In the article, we will consider whether working pensioners are entitled to additional leave.
In addition to the annual mandatory vacation guaranteed by the Labor Code, employees of organizations and enterprises are entitled to other types of recreation, which also applies to the category of working pensioners. In order to understand whether working pensioners are entitled to additional leave, it is necessary to refer to regulatory documents. For example, the legislation guarantees additional leave at any time to labor veterans, there are benefits for other categories of pensioners.
Depending on the specific case, this can be a paid vacation or at your own expense.
Pensions for working people
A vacation in law is understood as a “type of rest time”, which clearly distinguishes it from ordinary working days and weekends. The following types of vacation periods are distinguished:
- annual paid;
- additional annual paid (study leave is also included);
- vacation at own expense.
How is leave granted to working pensioners? Given the situation, each working pensioner has the right to several types of workers (for example, participants in the liquidation of the Chernobyl disaster can receive an additional 14 days of vacation per year). In addition, an employee, including a retired employee, may not use the right to annual vacations. If we talk about the main vacation, then this unused time may be subject to certain monetary compensation, the additional days of rest are not refunded in any way.
Under the word "pensioners" modern legislation refers to persons who have received the right to specialized social security, that is, to retirement. It is paid in one of the situations:
- when the employee reaches the age limit of 56 years for women and 61 years for men;
- in the presence of disability;
- if there is a right to various social payments for state security.
Basic annual leave paid by the employer
This is the most popular type of rest time, to which all employees of any organization are entitled, including people working part-time, part-time or remotely, as well as working pensioners. To obtain this type of vacation, certain conditions must be met:
- the employee has the right to vacation time six months after entering the position (if it is necessary to go on vacation earlier, this must be agreed with the management);
- rest time is determined by a special vacation schedule, which is at the end of the previous year (in order to relax outside the schedule, you need to contact the head with the appropriate statement);
- failure to provide this type of vacation for more than 2 consecutive years is considered a violation of the law.
According to the Labor Code of the Russian Federation, the standard duration of the main vacation is 28 days. According to federal legislation, certain categories of employees are entitled to a longer rest period.
Holidays for retired workers
The current economic situation in Russia is forcing many citizens receiving pension payments to continue to work in retirement. Many of them, despite material wealth and a prosperous life, continue to work for the purposes of self-realization and in order to occupy themselves in their free time.However, not all of these people know that, in addition to the 28 days of their main vacation laid down for them, they have the right enshrined in laws to extend their rest period.
Additional leave for working pensioners in 2019 can be paid by the employer or taken at their own expense.
Upon retiring, but at the same time continuing to work, a citizen acts as the recipient of certain privileges that are guaranteed to him by state bodies. One of these benefits is the vacation of a pensioner who is officially employed by the organization.
Reflection in law
The Labor Code establishes the obligation for the employer to provide additional vacation time with the following articles:
- Art. 64, guaranteeing the receipt of leave from the moment of signing the employment contract;
- Art. 81, regulating the impossibility of dismissal of an employee who is on vacation;
- Art. 116, which explains who is entitled to additional days paid by the employer on vacation days;
- Art. 117 concerning workers with harmful or dangerous working conditions;
- Art. 118, affecting employees with a specialized nature of work;
- Art. 119, which applies to citizens working according to the rules of irregular working hours;
- Art. 127, which regulates the employee’s right to monetary compensation for an unused additional rest period in case of dismissal;
- Art. 128, explaining which categories of people laid vacation periods without pay.
The duration and types of various holiday periods are described in Chapter 19 of the Labor Code of the Russian Federation. Below you can find the answer to the question of what leave is required for a working pensioner.
Kinds
In Russia, the following types of vacation must be granted to working pensioners without fail:
- annual paid, which is due to all working citizens without exception, in the amount of 28 calendar days once a year, however, provided that the citizen has worked in one place for more than 6 months;
- additional paid, the duration of which depends on the nature of the work;
- additional leave without salary (i.e. unpaid), which can be provided to a citizen for good reason and only after the final decision of the head.
On the basis of a written application, the employer must provide the working pensioner with the above vacation days. Depending on the type of pension received, the rest period ranges from 14 to 60 days.
Paid Extra Leave
In order to understand whether additional paid leave is granted to a working pensioner, you should refer to the legislation of the Russian Federation. According to the law, the labor activity of citizens in retirement can be attributed to special types of work, since these people decided to continue to work with the already existing right to rest. For this reason, an additional vacation time is provided for this category of people. This period can be partially or fully attached to the main vacation time. At the request of the employee, this period can be replaced with monetary compensation.
Categories of hazardous and hazardous industries
The payment limit applies only to people who work in hazardous and hazardous industries. The number of additional days depends on the group to which a particular pensioner belongs. These categories are:
- people working as part of an irregular working day;
- citizens involved in work of a special nature;
- pensioners working in the Far North;
- people working in territories that are equated to the Far North;
- workers of hazardous and hazardous industries;
- people with a disability, which is confirmed by special documents;
- liquidators of the consequences of the Chernobyl disaster.
The Labor Code of the Russian Federation provides an opportunity for employers to establish additional leave for working retirees on their own, if this does not contradict the legislative regulations. At the same time, the organization should have production and financial capabilities to provide such a rest time.
The procedure and conditions in this situation are regulated by local legislative regulations or collective agreements drawn up taking into account the views of the trade union.
Extra vacation without payment
Holidays for working pensioners without or without salary may be granted on the conditions specified in Art. 128 of the Labor Code of the Russian Federation. A similar rest is granted to all retired citizens who are not listed in Art. 116–119 of this law. The number of additional periods for different categories of persons is as follows:
- working people who receive an old-age pension - 14 days;
- WWII participants - 35 days;
- disabled people - 60 days;
- labor veterans - 35 days;
- relatives (parents or spouses) of military personnel who died as a result of a disease caused by military service, or in the performance of their duties, - 14 days;
- at the conclusion of marriage or the death of close relatives - 5 days.
This article of the Labor Code of the Russian Federation explains whether additional pension is granted to working pensioners without pay. Such a vacation lasting 14 days is supposed to be for all former military personnel, working retirees by age and other citizens, except for veterans, disabled people and groups of people equated to them.
The employer does not have the right to recall the employee from unpaid leave, whether it is a working pensioner or other person. This is only possible in cases of force majeure. Only 14 days of such vacation time are counted in the insurance period.
Rules and procedure for registration
Extra rest in most cases is provided immediately after the end of the main one. In order to determine the procedure for granting leave to working pensioners, as well as other categories of citizens, we turn to the stages of its receipt:
- filing an application addressed to the head;
- registering it in a special journal;
- waiting for the consent of the director and his signature.
What happens next? The personnel department, after all such procedures, prepares an order for additional leave for a working pensioner on the basis of a statement certified by the director. This document is also approved by the manager. The employee must read it and sign it.
In the article, we examined whether a working pensioner is entitled to additional leave, as well as the procedure and conditions for its provision.