In accordance with the Constitution of the Russian Federation, everyone has the right to rest. It consists in providing weekends and holidays, paid and unpaid holidays. A similar right is enshrined in the fundamental regulatory legal act - the Labor Code of Russia.
What is a vacation?
Vacation is a period of time for which an employee is released from performing his direct labor duties. It is laid to the employee annually. An annual basic paid vacation is provided not for the calendar, but for the working year (calculated from the time of employment). When you go on vacation for a person without fail, his average salary and workplace will be preserved.
There are several types of paid and unpaid leave: basic annual leave (minimum and extended), additional, educational, maternity, without pay. It is a fixed-term or a perpetual contract, part-time work or at home - does not play a role. If a person is granted annual basic paid leave, then the main condition is met - the labor relations "employee - employer" are formalized.
Who is granted annual basic paid leave?
All employees hired by an employment contract are granted annual basic paid leave. But a person can be drawn up and under a contract that is civil in nature. If the issues of granting leave are not specified in it, then the provisions of this paragraph do not work.
The duration of the annual main paid vacation is the well-known 28 days: calendar holidays + workers. Days falling on national holidays should not be included in this period. If they fall during this time, vacation is subject to extension. Consequently, the annual basic paid vacation is at least 4 weeks. It is impossible to transfer an employee to another job / position during the vacation period, as well as dismiss (the exception to the rule is liquidation of the enterprise).
Who needs a vacation period of more than 28 days?
There are categories of people who are granted annual basic paid leave longer than the minimum required length. So, it lasts (in calendar days): for employees under the age of majority - 31; disabled people - at least 30; civil servants of the highest and main positions - 35; civil servants of other positions, municipal servants, judges - not less than 30; Candidates of Science - 36; Doctors of sciences - 48; teachers, professors, professors of secondary special and higher educational institutions - 42-56; prosecutors and investigators - 30. For them, this is the so-called annual main extended paid leave.
What is an extra vacation?
In addition to the main (minimum and extended) annual additional paid leave is possible. It is regulated by the Labor Code of the Russian Federation or it is the direct decision of the employer. Such a vacation joins the main and may be 6-36 additional days. Their number is also affected by seniority. It is connected with the special nature of the work - hazardous working conditions that are harmful to human life and health, irregular working hours, labor in the Far North and equivalent localities.The duration of the annual paid vacation consists of the summarized main and additional vacation periods.
If, as a result of a special inspection, dangerous or harmful working conditions of 2–4 degrees were identified, the employee should be given at least 7 more days of rest. This provision should be recorded in the employment contract. If leave is laid for more than a week, the employee is entitled to replace the days exceeding the minimum allowable limit with compensation in cash. At the same time, the conditions, procedure and amount of the cash payment should be fixed in collective agreements, industry (intersectoral) agreement, and the employee should give written consent to replace the days of rest with financial compensation by signing an additional agreement to the employment contract. The work experience will include the days actually worked in these conditions.
Based on the decision of the Government of Russia, a list of positions in which people are entitled to receive additional days of rest for special working conditions is indicated. As an example: scientific and pedagogical staff with an experience of 10 years or more have a leave of plus 5, from 15 years - 10, from 20 years - 15 days of rest. Similar parameters for investigators, prosecutors.
For irregular working days (processing hours) laid additionally from three additional days of rest. The number of days is negotiated by collective agreements and depends on the work schedule approved by the organization at the enterprise. In state institutions of federal subordination, the procedure and conditions for such leave are stipulated by federal normative legal acts, for state institutions of the constituent entities of Russia this is the regulatory legal framework of state power bodies of constituent entities, and for municipal institutions, respectively, the regulation of local self-government. If at the enterprises additional days of rest during irregular work are not provided, processing hours should be considered as overtime only with the written consent of the employee.
For the performance of work in the Far North, the right to an additional 24 days of rest is provided. People engaged in labor activities in areas equated to regions of the Far North have over 16 days of vacation in excess of the main period. Geographically, areas of the Far North are fixed at the legislative level.
Based on the decision of the employer, which does not contradict the law, taking into account the views of trade union members, as well as the financial capabilities of the enterprise, employees may be given additional leave outside the possibilities specified in the Labor Code of the Russian Federation. The conditions and procedure for its provision are recorded in local documentation (regulations, collective agreements).
The right to go on vacation arises as a result of the accumulated length of service, which includes not only the time worked, but also periods of temporary incapacity for work, vacations, days off, holidays, forced absenteeism (in case of dismissal from the post with subsequent restoration). They cannot be included in the experience, for example, absenteeism due to one's own fault.
The procedure for granting annual leave
When applying for a job, an employee has the right to annual leave after six months of continuous work with a representative of the employer. Earlier than the deadline, leave may be granted by mutual agreement of the parties in relation to: minor citizens; employees who have adopted a child who has not reached 3 months of age, women before their departure on 140- or 156-day leave associated with pregnancy and childbirth.
Further, the provision of the annual basic paid vacation is made by the employer within the framework of the approved vacation schedule, usually with specific dates. The schedule is mandatory and determines the order of employees on their vacation. It is approved for the next calendar year 2 weeks before the end of the current year.Be sure to take into account the position of the trade union organization.
In accordance with the schedule, the employee is not required to apply for annual leave. The employee must be notified under the signature about the time of his departure on vacation no later than 14 days before its start. A notification may be a notification. Further, the management issues an order that contains information on the dates (start and end dates), the worked time period (working year), for which the employee is sent on vacation. The duration of the annual main vacation (the number of days of rest provided) is important. For additional leave, clarification is required (which is provided).
For some categories of citizens, leave may be granted at their will at a time convenient for them. So, a man - regardless of the period of his employment with this employer - may be entitled to leave if his wife is pregnant and has already taken leave for this reason.
Is the extension or extension of leave to another time justified?
During the period of being on sick leave or performing state duties during the vacation period, leave (as agreed with the employee) must be extended or rescheduled. If such grounds arise, the employee should notify the management of the situation to extend the vacation period by the required number of days. At the same time, work on an annual vacation will be paid for under the relevant circumstances of the law, and additional days for which the vacation period is extended are not payable, since they have already been paid earlier. The right to extend the employee leave is fixed in a new order.
If the 14-day deadline for notifying the employee on vacation is not respected, the employer must by law transfer the employee vacation for another time. All you need is a written statement by the employee. A similar situation is possible with the late payment of vacation pay, which must be received by the employee within three days.
In cases in which the provision of annual paid leave this year may adversely affect the productivity of the organization, enterprise, it is possible for the employee to transfer the rest period to another time in the next working year. It is important that the leave is used during the year from the date of completion of the previous working year. The basis for the transfer of the vacation period is an order, as well as the inclusion of the remaining days in the vacation schedule of the coming year along with the relying on new holidays.
The representative of the employer does not have the right to refuse to grant days of leave to the employee for two consecutive years. It is impossible not to grant leave to underage citizens and people who are at work in dangerous or harmful working conditions, even if people are ready to work without rest.
Is it obligatory to go on vacation for all days?
In the case of an agreement between the employee and the representative of the employer, the period of annual leave can be divided into uneven parts and provided in various months during the year. This breakdown should be included in the vacation schedule. One part of the vacation period must remain at least 2 weeks! If the representative of the employer does not make concessions on this issue and insists on the full use of all the days due to the employee, the vacation is taken off entirely without partial fragmentation.
Is it right to call a person from vacation?
Exclusively by agreement with the employee, it can be called from vacation. At the same time, unused annual leave is granted at any other time suitable for it in the current or subsequent working year. If an employee refuses to interrupt his vacation, his refusal should not be correlated with violation of labor discipline.If the vacation was interrupted, an order is prepared, which confirms the fact of going to work, the reason, the balance of unused days. Money paid for the remaining time shall be returned to the organization’s budget or taken into account when calculating the next salary.
It is strictly forbidden to withdraw from vacation citizens under the age of majority, employees working in conditions that are harmful or dangerous to life and health, pregnant women. Even if the recall is related to their direct will.
Who is entitled to monetary compensation?
The provision of annual leave can be replaced by compensation in cash. In this case, only part of the vacation period, which must exceed 4 weeks, will be subject to replacement. If there are several annual vacation periods (for example, in the case of transferring days to the next working year), part of each of them can be received in cash, but only if it exceeds 28 days.
To receive compensation, the employee must contact the representative of the employer with a written statement. The employee’s decision on compensation in writing is not an obligation of the employer to pay financial resources. The amount of payments will be determined from the average earnings in proportion to the amount of time worked, taking into account the used vacation. Pregnant women, minor citizens, and for annual additional leave — employees who work in conditions that are harmful or dangerous to their life and health, are not entitled to receive monetary compensation for unused basic and additional leave. Even if it is their desire or an agreed decision.
Vacation and Dismissal
Upon dismissal, monetary compensation for the leave is due to everyone and for all vacation periods, regardless of their duration. You can also walk off all unused vacation periods with subsequent dismissal, if it is not the result of guilty acts. Vacation with further dismissal is given based on the results of a statement written by an employee and issued in a subsequent order.
The last day of vacation will be the day of dismissal, and the last business day - the working day before vacation. You can also pick up your application if the vacation period has not begun, and they did not manage to invite a new employee to a vacant job in the near future. In case of illness that has overtaken a person during the holidays, he is entitled to a sick leave payment. At the same time, it is impossible to increase vacation for days of incapacity for work. At the end of the fixed-term employment contract, when the vacation does not fall within its validity period, the employee can be dismissed on the last day of the vacation. The employee must pick up the payments, as well as the work book, before leaving for vacation.
Family leave is required. How to be
If there are good reasons, for example, for family reasons, you can go on vacation without saving cash. Such leave can be both short-term and long-term. To do this, you should write a statement taking into account the agreements reached with the employer on the timing and duration. The application must necessarily indicate a good reason. The decision of the employer can be both positive and negative. There are no criteria for making this or that decision.
If there is a positive decision, an order is issued. When you go on vacation without maintenance for a period of more than 14 days, it cannot be included in the total length of service. A vacation without cash support can be interrupted at any time by notifying the employer representative of his intention to return to work.
Without fail, if an application is available, leave without cash should be granted to: participants of the Second World War - no more than 35 days; retirees who continue to work - no more than 14; working disabled people - no more than 60; workers at birth, wedding,death of the closest relatives - no more than 5; to parents, spouses of servicemen who died / died due to wounds, shell shocks or injuries in the military service, as well as to employees of various bodies (internal affairs bodies, customs services, bodies of the penal system and others) - no more than 14 days. Employees who are admitted to the entrance examinations to universities are entitled to 15, secondary educational institutions - up to 10 days. If a person works at the main job and part-time, but in a combined position his vacation is less than the duration of the vacation for the main job, then he is supposed to walk the missing days.
