. From November 22 to November 30, 2021, Sergeev went on a business trip to Moscow.
4. During the period of business trip and illness, payments to the employee were made based on the average salary. The accountant excludes days on vacation and business trips from the calculation period (from July 1, 2021 to June 30, 2021).

Therefore, the calculation period will be the time period from July 1, 2021 to November 9, 2021 and from December 1, 2021 to June 30, 2017. The time when the employee was under arrest is not excluded from the calculation period. In this case, the employee is not released from work, so this period is not excluded from the calculation period. An exception will be a separate decision of the organization's management. See clause 5 of the regulation of the Government of the Russian Federation of December 24, 2007 No. 922 Weekends and holidays are not excluded from the billing period. Provided that on these days the employee was not sick and was not on vacation. Even if before and after holidays and weekends the employee was sick or on a business trip, these days are included in the billing period for calculating vacation pay. (See Letter of the Ministry of Labor of Russia dated October 15, 2015 No. 14-1/B-847). Example: Let's determine the billing period for calculating vacation pay, under the following conditions:

• Lukina O.V. Works for two years at Raduga LLC as financial director. From June 28, 2021, the employee was granted annual paid leave of 14 days.
• The employee was sick before and after the May holidays. Lukina provided two sick leave certificates indicating temporary incapacity for work.
• Sick leave from May 2 to May 5, 2017;
• Sick leave from May 10 to May 25, 2021.
• The period from June 1, 2021 to May 31, 2021 is the estimated period for calculating vacation pay.

We exclude from this period the time periods during which the employee was sick. But holidays (from May 6 to May 9, 2021) are included in the billing period. When calculating vacation pay, the accountant included in the billing period:

• from June 1, 2021 to May 1, 2021;
• from May 6 to May 9, 2021;
• from May 26 to May 31, 2021.

Extended leave under the Labor Code 2021: how many days

The billing period includes the 12 months preceding the upcoming month of going on official leave.

If the period for calculation is less than 12 months, then the calculation is calculated based on the time actually worked at the enterprise.

If the start of the vacation coincides with the month of employment, then the actual time worked is also taken into account.

If an employee at the place of work did not receive a salary during the 12-month billing period for official reasons, only the last months for which the salary was received are still taken as the billing period.

That is, if you were on vacation last year, this time cannot be taken into account in the billing period.

If the salary is “gray” and is given in an envelope, you are unlikely to be able to demand a correct calculation.

What is NOT included in the average daily income

• Compensations and social payments: travel, financial assistance, benefits for families with many children, money received from educational institutions.
• Bonuses that are not officially included in the remuneration system.
• Interest received from deposits or dividends from shares, loans.

Anything that is not specified in the employment contract in the Payment section is unlikely to be considered it.

1.In the case of a fully worked out billing period

This is when you have never taken sick leave, worked every day and exactly a year has passed since your previous vacation.

Average Daily Earning = Salary for the Year / (12 months * 29.3)

Salary for the Year – salary received for the full pay period

12 months – number of months in the billing period

29.3 is the average number of days in one month.

The average monthly number of calendar days is 29.3 from 2021

2. If the billing period is not fully worked out

Average Daily Earning = Salary for the Year / (KPM*29.3 ∑KNM)

KPM – the total number of months worked by the employee.

∑КНМ – the total number of calendar days in months not fully worked.

KNM = 29.3/KD * OD

CD - the total number of days in a month (for example, in January 31, and in February 28)

OD – the total number of days that were worked.

These examples will help you understand in practice how calculations occur in various situations.

1. OD=30-9=21 days
2. KNM=29.3/30*21=20.51 days
3. Average Daily Earning = 300,000/(11*29.3 20.51) = 875.12 rubles
4. Vacation pay amount=28*875.12=24,503 rubles

We calculate the average daily earnings: 264,000 / (29.3x12) = 750.85 rubles. This amount will be credited to her in two weeks: 750.85 x 14 = 10,511.9 rubles. Galina will receive in her hands: 10511.9 - (10511, 9*0.13) = 9,145.35 rub.

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The most important change in the calculation is that from January 1, 2021, the minimum wage became 11,280 rubles.

What does it mean?

If you go on vacation in May and your salary is less than 11,280 rubles, vacation pay will be calculated based on this figure.

Let’s assume that during the working year that began on June 3, 2013, the employee was granted unpaid leave of 25 calendar days. In this case, the end of the working year is postponed by a number of days exceeding 14, that is, by 11 calendar days; accordingly, the end day of this working year will not be 06/02/2014, but 06/13/2014.

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The length of the calculation period for vacation depends primarily on how long the employee has worked for the organization. But in any case, this period cannot be more than 1 year.

For example, an employee started working for the organization more than a year ago. The billing period will then be equal to 12 months before he goes on vacation. The month is taken into account as a calendar month, complete, from the 1st to the last day.

And the period is included in the calculation as follows: from the first working day to the last day of the month that precedes the start of the vacation.

The organization also has the right to independently set the billing period. This needs to be written down in a local document of the organization, for example, in a collective agreement. For example, an employer can set a pay period of 6 months rather than 12 months. This is not prohibited by the Labor Code, but if the following condition is met: Vacation pay calculated on the basis of such a calculation period should not be less than calculated according to the general rules.

The following days should be excluded from the calculation period when:

• The employee was paid the average salary. By such days I mean periods of paid vacation, business trips (with the exception of the period of feeding a child);
• The employee was on sick leave or maternity leave;
• The employee took leave at his own expense (without pay);
• The employee took additional paid time off to care for people with disabilities;
• The employee, for reasons beyond the control of the employer or the employee himself, did not work. For example, days of power outages;
• The employee was released from work.

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If the company has undergone a reorganization, then the billing period should include the employee’s working time before the reorganization and the time after. This is due to the fact that the employment contract with the employee is not terminated during the reorganization. This means that his work was not interrupted; he worked and continues to work in the same organization.

Let's start with the fact that during the year you have the right to take at least 28 days of vacation. This right is guaranteed by Article 115 of the Labor Code of the Russian Federation and the employer is obliged to fulfill it.

28 days of vacation can be taken as a whole, that is, you can take 28 calendar days off continuously, or divided into parts. The vacation can be divided into parts at your request, but one of the parts should not be less than 14 calendar days.

In other words, out of 28 days, you must take 14 days of unbroken vacation, and you can divide the remaining 14 days at your discretion (for example, take 2 days as needed). This procedure for registering leave is provided for in Art. 125 Labor Code of the Russian Federation.

When and who is entitled to leave?

The right to paid vacation days arises for an employee after six months of work, but this will not mean that it will be calculated in proportion to the time actually worked. Both a long-term employee and an employee with short work experience at the enterprise are still provided with 28 calendar days.

If an employee decides to quit, but his work experience is less than six months, then he will receive compensation when calculating wages. And if paid vacation days were provided for the allotted period not yet fully worked, then upon dismissal, the accountant deducts the amount of payment from the employee’s total earnings.

The management of the enterprise is simply obliged to provide paid days of rest, even without complying with the norms established for this period, if the application is submitted by:

• Pregnant woman: before or after childbirth.
• An employee whose spouse is already or is about to give birth in the coming days.
• Minor employee: he is granted leave at the time specified by himself, and not according to the general vacation schedule.
• Adoptive parents or guardians of young children, if the child is under 3 months of care.
• Part-time workers are granted leave as part of their main days of rest.
• Wife of a military man: for joint recreation.
• Those who received radiation exposure should take rest days indicated by themselves.
• Disabled people and participants in military operations.

For subsequent years worked, the employee is provided with paid rest days according to the schedule established by the trade union organization or the personnel department.

But the employee has the right to receive days of rest in advance, that is, before working 11 mandatory months. For example, he formalized the employment relationship in April, but may ask to be provided with paid rest days in August. But in some cases, by agreement with the management of the enterprise, days can be divided into equal periods and provided in different months of the year.

Please note that the terms of employment must comply with Federal Legislation, and the right to paid days of rest may be granted even if the full 11 months have not been worked.

Leave order

Any types of leave must be officially formalized using a special order, which is drawn up in a special form established by law.

This document is provided to the superiors in two separate copies. One of them is provided to the HR department, and the other is given to the accounting department. It must be signed by both the immediate supervisor of a specific employee and the manager of the entire enterprise as a whole.

The order must indicate for which working year the vacation is taken and how long it is planned.

Calculation of length of service

How to calculate vacation is also influenced by how much work experience the employee has. So, it is important that at least a year has passed since the employment contract was concluded.

So, what is included in the experience?

• Firstly, the time an employee performs his direct production duties (that is, actual work). It is taken into account even in part-time conditions.
• Secondly, the period when the employee did not actually work, but the position was retained in accordance with the basic requirements of the law.
• How to calculate maternity leave? Is it included in the experience? No. This period is an exception.
• The time when the employee studied at a university while away from work.
• Some other situations that were provided for by law.
• Time spent working in hazardous or unhealthy conditions.
• Time off for work in special, difficult or dangerous conditions.
• Working hours of pregnant women who, for medical reasons, were transferred to easier work.

Transfer of vacation

An employee’s annual vacation can be postponed to another period either at the request of the employee or due to production needs.

So, the employee directly can demand this in the following cases:

• if the employer notified the employee too late about when he would be granted leave;
• if the manager did not pay the employee on time the monetary remuneration that he should receive for the period of his vacation (at least three days before its start);
• if the employee becomes incapacitated;
• if the time has come for vacation due to pregnancy or childbirth;
• if the employee performs certain important public or government duties;
• if leave for educational activities and annual leave coincide in time.

Early leave

At the request of the employee, you are obliged to provide him with paid leave even earlier than six months. In particular, the following have the right to paid leave until the end of six months of continuous work (Article 122 of the Labor Code of the Russian Federation):

• women - before maternity leave or immediately after it;
• employees who have not yet turned 18 years of age;
• employees who adopted a child under three months of age.

An employee can receive early leave in other cases provided for by law.

For example, Article 123 of the Labor Code contains the following provision: at the request of the husband, he can be provided with annual paid leave for the period his wife is on maternity leave. It does not matter how long this person has worked for the company.

In addition, the issue of the possibility of providing vacation in advance can be regulated in a collective agreement or other local regulatory act of the company.

Determining the duration of vacations

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can 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 carried out 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). If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

Such a procedure must be carried out subject to the employee’s desire. However, one of its entire parts must last at least two weeks (counting calendar days). It doesn't have to be first. However, dividing vacation into parts is only an option and not an obligation of the employer.

How to count vacation days if an employee is called to work during this period? Such situations are not uncommon, we will talk about them further.

Working period for additional vacation from the date of transfer

I asked a question via ITS, here is the answer

“Paid leave must be provided to the employee annually, that is, for each working year (Part 1 of Article 122 of the Labor Code of the Russian Federation). The working year is 12 full months and is calculated not from January 1, as a calendar year, but from the day the employee is hired to work in a specific organization (clause 1 of the letter of Rostrud dated December 8, 2008 No. 2742-6-1, letter of Rostrud dated June 14, 2012 No. 853-6-1). Consequently, the working year begins to be calculated from the day the employee is hired by the employer (organization). Moreover, if the position to which the employee was transferred provides for annual additional paid leave, for example, for irregular working hours, then its duration must be determined in proportion to the period worked in the new position. The total duration of annual leave will consist of the duration of the annual main and additional leave. The conclusions drawn follow from the totality of the provisions of Art. 116, 120 of the Labor Code of the Russian Federation and clause 9 of the Instructions, approved. Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 No. 273/P-20, by analogy with the law. Transfer of an employee to another position is not grounds for changing the working year for which annual paid leave is provided. In accordance with Part 1 of Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes, among other things, the time of actual work. The provision of annual paid leave does not depend on what position the employee holds in the organization, since the employment relationship itself is not directly interrupted. Moreover, if the new position provides for a vacation of a different duration, then the duration of the vacation for the working year is determined in proportion to the periods of work in a particular position. For example, for one position the vacation is 28 calendar days, and for another position it is 31 calendar days (28 calendar days + 3 calendar days of additional annual leave). During a working year, an employee worked for 6 months in one position and 6 months in another position. In such a situation, during the working period the employee must be granted leave of 30 calendar days (28 calendar days/12 months x 6 months + 31 calendar days/12 months x 6 months). Thus, the working year begins to be calculated from the day the employee is hired by the employer (organization). When an employee is transferred to another position that is entitled to additional annual leave, his working year does not change.”

How many days should you rest?

What to do if management requires an employee to come to work during his vacation? How to calculate vacation in this case?

The legislation provides for this possibility, however, it also establishes a number of conditions that must be complied with. For example, the following:

• absolute consent of the employee who is called;
• the part of the vacation that was not interrupted must be at least fourteen days;
• that part of the vacation time that was not used must be provided at any other time of the year or immediately after all the reasons for his presence at work during the vacation have been eliminated; this must be agreed upon with the employee and completely satisfy him.

So, for what reasons can an employee be called upon to continue performing his duties at the enterprise during vacation? Among them are the following:

• in order to prevent equipment downtime, accidents, damage to enterprise property or loss of life;
• in order to prevent the onset of the consequences of a natural disaster, as well as to prevent or eliminate the consequences of any industrial accident.