According to Russian law, war veterans have special benefits. Thus, the right to leave to war veterans is especially approved. This applies to those on military service, and for those working in the civilian specialty. Also, basic leave to war veterans is provided upon request.
general information
Data on this right, published in various sources, is very controversial. All this raises questions about how much vacation should be for a war veteran, how it is provided. The exact information is contained in the laws of the Russian Federation.
Status
Legislation determines the status of veterans, setting the conditions for their recognition as such. It also provides a number of benefits for them. It contains a list of armed clashes in which Russia participated. For example, all who have been on business trips in the Syrian Arab Republic since 2015 are recognized as veterans.
Since 2016, they are also considered service personnel who worked in parts in Syria during the same period. In total there are three sections into which all military conflicts with the participation of Russians are divided. Benefits and the right to leave to war veterans are granted taking into account the section to which the military operations are attributed, in which they were able to participate.
So, the third section, which includes the fighting of the 1960s. on the territory of Asian and African countries, are noted in articles 3 - 4 of Federal Law No. 5. The second section lists the Great Patriotic War, which corresponds to Articles 2 and 4 of Federal Law No. 5.
A special certificate that is issued to each participant in the battles confirms the status of a veteran. It always gives the number of the law that defines the benefits. Each certificate has a photo of the participant. Issue it after a person personally writes a statement to the authority that sent him on a business trip. Be sure to have a documentary basis that will confirm that he has performed official duties.
Vacation
In the Federal Law on War Veterans, vacation information is also included. According to the law, it can be of several types. Firstly, this is the main vacation, secondly - additional with payment, and thirdly - additional without payment.
Everyone who works in a civilian specialty is granted a vacation of 28 days. So the labor legislation of the Russian Federation decided. For all the time while a person is not in the workplace, he is still paid. If an employee has a special position, he is an excellent professional or teacher, lives in the Far North or equivalent territories, then the number of days in this period is added. They are fixed by internal documents.
The duration of additional leave to war veterans is 15 days. It is provided only in a number of cases.
Also, everyone who participated in the battles of Chechnya or other foreign countries listed by law is entitled to additional unpaid leave. War veterans take it for family or other reasons, when other types of leave have already been used. Its duration is 35 days.
Difference
However, not all participants in the battles have the same benefits. For example, Afghan veterans who went there to work are not entitled to additional leave without payment.
Details
An additional leave of 15 days is required for war veterans.However, it is provided only during the period of military service. The Federal Law “On the status of a military man” does not provide for the right to extended leave to persons who are not members of the military. It doesn’t matter if a person has served before, the only important thing is whether he is a military man now. In other words, the law is applicable only to those who have concluded a contract with the Ministry of Defense in the current time period. If he was employed in a civilian specialty, then an additional leave of absence for a war veteran of 15 days is provided in only one case - if the organization’s regulatory act provides for this benefit. That is, each employee has the right to ask for additional days of rest.
They are provided upon application for leave from a war veteran, provided that this right is given to him by the employer who has concluded an employment contract with him containing such a clause.
Conditions
It is important to correctly compile a vacation report of a military veteran of military operations. It is always provided in a declarative manner. That is, it is always required to first write a vacation application to a war veteran. Documents are provided in advance, they are transferred to the personnel department. The military veterans give their report on leave to the commander. A copy of the certificate is attached to it, which confirms the right to benefits.
One of the main benefits is the provision of labor leave to a war veteran at any time of his choice. Each organization draws up its own plan, according to which employees leave to have a rest, but employers do not have the right to refuse combatants to provide this benefit.
At the same time, employees should not abuse their right. In parallel with the available privilege, there is an obligation to coordinate the time of rest with the leader. Therefore, the question often arises as to whether holiday leave is out of turn for a war veteran.
An employer may reasonably refuse an employee. If the veteran at the same time leaves his application, and does not go to work within the indicated period, then this will be considered truancy. And after that, the manager often dismisses the employee.
The courts have extensive practice in cases where the decision to dismiss a veteran was disputed. As a rule, the decision is not made in favor of the combatant. That is, the right to choose a period of rest is not absolute. In any case, it is agreed with the leaders. They get acquainted with the statement of the veteran, and then consider it or not. After this, an order is issued, the combat participant studies its contents, and then signs it.
Vacation
When a veteran of hostilities asked for another vacation, having drawn up an appropriate statement, the employer must get to know him. Then he issues an order, usually in the form of No. T-6, but other options approved by the organization can also be used. The order has no special mark on the fact that the leave is granted to the veteran.
It is best for the veteran himself to submit his application as early as possible. In this case, the accountant will make a calculation in advance, on the last working day before the leave, giving the employee leave, paying him wages.
Duration
So, each participant in the battles has the right to receive basic, paid, additional leave without payment. The duration of the vacation of a war veteran depends on the characteristics of the organization in which he works, on the conditions of his work. Each company sets its vacation duration. So, if people work in harmful or dangerous conditions, they have the right to additional paid leave. It does not matter if they are participants in the fighting. In any case, the number of vacation days is increased by 7 days, which are also paid.
On a general basis, the participants in the battles also have additional paid leave, which is laid on workers in the Far North and territories equivalent to it. When calculating the duration of the vacation for veterans, they do not take into account the weekends and holidays that fell during the rest.
In the case of the provision of unpaid additional leave to combatants, a preliminary written application is also required.
An application for leave to a war veteran is in any form. Nevertheless, there are common patterns for them. It is important to strictly follow the sample vacation report to a war veteran.
Features
It is important to consider that there are many factors that affect the duration of rest. The most additional vacation of 15 days has several important characteristics. It must be provided by all legal entities without exception, regardless of ownership. Be sure that this entire period must be paid. Participants of the battles, who are now working in the civilian specialty, do not combine the days of additional rest with the main vacation. While veterans who are currently military personnel can join these days to the main rest and share.
Days of additional leave without payment are provided to veterans once a year, its duration is 35 days. It is important that, according to the law, they have the right to take it at any time, not taking into account the vacation schedule drawn up in the enterprise. However, in practice this is far from always realized. Moreover, the courts do not stand on the side of combatants when leaders impede the exercise of the law laid down by them.
Order of registration
For competent registration of rest it is important to comply with the legal procedure. First of all, you need to make a statement. It should contain the following series of information: personal data and the position of the head, personal data of the veteran himself, the duration of the vacation, on what basis additional leave is granted, the date the document was prepared. Be sure to subscribe to it, and the signature - to decrypt.
A copy of the veteran’s certificate is always attached to the application compiled in accordance with all requirements.
The procedure is somewhat different when it comes to a veteran who is currently serving in the Russian Army. In this case, you need to carefully copy the sample report on the leave of the war veteran. It should contain a number of data: the personal data of the commander, the personal data of the applicant, the duration of the rest, the reason for providing it, the replacement of a participant in the fighting during the rest, the final destination of the road, a request for financial support for travel of the family. In cases where the trip will be at sea or a resort, you need to indicate the cost of the permit. The form is strictly regulated, therefore it is important to familiarize yourself with the sample report on the vacation of a war veteran. The slightest violation of the registration procedure will lead to the invalidity of the document. A sample vacation report from a war veteran is presented below.
It is imperative to look at the organization’s vacation schedule; it should indicate the legal additional leave. It is important to find out information about the order issued by the head. Be sure to check the vacation records entered in personal registration cards in cases where they are in the organization.
Calculation Rules
It is important to consider that for the calculation of additional days of rest take 1 reporting year of work. But sometimes situations arise when a veteran managed to work out an incomplete number of days in a billing period. Then, to determine the number of days of rest, use the formula: Po = 15/12 * Fv.Where: By - the duration of the additional vacation; 15 - the number of days on vacation specified by law; 12 - the number of months in a year; Fv - time worked out in fact in the billing period.
They calculate the payment of additional rest to veterans using the formula: Oo = Po * (Zn / 29.3). Where: Oo - payment for rest; By - the duration of rest in days, it is calculated according to the previous formula; Sn - the amount of money earned in the billing period; 29.3 - the average monthly number of days in a year.
Using these formulas, you can calculate the duration of the extra rest, the required monetary funds for payment to veterans.
Payment Features
When calculating the amount of payment for additional leave to veterans, many nuances are taken into account. So, if he has a seniority, the size of which is smaller in the billing period, then take into account the time of work in fact. Holiday pay is paid 3 days before the start of an additional vacation.
In law
In 1995, Russia adopted its regulation on veterans. According to him, war veterans are:
- Military personnel currently serving.
- Dismissed to the reserve.
- Retired.
- At the training camp.
- ATS officers.
They can also be employees of the internal affairs departments. In addition, participants in hostilities are:
- Those who participated in combat missions by government order, for example, cleared the territory of the former USSR from 1945 to 1952.
- Those who participated in combat trawling, destroying mines from 1945 to 1958.
- Those who served, delivering cargo to Afghanistan during the fighting there.
- Those who served in the Air Force, making flights over Afghanistan during the existence of the USSR.
- Representatives of service personnel in the places of hostilities, having injuries, shell shock as a result of injuries, medals or other state awards.
- Workers who were sent to Afghanistan in 1979-1989.
In addition, the laws of the Russian Federation list the areas on which fights took place with the participation of its citizens.
Privilege
The law "On Veterans" contains a complete list of benefits that are intended for combatants. They include:
- Compensation for utilities in the amount of 50%.
- Getting medical services out of turn, benefits for prosthetics.
- Cash payments every month, as of 2016, they amounted to 2,622 rubles.
- Vacation
There is a certain reason why vacation is included in the list of benefits. The fact is that for this period a person is exempted from fulfilling work obligations. Typically, a vacation is given taking into account the following points:
- Available work experience.
- The specifics of the work.
- The presence of agreements with the employer in the employment contract.
With regard to vacation for any Russian citizen, the following measures cannot be applied:
- limit it;
- cancel it.
Reasons for extension
Sometimes there are situations when the duration of the rest of the veterans extend. To do this, they can take advantage of the following provisions in the law.
- If there is a sick leave certificate that confirms that the disease was transferred by the veteran during the vacation period, there is reason for its extension.
- If during the period of rest he was involved in the performance of state duties, and there is official confirmation that he was at that time released from basic work obligations, this is also the basis for extending the rest.
- Other circumstances stipulated by Russian law are also grounds for extending vacation to a veteran.
Under these conditions, the participant in the armed conflict in any case receives a vacation payment in the amount of the average salary. However, these funds are subject to full taxation.
Disabled people war
An additional category, which has a number of privileges, including those related to vacation, are persons who become disabled as a result of participation in hostilities. This includes participants in the Second World War, other armed conflicts of the USSR and the Russian Federation, who became disabled due to a disease transferred during the period of military service.
Also included here are those who, under the age of 18, managed to become a prisoner of the ghetto or concentration camp, who received a labor injury, a disease. In order for all these categories of people to be able to take advantage of the benefits provided to them, their accommodation in Russia is required.
Privileges for war invalids
The greatest privileges are accorded to war invalids. Their unpaid leave lasts up to 60 days, they can take it both one-time and break it into pieces. This applies to persons with disabilities of all groups. They also receive paid leave at any time that is convenient for them. But you need to remember that to go on vacation at any time you need to coordinate with the management of the enterprise where the disabled person works. And the head of the organization may reasonably refuse this right. And the court is most often on the side of the leadership, not the veteran. So this privilege is very controversial.
However, according to the law, when the company plans a vacation schedule, people with disabilities are not included there, as they take it on their application at any time of the year. They can go on vacation when they decide.
In addition, people with disabilities can add 60 days of unpaid vacation to their paid leave. It is also issued at any time that is convenient for them.
For all citizens, the law sets a minimum vacation of 28 days. However, persons with disabilities have the right to receive rest of 88 days, of which 28 are necessarily paid. But sometimes 88 days are not enough for treatment in a sanatorium, and then war invalids of group I and II have the right to additional days, which are drawn up when they provide a sick leave. It is paid by social insurance.
Conclusion
Thus, each participant in the hostilities in which the USSR and the Russian Federation participated, is entitled to certain benefits from the state, including additional leave. However, in the provision of these privileges there are a number of reservations that you must definitely familiarize yourself with in advance. Do not forget that vacation time is always better to discuss with the bosses in order to avoid further problems.