Annual paid leave must be provided to the employee. When does an employee have the right to vacation?

In accordance with the Constitution of the Russian Federation, everyone has the right to rest. It consists of providing days off and holidays, paid and unpaid vacations. 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 job duties. It is due to the employee annually. Annual basic paid leave is provided not for the calendar year, but for the working year (calculated from the date of hiring). When a person goes on vacation, his average salary and job will be retained.

There are several types of paid and unpaid leave: basic annual leave (minimum and extended), additional, educational, maternity, without pay. Whether it is a fixed-term or open-ended contract, part-time work or at home does not matter. If a person is granted annual basic paid leave, it means that the main condition has been met - the labor relationship “employee - employer” has been formalized.

Who is entitled to annual basic paid leave?

All employees hired under an employment contract are provided with annual basic paid leave. But a person can also be registered under a contract of a civil nature. If the issues of granting leave are not specified in it, then the provisions of this paragraph do not apply.

The duration of the annual basic paid leave is the well-known 28 days: calendar days off + working days. Days that fall on national holidays should not be included in this period. If they fall during this time, the vacation is subject to extension. Therefore, the annual basic paid leave is a minimum of 4 weeks. An employee cannot be transferred to another job/position during the vacation period, nor can he be fired (an exception to the rule is the liquidation of an enterprise).

Who is entitled to a vacation period of more than 28 days?

There are categories of people who are granted annual basic paid leave of more than the minimum required duration. So, it lasts (in calendar days): for workers under the age of majority - 31; disabled people – at least 30; civil servants of senior and main positions - 35; civil servants of other positions, municipal employees, judges - at least 30; candidates of science - 36; Doctors of Science - 48; teachers, instructors, professors of secondary specialized and higher educational institutions - 42-56; prosecutors and investigators - 30. For them, this is the so-called annual basic extended paid leave.

What is additional leave?

In addition to the basic (minimum and extended) annual additional paid leave is possible. Is it regulated by the Labor Code of the Russian Federation or is it a direct decision of the employer. Such leave is added to the main one and can be 6-36 additional days. Their number is also influenced by their length of service. Associated with the special nature of the work - dangerous working conditions harmful to human life and health, irregular working hours, work in the Far North and equivalent areas. The duration of annual paid leave consists of the summed main and additional leave periods.

If, as a result of a special inspection, dangerous or harmful working conditions of degree 2–4 are identified, the employee is entitled to at least an additional 7 days of rest. This provision must be stated in the employment contract. If vacation is more than a week, the employee has the right to replace the days exceeding the minimum allowable limit with compensation in cash equivalent. In this case, the conditions, procedure and amount of monetary payment must be fixed in collective agreements, industry (inter-industry) agreement, and the employee must give written consent to replace rest days with financial compensation by signing an additional agreement to the employment contract. The length of service will include the days actually worked under these conditions.

Based on the decision of the Government of Russia, a list of positions has been identified in which people have the right to receive additional days of rest for special working conditions. As an example: scientific and pedagogical personnel with over 10 years of experience have plus 5 vacation days, over 15 years – 10, over 20 years – 15 days of rest. The parameters are similar for investigators and prosecutors.

For irregular working days (overtime), an additional three additional days of rest are required. The number of days is stipulated by collective agreements and depends on the labor regulations approved in the organization or enterprise. In state institutions of federal subordination, the procedure and conditions for such leave are stipulated by federal regulatory legal acts; for state institutions of the constituent entities of Russia this is the regulatory legal framework of the state authorities of the constituent entities, for municipal institutions - accordingly, the standard of local self-government. If enterprises do not provide additional days of rest for irregular work, overtime should be counted as overtime only with the written consent of the employee.

For performing work in the Far North, the right to an additional 24 days of rest is provided. People working in areas equated to the regions of the Far North have 16 days of vacation in addition to the basic one. Geographically, the regions of the Far North are fixed at the legislative level.

Based on the employer’s decision, which does not contradict the law, taking into account the opinions 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 accumulated length of service, which includes not only actual time worked, but also periods of temporary disability, vacations, weekends, holidays, forced absences (in case of dismissal from a position with subsequent reinstatement). Absenteeism due to one’s own fault, for example, cannot be included in the length of service.

Procedure for granting annual leave

When applying for a job, an employee has the right to annual leave after six months of continuous work from a representative of the employer. Leave may be granted earlier than due by mutual agreement of the parties in relation to: minor citizens; workers who have adopted a child under 3 months of age, women before they go on 140- or 156-day leave related to pregnancy and childbirth.

Further, the provision of annual basic paid leave is carried out by the employer within the framework of the approved leave schedule, as a rule, indicating specific dates. The schedule is mandatory and determines the order of employees when they go on vacation. It is approved for the next calendar year 2 weeks before the end of the current year. The position of the trade union organization must be taken into account.

According to the schedule, the employee is not required to apply for annual leave. The employee must be notified by signature about the time of his leave no later than 14 days before it starts. An alert can be a notification. Next, management issues an order that contains information about the timing (start and end dates), the time period worked (working year), for which the employee is sent on vacation. The duration of the annual main leave (the number of days of rest provided) is important. For additional leave, clarification is required (which one is provided).

For some categories of citizens, leave can be granted at their discretion at a time convenient for them. Thus, a man - regardless of the length of his work with a given employer - may be entitled to leave if his wife is pregnant and has already taken leave for this reason.

Is it justified to extend or postpone the vacation to another time?

While on sick leave or performing government duties during the vacation period, vacation (by agreement with the employee) must be extended or postponed to another time. If such grounds arise, the employee should notify management about the situation in order to extend the vacation period by the required number of days. In this case, work on annual leave, under circumstances consistent with the law, will be paid, and additional days for which the vacation period is extended will not be paid, since they have already been paid earlier. The right to extend the employee’s vacation is fixed in the new order.

If the 14-day notice period for an employee going on vacation is not met, the employer is required by law to reschedule the employee’s vacation to another time. To do this, you only need a written statement from the employee. A similar situation is possible if vacation pay is not paid on time, which should be received by the employee within three days.

In cases in which the provision of annual paid leave this year may have a negative impact on the productivity of the organization or 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 taken within a year of the end date of the previous working year. The basis for postponing the vacation period is the order, as well as the inclusion of the remaining days in the vacation schedule for the coming year along with the due new vacation.

The employer's representative does not have the right to refuse to provide vacation days to an employee for two years in a row. It is impossible not to provide leave to minor citizens and people working in dangerous or harmful working conditions, even if people are ready to work without rest.

Is it necessary to go on vacation for all days?

If an agreement is reached between the employee and the employer's representative, the period of annual leave may be divided into uneven parts and granted in different months throughout the year. This breakdown must be taken into account in the vacation schedule. One part of the vacation period must remain at least 2 weeks! If the employer’s representative does not make concessions on this issue and insists on the full use of all days due to the employee, the vacation is taken off in its entirety without partial splitting.

Is it legal to call a person back from vacation?

Only by agreement with the employee can he be called back from vacation. In this case, unused annual leave is granted at any other suitable time in the current or subsequent working year. If an employee refuses to interrupt his rest, his refusal should not be correlated with a violation of labor discipline. If the vacation was interrupted, an order is prepared confirming the fact of going to work, the reason, and the balance of unused days. Funds paid for the remaining time are subject to return to the organization’s budget or are taken into account when calculating the next salary.

It is strictly forbidden to recall from vacation citizens under the age of majority, employees working in conditions harmful or dangerous to life and health, and pregnant women. Even if the review is related to their direct expression of will.

Who is entitled to monetary compensation?

Providing annual leave can be replaced by compensation in cash. In this case, only part of the vacation period will be subject to replacement, which must exceed 4 weeks. If there are several annual vacation periods (for example, in the case of transferring days to the upcoming working year), part of each of them can be received in cash, but only if it exceeds 28 days.

To receive compensation, an employee must contact the employer's representative with a written application. An employee's decision on compensation, made in writing, does not serve as an obligation for the employer to pay financial resources. The amount of payments will be determined from average earnings in proportion to the amount of time worked, taking into account the vacation used. Pregnant women and minor citizens are not entitled to receive monetary compensation for unused primary and additional leave, and for annual additional leave - employees working in conditions that are harmful or dangerous to their life and health. Even if it is their desire or an agreed upon decision.

Vacation and dismissal

Upon dismissal, monetary compensation for vacation is due to everyone and for all vacation periods, regardless of their duration. You can also take off all unused vacation periods with subsequent dismissal, if it is not a consequence of guilty actions. Vacation with further dismissal is given based on the results of a statement written by the employee and a subsequent order issued.

The last day of vacation will be the day of dismissal, and the last working day will be the working day before the vacation. You can also withdraw your application if the vacation period has not begun and you have not had time to invite a new employee to the vacant job in the near future. In case of illness that overtakes a person during vacation, he is entitled to paid sick leave. At the same time, you cannot increase your vacation by days of incapacity. At the end of a 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 going on vacation.

Family leave required. What should I do?

If there are good reasons, for example, for family reasons, you can go on vacation without saving pay. Such a vacation can be either short-term or long-term. To do this, you should write an application taking into account the agreements reached with the employer on terms and duration. The application must indicate a valid reason. The employer's decision can be either positive or negative. There are no criteria for making one decision or another.

If there is a positive decision, an order is issued. When going on leave without pay for a period of more than 14 days, it cannot be included in the total length of service. Unpaid leave can be interrupted at any time by notifying the employer's representative of your intention to return to work.

Without fail, upon application, leave without pay must be granted to: WWII participants - no more than 35 days; for old-age pensioners who continue to work - no more than 14; working disabled people - no more than 60; employees at the birth of children, weddings, death of closest relatives - no more than 5; parents, spouses of military personnel who died/died due to injury, concussion or injury in military service, as well as employees of various bodies (internal affairs bodies, customs services, criminal correctional authorities and others) - no more than 14 days. Employees who are allowed to take entrance tests to universities are entitled to up to 15 days, and to college students – up to 10 days. If a person works at his main job and part-time, but in the combined position his vacation is less than the duration of the vacation for his main job, then he is supposed to take off the missing days.

The Labor Code of the Russian Federation clearly states the right of a working person to daily rest. Each of us needs to know exactly how to realize this opportunity and not be deceived. To do this, just look at the legislation that regulates this industry.

When does the right arise?

Every working person has the right to annual rest, which is paid for by the employer. This is spelled out in the Labor Code and was invented so that the employee can regain strength and energetically begin work after the holidays. At the same time, it is not necessary to work for a whole year in a company in order to be provided with such “vacations”.

In the first year of work, the right to rest already arises in 6 months after employment. Starting from the second working year, vacation is provided in accordance with the internal schedule and can fall at any time of the year. The working year begins on the day the employee is hired for the position.

By mutual agreement, a period of rest may be granted before six months have passed from the date of employment. But the employer has the right to refuse such holidays if the employee does not belong to a special category.

There are several cases where unique leave entitlements arise. These are employees under 18 years of age, employees whose wife is on maternity leave, maternity leave at any time, adoptive parents of a child under 3 months, parents of a disabled person since childhood, single mothers and fathers who have more than two children under 12 years of age.

Also have special rights to “vacation” those employees for whom this work is part-time. They have the right to leave, which will coincide with rest at their main place of work. If a company employee is called to the workplace early from vacation, he should be able to either take these days off at any time or add them to the next rest period. Also, by mutual agreement, the missed period can be compensated by financial payments.

The six-month period after which you can apply for rest includes next days:

Directly working hours.
All holidays, weekends, as well as those days when the employee did not work, but his place was retained.
Absenteeism and time away from work are not the fault of the employee.
Other periods specified by law.

It is important to know that failure to comply with the law, including denial of leave for two working years, is grounds for bringing the employer to justice. administrative responsibility. At the same time, the period considered to be a working year does not include periods of absenteeism and absence of an employee on site due to his fault.

The main regulatory document that regulates the right to leave is the Labor Code of the Russian Federation, Art. . . . In Art. 334 of the Labor Code of the Russian Federation stipulates a longer period of rest for teaching and medical workers. It amounts to 45 days.

Articles of the Labor Code of the Russian Federation stipulate additional rest periods for hazardous workers. They also set holiday periods for people working in special climatic conditions.

Explains in detail the rules for calculating the duration of vacation, and Art. 123 emphasizes the rule of turn in the distribution of rest periods.

If the boss somehow violates the current legislation, the employee has the right to complain to the Labor Inspectorate. To do this, it is enough to create written statement.

The regulatory framework that regulates the provision of paid leave also includes special narrow-profile documents from individual departments. In particular:

Law of the Russian Federation No. 4520-1. It sets out the rules for providing rest for those who work in the Far North.
Law No. 1244-1. About citizens who worked at the Chernobyl nuclear power plant and were exposed to radiation.
Law No. 3132-1 on the status of judges.

These documents contain additional information about leaves provided to government employees and citizens with special working conditions.

Each company has a vacation schedule, according to which all employees go on vacation in order of priority. Eat employee groups who have the opportunity to go on vacation at a time convenient for them, regardless of their schedule:

Disabled people of WWII.
Students receiving their first higher education.
Heroes of the USSR and Russia, as well as social labor.
Spouses of military personnel have the right to receive leave together with their husband or wife.
Victims during the liquidation of the Chernobyl nuclear power plant.
Workers under 18 years of age.
Those who did not take their last vacation completely due to being called to work.

If for some reason the company administration wants to postpone an employee’s vacation to an earlier or later time, then it is obliged to notify the employee no later than two weeks before the start of the vacation.

If the period for which rest is granted is equal to a working year, then the leave should be 28 days. By agreement between the employee and the boss, the period can be divided into several parts. In this case one of them should be at least 14 days.

Algorithm for sending an employee on vacation next:

It is necessary to inform the employee about the deadlines.
The employee must write a statement, this is not always necessary, it all depends on the internal rules of the company.
The HR department draws up an order in the T-6 form.
The accounting department calculates vacation pay.
Pay all charges. Payment must be made no later than three days before the start of the holidays.
The vacation must be recorded in the employee’s personal card.
Mark the days of rest on the timesheet with the mark “09”.

Vacation pay is calculated by calculating the total amount of earnings for 12 months. Then this amount is divided by 12 and 29.3. Thus, the average income per day is calculated. This income is multiplied by the number of vacation days. The amount received must be paid to the worker.

It is important to know that annual leave is not assigned to those who work under a civil labor contract. Such employees are subject to administrative legislation.

The number of days can be reduced or extended by agreement with management. To extend leave, there must be a valid reason, documented, in particular illness or temporary inability to perform one’s duties.

During the annual vacation, the employee has the right, if desired, to write a letter of resignation. Two weeks later, the boss is obliged to sign an order to dismiss the worker. Such a statement can be written before going on vacation, if you are required to provide it, you still must take the day off and receive vacation pay. All these rules apply to the main leave, which is mandatory for all employees. Different laws apply for additional leave.

Working year-round without a break is not only difficult, but also a violation of the law on the part of the employer. The enterprise administration does not have the right to postpone a well-deserved annual vacation for more than two years in a row. The main thing is that you are warned about the upcoming “vacations” not in the last 24 hours, but at least two weeks in advance. Otherwise, you have the right to refuse a vacation during this period.

The video provides detailed information on this issue.

While working at an enterprise, every employee has the right to rest. This applies not only to weekends, but also to longer absences from work. The right is specified in state law and in the collective agreement. The number of days provided for rest to the employee is also specified here. Time off is given not only for outdoor recreation or travel to distant countries; there are also other days off from work provided to citizens as needed.

As the Labor Code says, regular vacation is granted for a certain number of days. The employee retains his job and salary. According to the labor law, a citizen can rest for 28 calendar days.

The Constitution also guards the protection of the interests of workers, and Article 37, Part 5 states that a citizen working under an employment contract has the right to take paid rest every year. This right arises regardless of the form of ownership and size of the enterprise. Providing annual paid leave in accordance with the Labor Code of the Russian Federation is possible not only for employees at their main place of work. This privilege is enjoyed by hired employees who work part-time or are temporarily at the workplace. Seasonal workers also go on vacation. The employer does not have the right to set restrictions or cancel the annual rest of its employees.

An employee can go on another vacation only according to the vacation schedule. The document contains the order in which each working citizen goes on weekends.

Vacation is absence from work for a certain number of days. Interruption of rest is unacceptable unless it is caused by extreme necessity. The opportunity to rest is provided to the worker regardless of nationality, position, or skill level. This opportunity is given to a worker who has been working for the benefit of the company for more than six months.

But there are exceptions in the law when people go on vacation before their work experience in a given company has reached 6 months.

The following is a list of categories of employees specified in the exception:

a woman obtaining a certificate of incapacity for work with a diagnosis of pregnancy. There is a concept of “maternity leave”;
minor worker;
the employee’s family has a foster child under three years of age;
providing time off for other needs not related to the main job. This includes taking a session, going to a funeral, etc.

According to the Labor Code of the Russian Federation, annual paid leave is provided for 28 calendar days. But there are professions whose rest exceeds the established norms. This condition is prescribed in legislative acts (Article 115 part 2 of the Labor Code) and in the agreement between the employer and the employee.

minor employees can rest for 31 days;
citizens classified as disabled rest 30 cal. days;
teachers and others working in children's institutions are absent from work for 42 days;
teachers, teachers and other employees of educational institutions rest from 42 days to 56;
employees of the prosecutor's office go on vacation for thirty calories. days.

For part-time workers, long days off are also expected, but in accordance with Article 286, prescribed in the Labor Code, they are given simultaneously both at the main place of work and at the second job. If it turns out that the combined work is completed in less than six months, then the leave is given as an advance. At the same time, the number of days off is not reduced. The moment of granting advance rest can be specified in the employment contract or collective agreement.

The number of days an employee is absent from the workplace is calculated taking into account holidays. This means that days off granted due to holidays automatically extend the duration of the vacation.

There are also a number of other circumstances according to which annual leave under the Labor Code of the Russian Federation is extended:

the number of days spent on sick leave during the main rest period, upon provision of a supporting document (certificate of incapacity for work);
During the rest period, the employee had to perform government duties. Leave is extended if this type of work provides for release from work at the main place;
other cases prescribed in legislative acts or regulatory documents of the organization.

Article 122 of the Labor Code does not prohibit dividing the next vacation into several stages if work conditions require it or at the request of the employee himself. In this case, the condition must be met that one of the stages lasts at least 2 weeks.

Vacation can be provided not only by an enterprise for its employees, but also by an educational institution for students. This type of recreation is called academic. The norms are prescribed in Article 34 of the Education Law in the twelfth paragraph. The duration of exemption from classes cannot exceed two years.

In what cases is leave granted at an educational institution:

due to health reasons. The occurrence of circumstances that do not allow further training. For confirmation, provide a medical examination report and other certificates;
for family reasons. This could be pregnancy, if you need to care for a sick child or relative. Provide documents confirming the reason;
conscription into the army. The application is accompanied by a summons, which indicates the conscript’s personal data and length of service;
other cases. This could be the funeral of a close relative, or an internship abroad.

A citizen, during the academic period, continues to be a student, all rights and privileges are retained.

In addition to the main type of rest, labor law provides for the provision of additional paid leave every year to certain categories of employees in accordance with the rules of the Labor Code of the Russian Federation.

The standards are prescribed in the labor law:

Article number 117, prescribed in the Labor Code, indicates workers whose performance of official duties takes place in an environment that poses a danger to life and threatens health. The conditions are determined by a special commission involved in the certification of jobs. In this case, you can add 7 days, calculated according to the calendar, to the main vacation or take them off at another time. The right to receive time off is prescribed at the legislative level, in the employment contract concluded between the person performing the work and the enterprise.
Article number 118 of the labor law states that additional days off are given to employees performing work under special conditions prescribed in Government Resolution number 1588. However, as of 2019, the document does not have a clear list of specialties defined as special conditions .The employer can independently compile a list of positions or employees (both positions and employees can be specified in the document at the same time) for which additional leave is possible. Vacation pay is paid by the company.
Article 119 of the labor law notes that additional days off should be provided to those who work and have irregular working hours. The conditions are specified in the collective agreement and are also specified in the internal regulations of the enterprise. Additional days off are provided in the amount of three days, calculated according to the calendar. The right is enshrined at the legislative level.
Article 321 of the labor law and the Federal Law of 1993 under number 4520/1 state that citizens working in the Far North must require 24 cal. day, in addition to the main type of recreation. The performance of official duties is carried out in a territory equivalent to northern conditions, the citizen receives 16 days off. At enterprises located in areas as close as possible to the northern regions, rest may increase by 8 calendar days. It is worth noting that even part-time workers whose duties involve labor in the Far North, according to Article 302 of the Labor Code, can receive additional days for rest.
Other categories of workers specified in other regulations. These are athletes, coaches, employees of the Ministry of Internal Affairs, liquidators at the Chernobyl nuclear power plant, mothers recognized as having many children.

The employer does not have the right to limit the number of days provided in additional leave, other than those established by law. On the part of the enterprise administration, the period of rest is regulated, the additional rest can be divided into several stages. Decisions are agreed upon with the employee.

Additional paid leave is equal to the main one and the employee is given vacation pay.

Also, the Labor Code does not prohibit taking vacation without pay.

The law specifies certain categories of employees entitled to free holidays:

participants in combat operations in the Great Patriotic War. They are expected to have 55 days off from work;
citizens of retirement age working at the enterprise. This category can count on 14 calendar days;
relatives of military personnel who died in the line of duty. These include parents, wives, husbands. The category rests for two weeks at its own expense;
You are required to take free leave: in connection with a wedding, funeral or birth of a child. They are allowed to attend these events for 5 days;
a mother with single status is entitled to two weeks of free vacation.

Any employee of the organization can go on a weekend free of charge by writing a statement and describing a valid reason. For its part, the employer decides whether to release the worker or not, taking into account the reason, how compelling it is.

The right of a worker to annual rest is protected by Article 122 of the Labor Code of the Russian Federation. Therefore, any violation of this right is punishable by administrative liability and fines. This norm is prescribed in the Code of Administrative Offenses (CAO).

The Labor Code states that a citizen is obliged to take paid leave every year; this cannot be denied to him. For employees under 18 years of age, the law expressly prohibits no leave at all.

Penalties are provided for such actions:

violator is a legal entity. If the fact of non-compliance with the law is noted for the first time, then the monetary penalty will be from 30,000 to 50,000 rubles, subsequent ones face penalties of up to 70,000 rubles. Fines are imposed in accordance with Article 5.27 of the Code of Administrative Offenses in the first part;
for violators of individual entrepreneurs and officials for the first non-compliance from 1000 to 5000 rubles. If the second and subsequent ones, then a fine of 10 thousand to 20 thousand rubles is imposed. For officials, a second violation will result in disqualification for a period of 1-3 years. Regulated by Article 5.27 of the Code of Administrative Offences, part two.

If an employee does not take a legal vacation and the company is to blame, then these days remain assigned to the worker and become the company’s debt obligations. They can be carried forward to the next year and inserted into a fresh vacation schedule or by agreement with the employer.

The opposite effect is often observed; the employee himself consciously refuses to take a long annual leave. He is familiar with the vacation plan for other employees.

The vacation plan drawn up at the enterprise is mandatory for both the employer and the citizen who is an employee in this company. Failure to comply on the part of the employee is a violation of discipline regulated in Article 192 of the Labor Law. The employer has the right to reprimand the employee, and other types of punishment are at the discretion of the director.

Interruption of vacation without serious reasons is not allowed, but if the employee returned to the workplace without permission during the annual rest period, then this moment must be recorded. In the future, the employee does not have the right to demand money for vacation not taken on his initiative.

It is prohibited to take annual leave on a day off, even if there is an application from the employee. This action is a direct violation of workers' rights, since it reduces the number of available vacation days and increases working hours. The norm is fixed in Article 21 of the Labor Law, in paragraphs 6 and 12.

The Labor Code directly prohibits replacing paid leave with monetary compensation. The only case when days off that are not taken off are paid in cash is upon dismissal, as one of the types of compensation payments. The norm is regulated in Article 127 of the Labor Code of the Russian Federation.

Annual paid holidays

According to Art. 114, 115 of the Labor Code of the Russian Federation, employees are provided with annual paid leave while maintaining their place of work (position) and average earnings.
Annual basic paid leave is provided to employees for 28 calendar days. Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code and other federal laws.
Persons who have entered into an employment contract for a period of up to 2 months, for part-time work, for seasonal work, for an individual, are granted annual paid leave in accordance with the rules defining the specifics of the legal regulation of labor for this category of workers (Articles 286, 291 , 295, 305 TK):
- persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for 6 months at a part-time job, then leave is provided in advance. If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay of the corresponding duration;
- employees who have entered into an employment contract for a period of up to 2 months are provided with paid leave or compensation upon dismissal at the rate of 2 working days per month of work;
- employees engaged in seasonal work are provided with paid leave at the rate of 2 working days for each month of work;
- the working hours, the procedure for providing days off and annual paid leave for employees working for employers - individuals, are determined by agreement between the employee and the employer - an individual.
At the same time, the length of the working week cannot be longer, and the duration of annual paid leave cannot be less than established by the Labor Code.
Employees are provided with two types of annual paid leave:
- annual basic paid holidays (Article 115 of the Labor Code);
- annual additional paid leave (Article 116 of the Labor Code).
Payment for vacation time is made no later than 3 days before its start (Article 136 of the Labor Code).

Annual additional paid holidays

According to Articles 116, 117, 118 and 119 of the Labor Code of the Russian Federation, the provision of annual additional paid leave is intended mainly to compensate or neutralize the impact of certain adverse factors on the employee’s health during work.

Annual additional paid leave is provided:
- employees engaged in work with harmful and (or) dangerous working conditions;
- employees with a special nature of work;
- employees with irregular working hours;
- employees working in the Far North and equivalent areas;
- in other cases provided for by the Labor Code and other federal laws.
Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by the Labor Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or other local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions is provided to:
- in underground mining;
- in open-pit mining in open pits and quarries;
- in areas of radioactive contamination;
- at other jobs associated with irreparable adverse effects on human health from harmful physical, chemical, biological and other factors.
The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
Currently, before the adoption of the relevant lists, there is a List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions dated October 25, 1974 No. 298/P -22 with subsequent changes and additions. The procedure for applying the List is determined by the Instruction approved by the Decree of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 No. 273/P - 20. The duration of leave is established in the List for each job, position and ranges from 6 to 36 working days.
Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of 07/02/1990 No. 647 for workers of industrial production personnel in the coal, shale, mining industries and some other basic industries introduced additional leave for work not only in hazardous working conditions, but also in underground conditions, open pits , quarries lasting from 4 to 24 calendar days. Both types of these additional leaves are provided on the basis of a special List approved by Decree of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated July 2, 1990 No. 647, which lists the types of production, work, names of professions and positions, in addition, for each of them the duration of the additional leave is indicated leave for work in underground conditions, in open-pit mines, quarries, as well as the maximum duration of additional leave for work in hazardous working conditions.
In a collective agreement or other local regulatory legal act, employees engaged in work with harmful and (or) dangerous working conditions may be provided with additional paid leave of longer duration.

Annual additional paid leave for employees with irregular working hours is provided duration, which is determined by the collective agreement or the internal labor regulations of the organization and cannot be less than 3 calendar days.
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, government bodies of a constituent entity of the Russian Federation, and in organizations financed from the local budget - by local government bodies.

Annual additional paid leave for the special nature of the work is provided certain categories of workers whose work is related to the specific characteristics of the work. The list of categories of employees who are entitled to annual additional paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for its provision, is determined by the Government of the Russian Federation.

Procedure and priority for granting annual paid leave

According to Articles 122 and 123 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. The right to use vacation for the first year of work for an employee after 6 months of continuous work with this employer. By agreement of the parties, paid leave can be granted to the employee before the expiration of 6 months.
Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be granted:
- for women - before maternity leave or immediately after it;
- employees under 18 years of age;
- employees who adopted a child (children) under the age of 3 months;
- in other cases provided for by federal laws.
The length of service required to receive annual leave must be continuous. This means that vacation is granted only for the period of work for a given employer, i.e. when an employee quits, he must fully complete his vacation calculations, receiving monetary compensation for his unused days.
Leave for the second and subsequent years can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
The sequence of vacations provided is established by the schedule. The vacation schedule must be drawn up by the employer taking into account the opinion of the elected body of the trade union organization for each calendar year and approved no later than two weeks before the start of the calendar year, in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations.
Vacation schedule- This is a local regulatory act, mandatory for execution by both the employer and employees. The employee must be notified of the start time of the vacation no later than two weeks before it begins, against signature.
Vacations can be granted at any time during the year, but without disrupting the normal functioning of the organization. When drawing up a schedule, the position of workers and the features of the production process are taken into account. If an employee is not satisfied with the vacation time established in the schedule, he can ask the employer and the relevant elected trade union body of the organization to change this time.
Certain categories of employees, in cases provided for by the Labor Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. These include:
- workers under the age of 18 (Article 267 of the Labor Code);
- participants of the Great Patriotic War, war invalids, combat veterans;
- labor veterans (Articles 14-20 of the Law on Veterans);
- Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory;
- Heroes of Socialist Labor and full holders of the Order of Labor Glory;
- persons awarded the “Honorary Donor of Russia” badge;
- persons who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate its consequences.
At the request of the husband, he is granted annual paid leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.
In cases where an employee has the right to choose when to use vacation, when drawing up a schedule, it is advisable to invite him to write a statement about what time he would like to receive vacation. When drawing up a schedule taking into account such a statement, you can subsequently change the time of use of vacation only by mutual agreement of the parties.

Extension or postponement of annual
paid leave, dividing it into parts.
Revocation from vacation, replacement with monetary compensation

According to Art. 124, 125, 126 of the Labor Code of the Russian Federation, annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee in the following cases:
1) temporary disability of the employee;
2) the employee performs state duties during the annual paid leave, if for this purpose the labor legislation provides for exemption from work (Article 170 of the Labor Code);
3) in other cases provided for by labor legislation and local regulations.
In these cases, the vacation is automatically extended by the corresponding number of days. The employee must notify the employer of the extension of leave.
If the employee was not paid in a timely manner (i.e. later than 3 days before the start of the vacation) for the duration of this vacation or the employee was warned about the start time of the vacation later than 2 weeks before it began, then the employer, upon the written application of the employee, is obliged transfer annual paid leave to another date agreed with the employee.
In exceptional cases, when the provision of leave to an employee in the current year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.
It is prohibited, regardless of the nature of the circumstances, failure to provide annual paid leave for 2 consecutive years. Employees under the age of 18, as well as those employed in jobs with harmful and (or) dangerous working conditions, should be granted paid leave only annually.
Annual paid leave can be divided into parts by agreement between the employee and the employer. The initiative to share leave usually comes from the employee, but the employer's consent is required. Vacation can be divided into several parts, but it is necessary that at least one of them be at least 14 calendar days.
The employer may recall the employee from vacation if this is necessary for certain production needs, but only with his consent. The law does not stipulate the form of such an agreement; however, in order to avoid misunderstandings, it is advisable to obtain the employee’s written consent to recall from leave.
In turn, the employee has the right to refuse to go to work until the end of the vacation period. Such a refusal (regardless of the reasons) cannot be considered a violation of labor discipline. Recall from vacation is formalized by an order (instruction) of the employer, which, by agreement between the employee and the employer, indicates when the employee will be given the unused part of the vacation. At the employee’s choice, it must be provided to him at a time convenient for him in the current working year or added to the vacation for the next working year.
Employees under the age of 18, pregnant women, and employees engaged in work with harmful and (or) dangerous working conditions cannot be recalled from annual basic and additional paid leave, even if they give their consent to this.
Labor legislation (Article 126 of the Labor Code) allows replacing part of the annual leave with monetary compensation. In this case, only that part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation, and only if the employee himself requests such a replacement, and in writing (in an application). When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace the part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
Replacement of annual basic and additional paid leave with monetary compensation for pregnant women and employees under the age of 18, as well as annual additional paid leave for employees engaged in hard work with harmful and (or) dangerous working conditions, is not allowed.

Calculation of the duration of annual paid leave and length of service giving the right to annual basic paid leave

According to Art. 120, 121 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to the maximum limit. The number of calendar days of annual basic and additional paid leave provided to an employee does not include and does not pay for non-working holidays falling within its period.
When calculating the total duration of annual paid leave, additional paid leave is added to the annual paid leave.
The employee has the right to basic annual paid leave from the first day of work, but to receive this leave, a certain length of service with a given employer is required, and only if such experience is available, the employee has the right to demand leave, and the employer is obliged to provide it.
The length of service that gives the right to basic annual paid leave includes:
- time of actual work;
- the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time annual paid leave, non-working holidays, days off and other rest days provided to the employee;
- time of forced absenteeism due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
- the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own.
In accordance with Part 6 of Art. 40 of the Code of Criminal Procedure, those sentenced to correctional labor have the right to annual paid leave and, therefore, the time spent serving correctional labor is included in the length of service for vacation.
The length of leave for leave also includes the time of forced absence in the event of illegal dismissal or suspension from work and subsequent reinstatement at work (Articles 76 and 394 of the Labor Code).
The period of time when the employee did not work, but in accordance with federal laws, he retained his place of work, which is taken into account in the length of service giving the right to annual basic paid leave, includes the time:
- being at military training camps;
- undergoing a medical examination, examination or treatment related to military registration;
- participation in the work of election commissions;
- appearing when summoned to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, attesting witness;
- participation in court hearings as a people's assessor, juror;
- appearing when summoned to the pension assignment commission as a witness to testify about work experience;
- annual paid holidays and educational leaves;
- training, advanced training and retraining of workers away from production and while maintaining their place of work (position);
- the employee’s presence in a medical institution for examination, if he is required to undergo it by type of activity;
- exemption from work for donors to donate blood (then days of rest);
- suspension of work by bodies of state supervision and control of compliance with labor legislation and other regulatory legal acts containing rules of law due to violation of labor protection requirements through no fault of the employee (Article 220 of the Labor Code);
- short-term leaves without pay for up to 14 calendar days during the working year, provided to employees for family reasons and other valid reasons.
The length of service that gives the right to annual basic paid leave does not include:
1) the time the employee is absent from the workplace without good reason, incl. due to his removal from work in cases provided for in Art. 76 of the Labor Code, if the employee was suspended from work through his own fault. For example, in the event of appearing at work in a state of alcohol, drug or toxic intoxication, as well as in the event that, through his own fault, he has not undergone a mandatory medical examination or training and knowledge testing;
2) the time of leave to care for a child until he reaches the age established by law (Articles 256 and 257 of the Labor Code);
3) the time of unpaid leave provided at the request of the employee, if their total duration exceeds 14 calendar days during the working year. It does not matter for what purpose the employee requests leave without pay.
The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Exercising the right to leave upon dismissal of an employee.
Leave without pay

According to Articles 127 and 128 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations, regardless of their total duration and on what grounds the employment contract is terminated (Article 395 of the Labor Code).
At the request of the employee (based on his written application), instead of compensation, he may be granted leave with subsequent dismissal (with the exception of dismissal for guilty actions). In this case, the day of dismissal will be considered the last day of vacation. This date (the last day of vacation) is entered in the work book as the date of dismissal. However, all settlements with the employer, incl. the issuance of a work book and other documents is carried out on the last day of work (Article 84.1 of the Labor Code).
Providing unused leave with subsequent dismissal is not allowed in cases where an employee is dismissed for guilty actions, for example, absenteeism, showing up at work in a state of alcohol, drug or toxic intoxication, committing theft at the place of work, etc. (Article 81 of the Labor Code).
Upon dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.
When granted leave with subsequent dismissal upon termination of the employment contract, the employee has the right to withdraw his resignation letter, but provided that the leave has not yet begun and if another employee has not been invited to take his place by way of transfer (see Article 64 of the Labor Code).
In addition to annual paid holidays, employees may be granted unpaid leave. For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, based on a written application from the employee, to provide leave without pay:
- participants of the Great Patriotic War - 35 calendar days per year;
- working old-age pensioners (by age) - up to 14 calendar days per year;
- parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties - up to 14 calendar days a year;
- working disabled people – up to 60 calendar days per year;
- employees in the event of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;
- workers caring for children, in accordance with Art. 263 TK;
- workers - Heroes of the Soviet Union, Heroes of the Russian Federation, full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - up to 3 weeks a year at a time convenient for them;
- employees admitted to entrance examinations to higher and secondary specialized educational institutions - for 15 and 10 calendar days, respectively;
- for employees studying on the job at preparatory departments at higher educational institutions, for passing entrance exams - for 15 calendar days, combining study with work, for intermediate certification - 15 calendar days in the academic year, etc. (Art. Art. 173, 174 TK);
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, incl. disabled labor veterans - from 2 weeks to one month (Article 14-20 of the Law on Veterans);
- employees in case of illness – for 3 days during the year. Unpaid leave of up to 3 days per year is granted upon the employee’s personal application without providing medical documents certifying the fact of illness.
In all cases of granting leaves without pay, regardless of their purpose and duration, they must be formalized by an order (instruction) on leave.
Having received unpaid leave, an employee can interrupt it at any time and return to work, notifying the employer about this.

In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are provided with annual paid leave while maintaining their place of work (position) and average earnings. In Part 1 of Art. 115 of the Labor Code of the Russian Federation states that annual basic paid leave is provided to employees for a duration of 28 calendar days. Extended main leave is granted for a duration exceeding 28 calendar days in accordance with current legislation.

In connection with the foregoing, it can be stated that during each working year the employee is guaranteed the right to receive annual basic paid leave of the duration provided for by law. Corresponding to this right is the employer’s obligation to provide the employee with leave of the duration established by law. Failure by the employer to fulfill the obligation to provide leave after a year of work allows the employee to independently exercise the right to leave, since its annual provision is not made by the legislator dependent on the discretion of the employer.

In accordance with Part 1 of Art. 122 of the Labor Code of the Russian Federation, annual paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work in the organization. In Art. 121 of the Labor Code of the Russian Federation lists the periods included in the length of service that give the employee the right to basic paid leave. These include: 1) time of actual work; 2) the time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position), including the time of annual paid leave and the performance of government duties; 3) the time of forced absenteeism due to illegal dismissal or illegal removal from work with subsequent reinstatement to the previous job; 4) other periods of time provided for by local acts of the organization, in particular the collective agreement, as well as the employment contract concluded with the employee. Thus, the list of periods to be included in the length of service giving the right to leave is not exhaustive. The employer is obliged to include the periods named in the first, second and third paragraphs in this length of service, but has the right, at its own expense, to expand the list of such periods.

In Part 2 of Art. 121 of the Labor Code of the Russian Federation lists periods that are not included in the length of service that gives the right to leave. These include: 1) the time the employee is absent from work without good reason, including removal from work on legal grounds, for example, when appearing at work in a state of intoxication; 2) the period of parental leave until the child reaches the age of three; 3) the time of unpaid leave granted at the request of the employee for a duration of more than seven calendar days. The list of periods that are not subject to inclusion in the length of service giving the right to leave is exhaustive. However, the employer may, at its own expense, ensure that the listed periods are included in this length of service. For example, it may include parental leave until the child reaches the age of three.

Thus, after six months of work, that is, if there is length of service giving the right to vacation, the employee receives the right to vacation for the first year of work. The exercise of this right also does not depend on the discretion of the employer, therefore, if the employer refuses to provide leave after the first six months of work, the employee can exercise the right to leave independently, since its implementation in this case does not depend on the discretion of the employer.

In Part 2 of Art. 122 of the Labor Code of the Russian Federation lists categories of employees to whom the employer is obliged to provide leave before the expiration of six months of work in the organization. These include: 1) women before or immediately after maternity leave; 2) employees under the age of eighteen; 3) an employee who has adopted a child (children) under the age of three months.

Federal laws may also name other categories of employees to whom the employer is obliged to provide leave before the expiration of six months of continuous work in the organization. The employer is obliged to provide vacation to the employees listed in the federal law before the expiration of six months of work in the organization. The employer’s refusal to fulfill this obligation is the basis for the employees specified in the federal law to exercise the right to leave independently, since the time for its provision does not depend on the discretion of the employer. The time for granting such leaves is determined by the employees listed in federal law by submitting a corresponding application to the employer.

Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of paid vacations established in the organization.

The order of provision of paid vacations is determined in accordance with the vacation schedule approved annually by the employer, taking into account the opinion of the elected trade union body of the organization no later than two weeks before the start of the calendar year. The schedule is a local regulatory act; it applies to both employees working in the organization and those entering it for work during the calendar year.

In this connection, the schedule can be appealed in court, and the employer must prove the absence of discriminatory motives when approving it. The opinion of the trade union is not binding on the employer, but it is taken into account when considering the application for invalidation as one of the evidence in the case. The employer has the right to make changes to the vacation schedule in the same manner as it was approved. Such changes can also be appealed in court.

The absence of a vacation schedule in an organization should be considered as the employer giving employees the right to independently determine the time that is convenient for them to use vacation. The employer's disagreement with the vacation time chosen by the employee, in the absence of a schedule, is not an obstacle to the exercise of the right to vacation. The employee can exercise this right independently by notifying the employer in writing about the start of the vacation no later than two weeks in advance. The period for warning the employee by the employer about the upcoming vacation is established in Part 3 of Art. 123 Labor Code of the Russian Federation. This period, by analogy, can be applied to warn the employer about the use of vacation by an employee in the absence of a vacation schedule. The application of this period by analogy ensures equality of rights when exercising the right to leave.

The vacation schedule is mandatory for both the employer and the employee. Therefore, the employer has the right, and the employee is obliged, to use vacation at the time established by the vacation schedule. The vacation schedule usually indicates the month or months of vacation use by the employee. However, the employer, in accordance with Part 3 of Art. 123 of the Labor Code of the Russian Federation is obliged to notify the employee in writing about the start of vacation no later than two weeks in advance. Failure of the employer to comply with this obligation allows the time of use of vacation to be postponed two weeks ahead, taking into account the period established by law for warning the employee about its start.

When drawing up a vacation schedule, the right of certain categories of employees to use vacation at a time convenient for them must be taken into account. Federal laws include minors, pregnant women, and disabled people. In accordance with Part 4 of Art. 123 of the Labor Code of the Russian Federation, at the request of the husband, annual leave is granted to him while his wife is on maternity leave, regardless of the time of his work in the organization. Employees listed in federal law must submit written statements to the employer prior to drawing up the schedule, indicating the time of use of vacation. In the vacation schedule, the time for granting them vacation must be determined in accordance with the applications submitted to the employer. In the future, these employees can change the time of use of vacation only by agreement with the employer. In cases where circumstances allowing the employee to independently determine the vacation time occurred after the vacation schedule was approved, the employee has the right to apply to the employer to change the vacation schedule in terms of setting the vacation time for him. This application must be satisfied either by making changes to the vacation schedule, or by granting the employee vacation not in accordance with the vacation schedule, but within the period specified in the employee’s application.

The duration of the employee's use of vacation may be determined by agreement between the employee and the employer. This agreement should not worsen the employee’s position in comparison with the law, for example, provide for the provision of leave of less duration than guaranteed by law.

In accordance with Part 9 of Art. 136 of the Labor Code of the Russian Federation, payment for vacation must be made by the employer no later than three days before its start. Failure by the employer to fulfill this obligation allows the employee to demand that he reschedule the start of the vacation, taking into account the violation of the terms of payment. In this case, by agreement between the employer and employee, a different start date for the vacation can be determined. But at the same time, the rule about paying for vacation no later than three days before it starts must be observed.

Otherwise, the agreement between the employer and the employee on the date of the vacation will limit the employee’s right to receive payment three days before its start, which is prohibited by Art. 9 Labor Code of the Russian Federation.

An employee has the right to demand that the employer extend a vacation that was not paid in a timely manner. Since before such payment it cannot be recognized that the employee used paid leave. While the employer has an obligation to provide the employee with paid leave. Violation by the employer of the rule on paying for vacation three days before it begins may not allow the employee to take advantage of it at his own discretion, for example, to go on vacation outside the locality in which he works. The employee’s lack of opportunity to use time off from work at his own discretion does not allow it to be included in the concept of “rest time.” In this connection, the employer has an obligation to ensure the implementation of the employee’s right to use vacation time at his own discretion. This right in the situation under consideration can be exercised only by postponing the start date of the vacation to a period after payment for the vacation. Until this time, the employee enjoyed unpaid leave.

Textbook "Labor Law of Russia" Mironov V.I.