The Federal Law of the Russian Federation on annual leave: how many days of vacation is laid by the Labor Code - the procedure for granting annual paid leave, the minimum and maximum duration of vacation in the Russian Federation

At work, we all dream of vacation. Let's find out when and in what quantity it is laid for us.

Any employee, according to the Law of the Labor Code of the Russian Federation, has the right to rest. There are several main reasons for which the employee has a need for a vacation interval. In addition to the annual vacation - these may be periods of gestation and birth of a child, as well as the time allotted for his upbringing or other respectful personal reasons for which vacation at their own expense is entitled.

Despite the basic legislative norms - certain changes are regularly made to the topic of the vacation law. Therefore, each employee needs to know and take into account all the amendments in the law before planning a vacation.

When can you count on a vacation period?

The main legislative norms on the rules for the provision of a vacation period are indicated by Article 115 of the Labor Code of the Russian Federation, which states that each employee is entitled to annual leave for a period of 28 days, with the corresponding payment. In order to get it, you should submit applications to the personnel department.

You can use the vacation period for the first working year after a while. Having worked out six continuous labor months in one organization. Vacation may be given an employee earlier than this period, if there is a certain agreement between the employer and the employee.

Also earlier than six months of working out, vacation is due to a certain category of citizens:

1. Not over 18 years of age.
2. Women during pregnancy and after childbirth.
3. Employees who have become guardians or adoptive parents of the baby.
4. Other options that provide for the legislation of the Russian Federation.

All subsequent annual vacation periods are highlighted in random order, based on the order of the compiled internal schedule of the organization. The document is drawn up annually. According to Article 372 of the Labor Code of the Russian Federation - the distribution of vacation payments of employees is carried out no later than two weeks before the start of the next labor schedule. To inform the employee about the dates of the beginning and end of the rest half a month before the start of their validity.

Having familiarized himself with the vacation schedule, the employee must put a signature in the corresponding column - as a sign of consent with the dates provided and deadline. For certain categories of employees whose rights are indicated by law, the vacation period is granted according to their requirement and for the time necessary for them.

So, for example, a husband can use his right to leave due to his wife’s pregnancy, regardless of how much time he worked in the organization. The law protects the employee during the vacation period from a dishonest employer: it is forbidden to dismiss the employee, lower, underestimate payment at the time of his absence at the workplace.

If at the time of dismissal the employee had unspent vacation days, the employer must appoint compensation. Compensation is not paid only when the employee himself is the culprit of the dismissal or if the employee was offered a vacation with further dismissal in connection with the end of the period of the labor agreement.

How can you transfer or extend vacation days?

Vacation days can be postponed or extended at the request of the employee in connection with some circumstances.

Mandatory for this are:

1. Situations in which the employee fulfilled public debt during his vacation and for this the legislation provides for his removal from work duties.
2. The impossibility of an employee to temporarily fulfill his duties due to injury or illness.
3. If a timely calculation and payment was not made with the employee, and the deadlines for the start of vacation were not observed. Then the employee should choose another period.
4. If the absence of an employee can cause the organization’s damage, at the request of the employee - the vacation is transferred to the next year and can be spent no later than 12 months of the current year.

It should be noted that in 24 months, each employee is obliged to go on a legal vacation. Also, it is impossible to deprive the annual vacation period with payment of persons who have not reached 18 years of age and employees related to dangerous working conditions.

The procedure for counting additional vacation days

The calculation of the annual vacation, as well as an additional period is counted on calendar days. The weekends associated with holidays that coincide with the vacation period are not introduced into the calculations. Additional leave is calculated separately, and then added to the number of days of the main vacation - this will be the full number of vacation days a year.

For example: this year, the main vacation amounted to 28 calendar days, and additional - 10 days, as a result, the total number of paid leave is 38 days a year.

To whom and for how long is the vacation?

The basic principles of the law on vacation law are regulated according to the norms prescribed in the Labor Code of the Russian Federation since 2001. To date, all laws on vacation law are contained by Chapter 19 of the Labor Code of the Russian Federation. In this chapter, all points related to the provision of the employee by the vacation period, its payment and compliance with the deadlines are considered in detail.

According to the law, in some cases the employee is allowed to extend:

1. If a vacation is granted to a woman due to the care of the baby, as well as young mothers who recently exhausted the period of maternity leave.
2. Employees who have not reached adulthood - vacation is 31 calendar day.
3. The guardians and adoptive parents of children aged not older than three months.
4. Employees related to the preferential category. In this case, an increase in the vacation period is based on the norms of the law, as well as agreements between the employee and the employer. Basically, this period is 30 calendar days.
5. Employees of the field of education, depending on the type of institution, can be a vacation from 42 to 56 calendar days.
6. Health organizations and employees of health organizations, including those who treat, diagnose patients with HIV, as well as access to such viruses. The vacation period for these employees reaches up to 36 days annually.
7. Employees of the federal public service. The calculation of the vacation period for this category of citizens depends on the position, as well as the length of service and may be from 40 to 45 days a year. Moreover, the employee has the right to additional vacation for processing and difficult conditions of service. In this case, the number of additional days is credited in addition to the previously mentioned vacation period.

Important: certain terms for counting vacation days in the law are spelled out for able -bodied citizens of the Far North and similar regions.

Also, employees of the northern regions are supposed to be additional conditions:

1. Employees of the extreme northern regions - vacation is given for 24 calendar days.
2. In other similar regions, this period is 16 days.
3. Areas in which there is an additional interest rate on wages and the regional coefficient - additional leave will be 8 days.

In addition, according to Article 122 of the Labor Code of the Russian Federation, all of the above vacation forms - the employee of the North has the right to use in advance. Employees of the mining, coal and shale industry - the vacation period is 67 days.

For employees of the chemical industry leading the development of chemical weapons, a vacation is determined based on the occupied risk group:

• for the first group - this period is 56 days
• for the second - 49 calendar days

Compensation vacation payments

It should also be taken into account that since 2013, amendments were made in Article 126 of the Labor Code of the Russian Federation regarding unused vacation periods - for such days the employee has the right to receive a cash payment.

For example: if the employee has the remains of days not spent on vacation were postponed the next year, then they are replaced by the payment of money as compensation. To receive the payment, an application is submitted to the head in the employment department.

However, there are cases that do not provide for a monetary payment in return for vacation:

1. Employees in the prerequisite period.
2. Workers with an increased risk of working conditions, as well as those associated with harmful materials.
3. Minor employees.

In such cases, the possibility of monetary compensation can be carried out only upon dismissal. In the labor legislation of the Russian Federation there is no definition of the maximum deadline for the vacation period. And this means that each employer has the right to decide the maximum duration of the vacation, however, these terms must be included in the regulatory acts of the enterprise or labor contracts, in accordance with Article 120 of the Labor Code.

Cash payments for the exceeding standard vacation period will be made at the expense of domestic funds, excluding deductions from income tax. The employee may use the right to provide unused vacation days upon dismissal based on Article 127 of the Labor Code of the Russian Federation.

To do this, the employee must draw up an appropriate application, and in this case - the last day of vacation is considered the day of dismissal. Based on this, the employee enters the work book on dismissal, the employee receives the book itself in his hands before the start of the vacation, that is, on the last working day.

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