Every person who works officially has the right to annual leave, which is paid. Payment is made on the basis of various regulations issued by state bodies. It is important to understand the rules for appointing days of rest, their duration and nuances of use.
Vacation concept
Labor leave is represented by a special period of time, which is a break in work. It is paid in full based on the employee’s salary. Everyone officially registered in any company can use this opportunity. Its main purpose is to provide days of rest to restore the working capacity of a specialist.
The annual vacation is standardly equal to 28 days, but in different jobs this period may slightly increase. Also, some categories of workers may rely on additional holidays that are paid.
Who can count on a vacation
It is provided to each employed employee, and the specialist can carry out activities not only in full-time work, but also in temporary as well as seasonal. Even specialists working remotely or concurrently can count on this opportunity.
According to the Labor Code of the Russian Federation, vacation is not allowed to be reduced or canceled. This rule does not apply to citizens who work on the basis of GPC or contract and assignment agreements.
Duration
Labor leave is granted for a specific period of time, with the citizen retaining his place, and the average earnings also remain unchanged. Its duration is prescribed in the employment contract drawn up between the specialist and the company where he works. This issue is resolved individually, but no violation of the law is permitted.
This period usually lasts 28 days. In almost every enterprise, this procedure is used to provide this opportunity so that each specialist can rest for the right amount of days.
If people work in difficult or dangerous conditions, then by the very local acts the company can extend this period, which acts as an encouragement to good work. Also during this time, people can have a good rest, which will allow them to return to the working process with renewed vigor.
Who can count on extra days
Additional leave, after which the employee can rely on the preservation of his workplace and earnings, can be granted only to some citizens. According to the Labor Code of the Russian Federation, leave over the established days is assigned to employees:
- working in dangerous or harmful conditions;
- performing their duties according to an irregular schedule;
- working in the Far North or other places with difficult conditions.
Additional days are regulated and provided on the basis of internal regulatory acts of the organization itself. For this, its production and financial features are taken into account. Additional annual leave can be assigned even to citizens who do not need it on the basis of legislation, but the management of the company itself makes such a decision.
Under the law, people who are involved in hazardous or hazardous work may require additional days of rest. This includes activities carried out underground, as well as those related to mining. Additionally, this includes the performance of work duties in areas contaminated with radiation, as well as in places that have a negative impact on the health of citizens. This may be due not only to chemical characteristics, but also even to biological, physical or other factors.
Count on additional leave can people who have identified abnormal processing. The duration of the extra days is determined by the enterprise itself. But can not last less than 3 days. If leisure is not provided, then the processing of the employee acts as overtime for the performance of official duties, therefore, it is paid in double size.
Vacation Definition
The provision of leave consists in the allocation of a certain number of days that the employee may not attend work and not perform his main duties. It is calculated in calendar days, and holidays and non-working days are not included here.
Additional days of rest are added to the main vacation.
What is required
Each person working in an organization on an official basis can count on a vacation if he has worked in the company the right amount of time. In this case, several factors are taken into account:
- the period during which the employee carried out activities in the company;
- the time when he was disabled, but at the same time retained his position and the right to leave;
- illegal forced days off or suspension from work, after which the specialist was still reinstated at the enterprise;
- other situations in which the employee did not fulfill his duties at work, while these downtimes are regulated by the direct labor agreement or collective contract, and they can also be indicated in the internal regulatory acts of the enterprise.
When calculating the days of rest, those days are not taken into account when the employee did not come to work without good reason. The seniority entitling for annual leave is six months. That is how much time a person must work to get the opportunity to fully relax. At the same time, various downtimes are taken into account, since they are not included in these six months. Therefore, often people even after 7 months of work cannot count on annual leave. How many days are provided? Typically, leave lasts 28 days, but each company’s regulatory documents may have their own unique values.
Who can not count on rest
The annual leave is not provided to all officially employed citizens, since people are not entitled to it:
- on maternity leave, as they temporarily do not fulfill their obligations under the employment contract, therefore they cannot count on such relief;
- those who left of their own free will to rest without detention for an indefinite period, and this is relevant if the duration of this period exceeds 7 days.
If people work in hazardous industries, then they may require additional days from management.
Submission Procedure
In order to rely on vacation, each employee must confirm their right to annual leave. Therefore, it is provided on the basis of conditions and rules:
- after employment at the enterprise, a citizen must work at least six months in order to be able to count on rest;
- for this, it is necessary to draw up the correct statement issued to the employer;
- often at enterprises a special schedule is formed, on the basis of which days of rest are allocated to different workers;
- Before the specialist goes on vacation, vacation pay is paid, after which the citizen may not come to work for the specified number of days.
The employer can provide days of rest even up to the moment when the employee actually works for 6 months at the enterprise, and this is usually applied to experienced and qualified workers who show high labor productivity.
Along with ordinary specialists, employees under 18 years of age or people working part-time can use the vacation.
Priority at the enterprise
The provision of leave in almost every company is carried out on the basis of a special schedule. It is approved by the head of the enterprise and the union. It is being developed 14 days before the new year. The features of the formation of the priority include:
- all employees of the enterprise are entered into the schedule, and even the employer is included here;
- the employee is notified of the required vacation two weeks before its start;
- the law clearly states that paid vacation days can be issued at any time by pregnant women, their husbands, adoptive parents of children under three years of age, minors, parents or guardians of children with disabilities who are under the age of 18, military personnel, their wives, women, who are engaged in the upbringing of two or more children under 12 years old, honorary donors, heroes of labor, heroes of the USSR or the Russian Federation, cavaliers of the Order of Glory, as well as people who withdraw from their holidays for various reasons;
- if people included in the preferential category receive a refusal from the management to rest at the time they need, then they can independently leave work at this time, and these actions cannot be considered as absenteeism.
Each employer must understand the rules of the appointment of rest, so as not to violate the rights of their employees.
The nuances of scheduling
When forming this document, the requirements are taken into account:
- special form No. T-7 is used;
- allowed to use their own unique form developed by the enterprise;
- when forming the document, the opinion of employees is taken into account, so they can make their own wishes regarding when they want to go on vacation;
- it should take into account specialists who are given the federal law the opportunity to go on vacation at any time convenient for them;
- when filling out the schedule, the main provisions of the TC should be taken into account.
Almost all citizens want to relax in the summer, so often an informal sequence is formed, on the basis of which specialists get time to relax in the desired period of time.
Is it possible to extend or reschedule a vacation
It is allowed to extend or postpone the vacation for other periods. This applies to situations:
- by the time of going on vacation the employee is temporarily incapable of work;
- the specialist is required to fulfill various duties of national importance at the appointed time;
- the employee did not receive the required amount in the form of vacation payments, and he was not warned about going on vacation in two weeks;
- the absence of a specialist at work may adversely affect the results of the enterprise.
In all the above situations, you can reschedule the rest for next year. If, for two consecutive years, a person is denied vacation days, then this is a violation of the Labor Code.
Can this period be divided
It is allowed to provide annual paid leave in installments, but for this there must be agreement both from the head of the company and from the employee himself. Under such conditions, at least one part of the vacation should be more than two weeks.
Suggestions regarding the separation of this period by specialists should be announced before the immediate formation of the schedule, but it is allowed to make certain adjustments to this document if necessary.
Is it possible to recall a specialist from vacation
Only with the consent of the employee can it be withdrawn from vacation. Unused days are transferred to other dates, and they are selected by the employee at a convenient time for him.
Also, the remaining days can join the vacation next year.
Recall from vacation of employees is not allowed:
- minors;
- pregnant women;
- people working in dangerous or harmful conditions.
Instead of transferring unused days, the specialist can receive compensation from the employer.
How long
The minimum annual vacation is 28 days. It can be divided into several parts, and some employers are allowed to arrange even one day of vacation in the middle of the week, if necessary for the employee.
Most often, companies are assigned a single annual paid leave. Article 125 of the Labor Code of the Russian Federation indicates that this period can be divided if it is indicated in the vacation schedule. If such an opportunity is not provided for in this document, then the head of the company may refuse to divide.
The duration of the annual main paid leave of workers is at least 28 days, but even this indicator may decrease with various absenteeism and violations on the part of the employee, so the personnel department regularly makes correct calculations.
How to pay
To determine the size of vacation pay, employee earnings information for 12 months of work is used. Payment of annual leave is made before the citizen immediately goes on vacation.
When calculating this amount, various payments provided by the company and transferred to the employee are taken into account. This includes various indicators:
- salary, various allowances or bonuses;
- social payments;
- other unearned transfers, for example, payment of travel or food at work;
- funds that were received by a citizen at the time when he did not work, but at the same time his average earnings were saved for him, for example, during a trip to a business trip, receiving vacation pay or benefits assigned during temporary disability of a specialist.
In order to independently calculate this payment, it is advisable to use special online calculators, presented in understandable forms, in which you need to enter the necessary values.
The nuances of vacation for study
Study leave is granted to all employees who were sent to study by the employer or who themselves decided on the need for education. For this, special accredited programs of the state should be selected, on the basis of which citizens can receive the title of specialists, masters or bachelors.
Both full-time and extramural studies can be chosen for this. Each firm must provide the employee with additional leave, called training. At the same time, the specialist retains his place at work, as well as his salary. The duration of such a period cannot exceed 40 days in the first or second year, and in subsequent courses this time increases to 50 days.
You can additionally arrange days without saving salaries in situations:
- you must pass the entrance exams;
- employees wish to attend preparatory lectures in educational institutions for certification in studies;
- it is required to pass certification in a university, where a person is studying full-time;
- The correspondence student needs to pass accreditation, so it takes time to master the program.
Under such conditions, additional study leave may be granted or the working week may be reduced by 7 hours. All days that are missed at work for these reasons are paid half the basic salary, but payments can not be less than the minimum wage.
Thus, labor leave is granted to all employed workers. This right is regulated in the Labor Code, so the absence of vacation days is a serious violation of the law. All employers should know how to make a vacation schedule, what funds are paid to employees, and how they are notified of planned vacations. Proper compliance with the requirements of the law ensures that there are no problems with the Federal Tax Service and other state bodies.