All employees performing their activities under an employment contract are entitled to annual paid leave. Its payment is based on regulatory documents regulated by Russian law.
What is vacation and who can use it
Annual leave is a paid break in work that every employee of the organization can take to restore strength and efficiency. During this period, he retains the position and the average salary.
The right to a vacation can be used by persons who are in permanent, temporary, seasonal work. As well as people who carry out their production activities part-time, at home, remotely and so on. The holiday period cannot be canceled or shortened. The rule does not apply to workers with civil law employment contracts, such as a contract, assignments.
Duration
The number of days a vacation will be granted to an employee while maintaining their place and average earnings is prescribed in the organization’s employment contract or is decided on an individual basis in compliance with all labor laws. Typically, the length of such a period is twenty-eight calendar days.
As a rule, the procedure for granting vacations allows each employee of the organization to take advantage of annual paid rest days. This time can be extended according to the Labor Code and company regulations.
Getting extra days of rest
Additional leave, at which the place is saved and the average monthly payment, is granted to persons:
- involved in the field of hazardous and harmful labor activities;
- with a special specific nature of the work;
- with irregular day;
- working in the Far North or in places with difficult working conditions.
The organization, by virtue of its capabilities - both financial and production - can itself regulate the procedure for providing additional days of rest, even if it is not provided for by labor legislation.
Additional leave is granted to persons working in hazardous and hazardous work. These are underground and mountainous activities, zones of radioactive contamination and other places that negatively affect human health due to the influence of a number of chemical, physical, biological and other factors.
Employees with abnormal processing are also entitled to an additional vacation period, the duration of which is determined by the collective agreement of the company. Such rest should not be less than three days. In case of non-provision of additional leave, processing is considered overtime and is paid accordingly.
If the financing of workers with irregular schedules comes from the federal budget, then the grounds for suspension from work are prescribed by the legislation of the Russian Federation. If payment is made by the local government, then the terms and conditions are governed by the regional authority.
Paid vacation - both primary and secondary - is calculated in calendar days. It has no time limits. Holidays and non-working days are not included in the holiday period and are not paid.
When determining the total length of the period of temporary disability, additional days of rest are summed up with the days of the main.
About work experience
The calculation of the vacation provided by the organization is calculated on the basis of a number of factors.It:
- The period of employment in the workplace.
- An employee’s incapacitated time when he retains his position and annual leave.
- Forced truancy upon dismissal or removal from employment that has occurred unlawfully, with a future recovery at work.
- Other situations when the employee did not appear at work, but these “downtimes” are regulated by the collective and labor contract or regulatory documents of the organization.
The procedure for granting leave does not include the time when the employee was absent from work without good reason. This also applies to cases of removal from the production process under Article 76 of the Labor Code of the Russian Federation.
Persons who temporarily do not fulfill their duties in connection with caring for a child are not entitled to leave. There are no annual paid vacation days for employees who have left for a certain period without maintenance. Especially if its duration was more than seven working days.
Additional days of rest are laid to employees working in hazardous and hazardous work.
Leave procedure
According to the legislation of the Russian Federation, an annual rest period is required for each employee of the organization. In the first year of employment, an employee is entitled to a temporary exemption from the production process only after six months of continuous work experience. If the employer does not mind, then leave may be granted earlier.
Before the expiration of the six-month period, the right to temporary suspension from work is granted to women before leaving during the maternity leave or immediately after it. Employees of the age category up to eighteen years of age and people who have adopted children under the age of 3 months, as well as in other situations stipulated by law, are entitled to this benefit.
The employee takes the second regular vacation according to the vacation schedule, which is approved by the organization.
Priority
The annual vacation period is provided in accordance with the schedule of the organization, which is approved by the head of the enterprise, the trade union 14 days before the onset of the new calendar year. All employees of the company, including the employer, are entered into it. The worker is notified of suspension from work, according to the legislation of the Russian Federation, in two weeks.
The procedure for granting holidays allows you to take paid rest days at any time:
- Pregnant women.
- Husband while his wife is on maternity leave.
- Persons adopting a child under the age of 3 months.
- Workers whose age is under eighteen.
- People recalled from work leave.
- Parents, trustees, or guardians raising a disabled child under the age of eighteen.
- Military personnel.
- The wives of the military along with the leave of the husband of the serviceman.
- Women with two or more children under the age of twelve.
- Single men raising two or more children under the age of twelve.
- Honorary Donors of Russia.
- To the heroes of labor, the Soviet Union and Russia, as well as to the knights of the Order of Glory.
If the employer denies the right to take annual leave in a convenient period, then self-care in the above cases will not be considered absenteeism.
Renewal or rescheduling
Labor leave may be extended or rescheduled for another period:
- With temporary disability of the employee.
- If an employee performed state duties during a planned vacation.
- When an employee of the organization did not receive payment for the prescribed days of rest or was not warned for fourteen days about the period of temporary disability.
- If the absence of an employee this year negatively affects the organization’s production activities.In this case, the postponement of days of paid rest to the next year is allowed, but leave must be used during the next year.
A violation of Russian law is considered to be a refusal to an employee to provide paid work leave for two consecutive years, as well as non-provision of paid leave to persons of eighteen years of age and employees whose activities are associated with hazardous and harmful activities.
Dividing the vacation period into parts
It is allowed to divide labor leave into parts by mutual agreement of the parties. Here, at least one part of the annual period of incapacity for work should be at least two weeks.
Recall and financial compensation
The recall of an employee from the period of annual rest is carried out only with his consent. Unused vacation days are provided at a convenient time for the employee during the current year. The unused part may be attached to the next paid period of suspension from work.
An employee must not be recalled from vacation if his age has not reached eighteen years; women expecting a baby; persons whose activities are associated with harmful and dangerous working conditions.
Instead of holidays that are not included in the main 28 calendar days, the employee can use cash compensation.
Expectant mothers, employees under the age of 18, and persons whose labor activity is especially hard, harmful and dangerous, are not provided with material benefits instead of vacation.
Maternity Leave
Disability sheet is a sufficient reason to receive maternity leave of 70 calendar days before delivery (if a woman expects more than one child, the period of dismissal from work is extended to 84) and after delivery for 70 days. With complex births - for 86 calendar days. If two or more children were born - for 110 days. The calculation of leave is accompanied by the payment of social benefits, the amount of which is determined by the legislation of the Russian Federation.
The rest period associated with pregnancy and childbirth is accrued in total. It is provided regardless of the number of calendar days used by a woman before this period.
Student Holidays
Study leave is intended for people to be trained by the employer or studying independently according to state accredited programs of undergraduate, specialty, master's programs in part-time and part-time form of study. The organization gives an additional period of rest while maintaining the average salary for certification in the first and second year for up to forty calendar days. In subsequent courses - up to 50.
Vacation without pay is also provided:
- Persons admitted to entrance exams.
- To employees who are students of preparatory departments of higher educational institutions for final certification.
- People for certification in undergraduate, specialty and master's programs in full-time.
- Workers mastering government distance learning programs for accreditation. In addition, once in the school year, the organization fully pays for travel to and from the school.
- Persons continuing their studies in undergraduate, specialty or master's programs in part-time and part-time part-time studies for up to ten months at the beginning of the state final certification.
Work week here is reduced by seven hours. The term for exemption from work is paid by 50 percent of the average wage at the place of work, but not lower than the minimum wage. By mutual agreement, labor time is reduced by one working day or its duration is shortened.
Guarantees and compensations to employees who study and work at the same time, but do not have state accreditation for undergraduate, specialty or master's programs, are regulated by collective and labor contracts.
