Vacation in the Far North - what is the duration?

Leave for workers in the Far North: terms of provision

A large number of preferences have been established for the population of the Far North and equivalent territories.
Among these is the provision of additional leave (Article 116 of the Labor Code of the Russian Federation). Read more about all the benefits that northerners are entitled to in the article “What benefits are available to workers in the Far North?”

The list of regions belonging to the Far North of the Russian Federation, as well as those equivalent to it, was approved by Resolution of the USSR Council of Ministers of November 10, 1967 No. 1029, which continues to be applied today. This regulatory legal act may be supplemented by secondary legal acts, such as Decree of the Government of Russia dated April 24, 2007 No. 245.

For lists of areas belonging to the Far North and equated to it, see here.

In this case, the location of the employer for whom the person works does not matter. His office may even be located in the south of the Russian Federation, but additional leave will need to be paid for an employee working in the North. In turn, if an employee works in the south, and the employer is located, for example, in Chukotka, he does not have to fulfill the obligation to provide leave.

Inspector of the Federal Service for Labor and Employment E. A. Shirshova told how to pay for vacation for an employee sent to the Far North region.

Get trial access to the ConsultantPlus system and read the official’s opinion for free.

Shift workers working in the Far North and equivalent regions are also entitled to additional leave. At the same time, when calculating the length of service on the basis of which vacation is calculated, the days that employees spend getting to the place of work are also included (Article 302 of the Labor Code of the Russian Federation).

The effect of labor legislation, according to which a citizen working in the Far North receives the right to additional leave, fully applies to workers performing their labor functions remotely, provided that the contract is concluded in accordance with the norms of the Labor Code of the Russian Federation. In this case, it matters in which region the person officially lives - as a rule, this is determined by registration.

It is worth noting that when traveling to the Far North and to the constituent entities of the Russian Federation equated to it, northern vacations are not provided, with the exception of situations when employees are engaged in work related to the exploration of oil and gas fields, organize expeditions (clause 4 of the appendix to the order of the Ministry of Labor of the RSFSR dated 22.11.1990 No. 2).

Expenses for a northern vacation, as well as for paying for a regular one, can be used to reduce the tax base of the enterprise. But if the employer adds additional days to the legally guaranteed vacations provided for by local agreements, then they can no longer be taken into account for tax purposes (clause 24 of Article 270 of the Tax Code of the Russian Federation).

Procedure and terms of provision

To receive leave, the employee submits a written application with the corresponding request. Its form is not regulated by law.

For the first time, workers in territories classified by the state as northern can receive rest according to general rules, that is, after six months of constant work with one employer. Vacations are distributed based on the schedule approved by the employer for the entire year. According to labor regulations, northerners can be provided with rest all year round, and not just in the summer.

Part-time workers and those working on a rotational basis have the right to the same length of leave as other workers in the north. In the case of shift workers (if they come from other areas), when determining the northern work experience, the days on shift and the days when the employee was on the road, provided for by the work schedule, are taken into account.

An employee can fully or partially combine paid vacations (main and preferential), but only for the last two years. However, the duration of such a combined vacation cannot exceed six months, taking into account the days taken by the employee without saving earnings and travel time to the place of vacation.

If the total duration was more than six months in one year, then the unused portion is added to the next annual leave. Therefore, it is better for northern workers to plan their vacation schedule for two years at once.

We invite you to familiarize yourself with: Sample regulations for working conditions on the road

If the employee did not take leave before his dismissal, he can use it and resign immediately, unless the dismissal is related to his violation of labor laws.

The only document confirming the status of a northerner is a work book with a record of work in an organization located in the northern territory. Many employers also issue a certificate confirming work experience in the northern region, drawn up arbitrarily, since the form of such a certificate is not approved by law. Workers who travel to the north on business trips are not entitled to any related benefits or compensation.

Northern holiday duration

In accordance with Art. 321 of the Labor Code of the Russian Federation, as well as Art. 14 of the Law “On State Guarantees and Compensations” dated February 19, 1993 No. 4520-1, citizens have the right to count on additional paid leave:

when working in the Far North - 24 days for work during the calendar year;
when working in areas equated to the Far North - lasting 16 days for work during the calendar year.

Thus, the total annual vacation in the regions of the Far North can be 52 days, and in areas that are equivalent to it - 44 days (if we consider the standard 28-day vacation along with the northern one).

As is the case with regular vacation, public holidays that fall during the northern vacation period are not included in it and are not paid (Article 120 of the Labor Code of the Russian Federation).

Minor citizens have certain preferences when calculating leave - their total paid leave is 3 days longer than that of adult workers (Article 267 of the Labor Code of the Russian Federation): if they work in the Far North, they can rest for a total of 55 days.

If a person has the right to other additional leaves provided for by the contract (for example, for irregular work), the days of northern leave are summed up with them, while replacing one additional leave with another is unacceptable (Article 322 of the Labor Code of the Russian Federation).

If additional leave is calculated for shift workers located in the Far North or in a region equivalent to it, then its maximum duration is, respectively, 24 or 16 days per 12 calendar months of work. The actual duration of the vacation is calculated proportionally - for example, if a person worked a total of 3 months on a shift (and was also on the way to it), then he is entitled to a northern vacation lasting 6 days.

About remuneration during shift work, read the material “Remuneration during shift work.”

Rules for connecting holidays

Northerners can combine annual vacations, but not more than 2 years in advance. That is, they can go on vacation not every year, but once every 2 years. But the duration of vacation when combining vacations should not exceed 6 months. This period also includes vacation time at your own expense required to travel to and from the place where the vacation is used.

If, when combining vacations, the total duration of vacation is more than 6 months, then part of the vacation over 6 months is added to the next annual vacation for the next year. 322 Labor Code of the Russian Federation.

/ condition / An employee of an organization located in Vorkuta (a region of the Far North) has the right to the following vacations:

annual basic extended leave of 56 calendar days - as a teaching employee;
annual additional northern vacation lasting 24 calendar days;
annual additional leave for irregular working hours is 14 calendar days.

The employee did not use annual leave last year because he decided to combine vacations for 2 years. He will be granted leave from August 1, 2021.

To travel to the place of rest and back, he needs 10 calendar days.

/ decision / The total total duration of the employee’s annual leave is 94 calendar days (56 calendar days, 24 calendar days, 14 calendar days).

When combining annual leave for 2 years, the total duration of leave will be 188 calendar days.

Vacation cannot exceed 6 months. During the specified 6 months, the employee uses 174 calendar days of vacation and 10 days on the way to the place of rest and back - a total of 184 calendar days. The employee must start work on February 10, 2021 (November 4, January 1-8 are non-working holidays - not included in the number of vacation days) art. 112 Labor Code of the Russian Federation.

He will have an unused part of his vacation lasting 14 calendar days (188 calendar days - 174 calendar days), which is added to the next annual paid leave for 2021.

Northern vacation for part-time workers: nuances

Any types of paid leave for citizens working part-time are provided on a general basis (Article 321 of the Labor Code of the Russian Federation). But there are a number of nuances that characterize the implementation of this labor law norm in practice.

So, in Art. 287 of the Labor Code of the Russian Federation states that guarantees and compensation for workers in the Far North can only be provided at the main place of work. This provision makes many employers doubt the legality of part-time workers’ demands to provide leave. But Rostrud, in letter dated 06/08/2011 No. 1599-6-1, indicates that it only applies to targeted measures to support employees. In particular, those that may be assigned as a result of the dismissal of an employee due to the closure of the employer, staff reduction, those that involve the receipt of medical services, payment of travel expenses and baggage transportation.

Thus, part-time workers can, in principle, use vacation in the regions of the Far North and territories equivalent to it, as follows from the norms of Art. 321 Labor Code of the Russian Federation.

In the provisions of Art. 286 of the Labor Code of the Russian Federation states that leave for a part-time worker must be granted simultaneously with that which he enjoys at his main place of work, and if a person has not had time to work at an additional job for 6 months (the minimum length of service for main and northern leave), then in advance.

If the duration of the required vacation in a company in which a person works part-time is less than at his main place of work, he has the right to request leave from the company management at his own expense at the same time as that taken out at his main place of work. Theoretically, this is possible if at the main job a person is granted other additional leaves that are not provided at the place of part-time work - for example, for the same irregular working day.

What documents to request from an employee to account for income tax expenses if the employer paid for the travel of the employee and his family members to the place of vacation was explained by 3rd Class Advisor to the State Civil Service of the Russian Federation N. N. Taktarov. Get trial access to ConsultantPlus and study the official’s opinion for free.

Yakutia

To look at one of the most unusual natural parks in the world, you should go to Yakutia to the Lena Pillars. Geological formations of unusual shape attract thousands of tourists every year. They are worth looking at - tall, somewhat like fingers, they captivate the eye and amaze the imagination. The park can also offer its visitors rafting on the Lena River, a walk through the forest and among the pillars themselves, where you can easily find an ancient trilobite, as well as a whole range of interesting and exciting excursions.

How does an additional northern vacation fit in with the main one?

In general, a citizen receives the right to use vacation in the Far North as soon as he has worked for 6 months in a company - as is the case with the main vacation (Article 322 of the Labor Code of the Russian Federation). The length of total work experience in this case does not matter - unlike, for example, the situation when northern bonuses are added to a person’s salary.

A situation may arise in which a person works for a company for more than 6 months, but, in fact, in the Far North - only 1. In this case, he is only entitled to basic leave, unless the employer himself agrees to provide the employee with the opportunity to rest additionally.

Pregnant women and women who have just returned from maternity leave, minor workers, as well as citizens who have adopted children under the age of 3 months have the right to leave, main or additional, before the end of 6 months of work in the company (Article 122 of the Labor Code of the Russian Federation).

If the employer and employee have entered into a fixed-term contract, then leave is granted:

also after 6 months (if the contract is longer than this period);
upon expiration of the relevant agreement (if the contract is shorter than 6 months and otherwise is not established by agreement with the employer).

Vacation is calculated in proportion to the ratio of the duration of the contract and the calendar year.

Leave in the Far North and the main leave are summed up and form the total paid leave. It can be divided into parts, but the duration of at least one individual break in work must be at least 14 days (Article 125 of the Tax Code of the Russian Federation).

A special situation is in the field of education. For teachers of schools and universities, the bulk of vacation is provided in the summer. In practice, this means that teachers, as a rule, use both types of leave, main and northern, at the same time.

To learn how northern experience affects the calculation of a pension, read the article “Calculation of northern experience for men upon retirement .

Kola Peninsula

Fans of the far north can be offered a trip to the Khibiny Mountains on the Kola Peninsula, which are simply breathtaking. The mountains themselves are not high, but the thin air, coupled with the harsh northern weather, creates a climate close to highland. The whole range of mountain activities is presented here: snowmobile safari, ski tour, ethnographic excursion or even ice fishing. And in numerous hotels and guesthouses you can rent a room with a jacuzzi or even a house in the forest and immerse yourself in the atmosphere of the northern mountains - with snow, pine trees and, of course, the northern lights.

Nordic holidays and weekends for parents

If a citizen working in the north has children under the age of 16, then his employer, upon written application from the employee, must provide him with an additional day off every month, albeit without compensation (Article 319 of the Labor Code of the Russian Federation).

In addition, once a year a citizen has the right to receive paid leave of at least 14 days in order to accompany a minor child who enters an educational institution located in another area. This leave should be granted for each child only once (Article 322 of the Labor Code of the Russian Federation). To use the relevant preferences, you must:

the parent had sufficient experience to receive leave;
the parent provided the employer with a document from the educational institution confirming the child’s participation in the entrance exams.

IMPORTANT! We are not talking about “extra” vacation days: the norms of Art. 322 of the Labor Code of the Russian Federation only gives the parent the right to receive paid (main or northern) leave on specific days, in fact having an advantage when drawing up a vacation schedule in the company.

Vacation compensation in the Far North

We noted above that the number of rest days can be formed from those represented by the northern vacation and those corresponding to the main vacation. However, this does not mean that the corresponding leaves have the same legal status in other legal relations.

So, if we are talking about vacation compensation (payment of vacation pay, provided that the employee remains at work for the corresponding period and continues to receive a salary), then the main vacation (28 days) cannot be compensated (Article 126 of the Labor Code of the Russian Federation).

In turn, vacation in the Far North, as well as the main one unused in previous years (provided that it was formed after compulsory 28 days off per 1 year of work), can be compensated, except in cases where employment contracts are concluded with pregnant women and minors.

All types of unused vacation are compensated upon dismissal of an employee (Article 127 of the Labor Code of the Russian Federation).

Read more about compensation paid without dismissal here.

Kamchatka

This list would be incomplete without the main attraction of the Far East - Kamchatka. Despite the mountainous nature, there is a lot to see here. Here are the familiar Valley of Geysers , Kamchatka Hills and an unusual black sand beach. Tourists are invited to visit thermal springs, climb Avachinsky volcano and feed gophers along the way, walk through lava fields and watch bear fishing - an unusual and delightful spectacle.

Results

Citizens working in the Far North and in areas equivalent to it have the right to receive significantly longer leave than if they worked under normal conditions. In addition, northerners have the right to receive priority leave to accompany children entering educational institutions. If a person working in the North has children, then he has the right to take additional days off at his own expense. Northern workers also have the right to leave at their own expense while traveling to their vacation destination. All northern preferences are guaranteed by law for citizens both at their main place of work and in the case of part-time work.

Sources:

Labor Code of the Russian Federation
Order of the Ministry of Labor of the RSFSR dated November 22, 1990 N 2
Tax Code of the Russian Federation
Law of the Russian Federation of February 19, 1993 N 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas”

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Reimbursement of vacation expenses for northerners, including travel expenses

All employers, without exception, are obliged, at their own expense, to compensate employees whose workplace is located in the Far North or an equivalent area for the cost of transporting luggage and traveling to a vacation spot within Russia and back (Article 325 of the Labor Code of the Russian Federation). The following principles apply here:

Compensation is due to all employees whose workplace is located in the relevant areas, regardless of the legal address of the employer. This follows from Sect. 1 Review.
The right to compensation arises together with the right to paid annual leave. It can be implemented only once every two years (Part 1 of Article 325 of the Labor Code of the Russian Federation).
If compensation is not used, it cannot be transferred and summed up (Part 6 of Article 325 of the Labor Code of the Russian Federation).
The payment is associated precisely with the fact that leave was granted, so it must also be paid to the employee who went on leave with subsequent dismissal (i.e., at the time of return from leave, the employment relationship will be terminated). The same applies to cases where the employee on the day of returning from vacation was already on another type of leave, for example, on leave without pay (Section 6 of the Review).

You can find out how to pay and take into account vacation travel compensation from a typical “ConsultantPlus” situation. If you don't already have access to the system, get a free trial online.