How many days is the next vacation due? To be on vacation or not to be, that is the question

Each employee is guaranteed by the Labor Code the right to - a period of rest from work, during which the employee retains and workplace, and the required earnings.

The provision of leave is guaranteed by the Constitution of the Russian Federation, this right is granted to all categories of workers, including part-time workers and home workers, regardless of the type of organization and industry of work. Only those who work are not entitled to leave. The rules for granting leave to an employee are strictly regulated, and every employer must comply with them.

Every worker has the right to vacation!

First of all, it is necessary to understand from what period the duration of paid leave begins to be calculated. To be granted it, the employee must work in the organization for at least 6 months; this period also includes the time during which the employee did not perform his duties for valid reasons, for example, he was away.

Article 122 of the Labor Code of the Russian Federation provides for earlier provision of the first leave by agreement of the parties. After the first 6 months of work, leave is granted to the following categories of employees:

• For minor employees. It is also important to remember that they cannot be called back to work from vacation even with consent.
• For female employees before or immediately after its completion.
• Those who are aged less than three months. There are other special cases provided for by law.

In these and other cases, the provision of leave after the first six months of work is carried out in advance: normally, for the first time on paid leave, you must work at the same enterprise for at least 12 months.

If such an employee leaves early, compensation for unworked work will be deducted from his salary. Starting from the second year of work of an employee, he is granted leave according to a schedule approved by the head of the organization with the consent of trade union representatives.

The vacation schedule is drawn up and agreed upon in advance: it must be approved 2 weeks before the start of the new calendar year. The vacation schedule is approved by local regulations; its preparation takes into account the opinions of the employees themselves and production needs.

Permissible vacation time

Information about vacation is entered into the work book

The standard duration of annual paid leave is 28 days, excluding holidays. If the vacation period falls holidays, they must be added to the main term.

The duration cannot be less than 28 days; it is guaranteed by the Labor Code, and the work schedule and duration of work shifts do not matter. For some specialties, the duration of vacation is increased - this is due to the specifics of the work and its complexity. Extended vacation is guaranteed by law:

1. For minor employees. If the employee is not yet 18 years old, then his vacation is increased to 31 days.
2. Representatives of teaching professions working in various types of educational institutions. In accordance with the specifics of the educational process, vacation ranges from 42 to 56 days, and it is always provided in the summer.
3. For employees - . For them, vacation must be at least 30 days.
4. Employees of the prosecutor's office and representatives of law enforcement agencies. For them, vacation must be at least 30 days.

The duration of the vacation period can also be increased by agreement with the management of the organization, it must be indicated. If the employee works part-time, leave at the second place of work must be provided simultaneously with the main one, this is provided for by Article 286 of the Labor Code of the Russian Federation.

If a person started working part-time recently, and his term of work is only six months, leave must be provided in advance. When vacation is granted in advance, it must also be paid in full, issued for all vacation days.

If an employee leaves before the end of the calendar year, then this amount must be deducted from the final calculation.

What time of year is vacation available?

Most people want to go on vacation in the summer

Most often, an enterprise cannot provide all employees with vacation exactly on summer months so as not to stop the production process. In practice, they try to give vacation in the summer in turn, this rule can be fixed.

The employee must be notified of the time of going on vacation at least 2 weeks in advance, and vacation pay is issued no later than three days before the official start of the vacation period.

Some categories of employees are given the right to independently choose their own vacation time. These include minor employees, mothers of two or more small children and single fathers, Heroes of Russia, participants and disabled people of the Second World War, liquidators of the Chernobyl accident and some other categories. They are given the right to choose summer vacation annually or in any other months.

If an employee is studying at an educational institution with state accreditation and is entitled to student leave, then it can be added to the main period of paid leave.

If the employee is the husband of a pregnant woman, he is granted leave at a time coinciding with. This does not take into account the time of work in the organization: the vacation period can begin even if the total length of service is only 6 months.

Rules for transferring leave and paying compensation

Vacation can be divided into parts

The employee has the right to divide the annual leave into several periods, while one of them must be at least 14 days. The employee must use the full number of vacation days before the end of the calendar year, part of the days can be replaced by monetary compensation by agreement with the employee.

If the employee cannot be sent on vacation due to production needs, then the employer is obliged to pay him full compensation for all days. However, it is prohibited by law to replace vacation with monetary compensation for 2 consecutive years or more. For minors, such a replacement is impossible in principle, even by agreement of the parties.

It is also impossible to compensate vacations with money for employees working in factories with. Such employees especially need a full annual long rest.

If during the vacation the employee fell ill, was called up for military training, or other valid reasons arose, then these days should be added to the main vacation period. The employee is obliged to notify the employer of the reasons for the extension and provide the relevant documents. Break days are paid in accordance with the standards: for example, sick leave payment depends on length of service in a given organization.

If for some reason the vacation has to be postponed to another time, then the average earnings for payment of compensation must be calculated again.

Rules for recall from vacation

Recall from vacation is an employer's right

In some cases, an employee has to work due to operational necessity: this is necessary in case of various accidents, sudden emergency situations, there may also be a need to sign important documents by a responsible person, etc.

In such cases, an order to recall the employee is issued; it must indicate the reason for the recall, as well as the time during which the employee will be able to use the remaining unspent days.

Sometimes presence at the workplace requires only one day, after which the employee can continue to rest. If a more serious need arose, there are several options for using the remaining days:

• They can be added to next year's vacation. In this case, next year the employee will receive the full amount of benefits for all days provided.
• You can get the remaining days in the same year in a few weeks or months. This issue is agreed upon with the employer.
• Instead of the remaining days, the employee has the right to receive monetary compensation. This is usually done if there is no way to use the remaining days and the employee cannot return to the interrupted vacation.
• In all cases, the revocation of their leave is only voluntary and is issued with the consent of the employee. If an employee refuses to go to work or has left the city, this cannot be the reason for any penalties from management. In all cases, even with consent, pregnant women, minor employees and some other categories cannot be recalled from leave.

Compensation for vacation after dismissal

Application for leave must be signed by management

In this case, before going on vacation, the employee must receive vacation pay in full. On the last day you need to make a full calculation, which should include wage, all required benefits, a completed form is issued on the same day.

All organizations must follow the rules for granting leave and calculating compensation.

Any deviation from the established standards is a violation of labor legislation, and the employee has the right to file a complaint in court. An inspection will be carried out, and if the violation is confirmed, the employee’s rights will be restored, and the employer will face large losses.

Current issues provision of labor leave - in the thematic video:

Just keep in mind that you get the RIGHT, but this does not mean that the manager is obliged to give you vacation right away. You can exercise your right until the end of the year, according to the schedule, if the company has one. At the same time, if we talk about how many months it can be granted, it is worth noting that you can always agree with your superiors and take the previously worked 6 months.

Is the first vacation after 6 months an obligation or a right of the employer?

or still has the right to refuse, because according to the same article it must be granted annually, that is, it turns out that the first leave is no later than 11 months of work. In other words, does this very RIGHT of the employee to take the first OBLIGATION of the employer to provide it? Opinions vary for the most part I can’t find anything in the replies other than endless copying of TK’s article, but I want a detailed answer, some comments, and not just read the link to TK once again.

114 of the Labor Code of the Russian Federation). In other words, the administration of the enterprise during this period cannot fire an employee or transfer him to another job. Please note: those who work part-time can also leave.

According to Art. 286 of the Labor Code of the Russian Federation, they receive annual paid leave at the same time as at their main job. So when can an employee go on vacation? Paid leave is provided annually, and the calendar year is taken into account.

Regular Vacation: New in Legislation

Regular leave must be granted to employees annually. Russia recently joined the international convention on paid holidays. In this regard, there have been some changes in the country's labor legislation. The corresponding law was published in “ Rossiyskaya newspaper" Many points of the new law have already been reflected in the Labor Code of the Russian Federation.

The provision of the next vacation will now occur with some changes. Vacation of the next change The main point that brought novelty to the next one for the Russian worker is the provision on the limitation of the period of use.

Who has the right to go on vacation and when?

It should be taken into account that, according to paragraph 5 of Article 37 of the Constitution Russian Federation, paid annual leave is guaranteed to employees working under employment contracts. These guarantees do not apply to those who work under civil contracts unless the provision is directly stated in the contract. Payment for this is part of the remuneration under the above agreement, and not payment for the vacation itself. Payment is provided for each working year.

Tell me, after how long can an employee who has started work take a vacation?

In accordance with Art. 123 of the Labor Code of the Russian Federation, the priority for granting paid leave is determined annually in accordance with the schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year.

In this case, the schedule is mandatory for both the employer and the employee, and the employee must be notified of the start time no later than two weeks before its start.

We are going on vacation according to the law

You must be notified that you are entitled to it 2 weeks before it starts. Failure to provide annual paid leave is prohibited. Right to vacation. You can obtain the legal right to work by working in the organization for at least six months. The length of service is counted from the first working day in accordance with the hiring order. However, some categories of employees are entitled to annual paid leave after working for less than six months. These categories include: – women before or immediately after pregnancy and childbirth; – minor workers; – employees who adopted children under three months of age. If you have been working for the first year, then the number allotted days vacation is calculated in proportion to the time worked.

When does an employee have the right to take vacation?

Before the expiration of six months of continuous work, payment at the request of the employee must be provided to: women - before pregnancy and childbirth or immediately after it; employees under eighteen years of age; employees who adopted a child (children) under the age of three months; in other cases provided for by federal laws. for the second and subsequent years of work can be provided at any time of the working year in accordance with the order of provision of annual paid leave established by the given employer. Annual basic pay is provided to employees for a period of 28 calendar days.

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 absence 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 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 vacation. 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 his 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 required 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 of 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 it starts. Failure of 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 the 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 payment of vacation three days before its start may not allow the employee to take advantage of it at his own discretion, for example, to go on vacation outside of the country. settlement where 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.

• Personnel records management and Labor law

The first paid leave after getting a job is provided after 6 months. continuous employment with a new employer (Article 122 of the Labor Code). By general rules an employee can apply for vacation after 7 months of work, and the duration of the vacation period is 28 calendar days (Article 115 of the Labor Code). Is it possible to take your first vacation before six months of work? How is personnel paperwork processed and vacation pay calculated? You will learn about all the nuances from this article.

When is the first leave granted under the Labor Code?

A person’s right to rest when starting a new job is protected by labor legislation. Vacation after six months of work under the Labor Code of the Russian Federation is fully due in accordance with Art. 122. With the consent of the administration, an employee may ask for a vacation earlier than the specified period. In addition, there are separate categories employees who should be granted leave regardless of the time of employment:

1. Underage employees.
2. Women expecting a child can ask for leave before or immediately after maternity leave.
3. Employees who adopt infants under 3 months of age
4. Other employees in accordance with regulatory federal documents. For example, these are part-time workers, spouses of military personnel, veterans, etc.

Note! The specified categories of employees are granted leave after six months of work according to the Labor Code of the Russian Federation upon the personal application of an individual. The employer does not have the right to refuse time off even if there is a production need for a specialist.

How is vacation granted in the first year of work?

Duration of the first vacation after 6 months: how many days is the employee entitled to? After six months of employment, a person receives the right to full basic, additional, extended or other types of rest provided for by the conditions employment contract. The opinion of some employers that vacation after 6 months of work should be taken in parts is erroneous. According to Art. 115 the duration of the annual rest cannot be less than 28 days (calendar).

Registration of vacation in the first year of employment in advance is not prohibited by the legislation of the Russian Federation. But if a person quits before working the year for which the right to rest has already been exercised, the employer can withhold the excess amount of vacation pay issued to the individual (Article 137 of the Labor Code). When calculating, it is necessary to take into account the rule maximum size deductions from earnings - 20% (Article 138 of the Labor Code).

Important! An exception to the provision of leave after 6 months of work is additional leave granted to employees for employment in dangerous/harmful working conditions. This type of rest is issued in proportion to the actual time worked (Article 121 of the Labor Code).

Vacation schedule: when vacation is due at a new job

The order of granting vacations to staff is determined in accordance with the vacation schedule mandatory for all employers. The procedure for drawing up this document for the next calendar year is determined by Art. 123 TC – no later than 2 weeks before the end of the current period.

And what does the Labor Code say about vacation after 6 months? After all, new employees can start working in the organization after the schedule is approved by the manager. In this matter, neither the employer nor the employee is limited in any way. Since retroactive changes to the vacation schedule are usually not made, the newly hired employee will have to write an application for the first vacation. If the director of the company agrees, vacation is granted without restrictions, in full, unless the parties have agreed in advance to divide the vacation period into parts.

Note! If vacation is granted after 6 months of work, the Labor Code does not prohibit changes to the main vacation schedule if the employer wishes. In this situation, personnel specialists recommend approving an additional schedule with mandatory preliminary approval of rest dates with employees or the enterprise’s trade union.

Vacation in the first year of work - the procedure for registration and payment

The procedure for registering leave in the first year of employment is no different from the paperwork for subsequent periods of work. If there is an application, it is required to be approved by the company management, then an order is issued in the unified form T-6 indicating the start/end dates of the vacation and the employee’s full name. After that, a calculation of vacation pay is drawn up according to the T-60 form, the data is entered into the personal card and, upon the fact of using the vacation, into the work time sheet.

According to the general rules, vacation pay is calculated based on average earnings for the previous year (12 months). If a person has been working in an organization for less than a year, the calculation takes into account the salary for the period from the moment of employment to the month preceding the month of vacation (Resolution No. 922 of December 24, 2007). The same principle is used to determine billing period and average earnings.

Conclusion - from this article you learned how much you need to work to go on vacation in the first year of work with a new employer. We also got acquainted with the categories of employees who have the right to take advantage of rest at any time, regardless of the duration of employment.

Labor activity involves not only receiving wages for work performed, but also days of rest; in this regard, the question often arises about when a citizen can exercise this right and after how many months leave is due in the first year of work. Labor legislation has a number of nuances that should be taken into account when resolving this issue.

In practice, the majority of working citizens do not have full knowledge of the necessary information regarding the procedure for granting vacations. Therefore, there are often cases of violation of the rights of employees by employers. In order to avoid conflicts between the parties to labor relations, it is important for a citizen to familiarize himself with all the nuances of registering paid days of rest and related procedures.

From the point of view of legislation, an employee has the right to take his first vacation after getting a job within 6 months from the date of signing the employment contract. In accordance with Article 122 of the Labor Code of the Russian Federation, it is after this period that the employee acquires the right to receive paid days of rest in full. However, in this case, it must be taken into account that the employer has the right to send the employee on vacation. This is not his responsibility, and the issue in each specific case is decided at the discretion of the enterprise management. At the same time, the employee has the right to apply for full leave at any time until the end of the year.

It should be noted that in this case we mean not a calendar year, but a working year. It is calculated from the day the citizen is employed and is not tied to calendar days. In addition, it is important to consider that the time when you can legally go on vacation must be determined no later than the 11th month. From the point of view of legislation, the 12th month is the time of paid leave and is included in the working year.

If an employee wishes to take advantage of rest days before the expiration of the six-month period, the legislator provides this opportunity, but only with the consent of the employer to provide them. Moreover, until the end of 6 months of work, he can only use the rest time actually “earned” by him. For each month of execution job responsibilities the employee is accrued 2.33 days of vacation, except in situations where he is a temporary employee and the duration of the employment contract is 2 months or less.

In this case, he will be accrued 2 days of rest per month worked. It must be taken into account that if the month is not fully worked, vacation pay will be accrued in full only if he worked for 15 or more days.

According to Part 2 of Article 122 of the Labor Code of the Russian Federation, a number of categories of workers have the right to go on full leave after a six-month period without the consent of the employer. These include:

• Women “in pregnancy”, immediately before maternity leave or after childbirth;
• Minor workers;
• Employees who have adopted a newborn.

The company's management does not have the right to refuse to provide them with rest days. If an employee is not given such an opportunity, he has the right to independently exercise it without the consent of the employer. In addition, the latter may be held accountable if it is established that he violated the current legislation.

Starting from the 2nd year of work, the employee goes on vacation according to the appropriate schedule developed by the enterprise. If such a document is maintained at the company, then the employee must be notified of the upcoming rest period no later than 2 weeks before its start. If there is no schedule, the employee has the right to go on vacation at any time. The absence of the employer’s consent in this case cannot be regarded as an obstacle to the realization of the worker’s right to rest. The employee implements it independently, however, he is obliged, in accordance with current legislation, to notify management of his intention to go on vacation no later than 2 weeks before it starts.

Preparing a vacation schedule and the procedure for granting vacation to new employees

The vacation schedule is official document, which is drawn up at the enterprise to regulate the procedure for annual paid leave of employees. This is necessary to ensure the normal operation of the organization and prevent employees from not going on vacation. The latter also has great importance, since the responsibility for sending employees on vacation rests with the management of the enterprise and if an employee does not go on vacation this year without serious reasons, the responsibility rests with the employer.

This document is drawn up at the company no later than 2 weeks before the end of the current calendar year. Thus, the last day for signing it, in accordance with Article 123 of the Labor Code of the Russian Federation, is December 17. If there is a trade union body at the enterprise, its opinion must be taken into account when drawing up the vacation schedule. It should also be taken into account that, according to current rules The employer is obliged to provide an employee with vacation during the summer period at least once in 4 years.

If at the time of registration of this document If the company has an employee whose work experience has not reached 6 months, then the time when you can take vacation after getting a job should be planned in the next calendar year, but before the end of the employee’s working year.

In practice, there are situations when an employee uses his right to leave before the appropriate deadline in accordance with Part 2 of Article 122 of the Labor Code of the Russian Federation. In this case, this should be taken into account in the vacation schedule.

Duration of first vacation

When is the first leave due? new job and how many days does it include? The length of an employee's first paid rest period depends primarily on when he took it. In accordance with Article 122 of the Labor Code of the Russian Federation, an employee has the right to take full leave only after the expiration of six months from the date of his employment. In this case, the experience must be continuous.

Please note that going on leave after this period is not mandatory. The employer has the right to allow the employee to go on full leave, but this is not his responsibility. He may well refuse to provide days of rest due to production needs.

However, the employee must exercise his right to rest during the first working year. At the same time, control over the implementation of this norm rests with the employer. In accordance with current legislation, he is obliged to send the employee on vacation if this reporting period ends. Failure to use vacation by an employee is unacceptable, and if these facts are discovered, the employer will be held responsible.

The worker, for his part, has the right to refuse to go on vacation and ask to be compensated for these days in cash. This issue is resolved by agreement with the employer. But the employee has the right to take advantage of this opportunity no more than once every two years. That is, refusal to rest for two or more years in a row is unacceptable.

IN general procedure The duration of employees' vacation, in accordance with Article 115 of the Labor Code of the Russian Federation, is 28 days. Persons engaged in labor activities have the right to additional days of rest:

• In harsh conditions or in contact with hazardous substances;
• V educational institutions preschool, basic, secondary specialized and higher education;
• And those who have not reached the age of eighteen (Article 267 of the Labor Code of the Russian Federation);
• In conditions of irregular working hours;
• Other cases provided for by federal or local regulations.

A citizen has the right to use earned rest days before the expiration of a six-month period. The employer can give consent to this if he has someone to replace the employee. Providing leave in advance, that is, in a larger amount than the employee actually earned, is possible only after he has worked at the enterprise for six months. Before this, there is no such opportunity.

At the same time, employers are in no hurry to let their employees go on vacation in advance, since in this case there is a risk that the citizen will not return to work and will not receive vacation pay. From the point of view of legislation, the management of the enterprise has the right to collect debts from the worker for unworked days. However, in accordance with Article 137 of the Labor Code of the Russian Federation and clause 2 of Rule No. 169, the amount of withholding cannot exceed 20% of the payment amount. Thus, the employer is not always able to return the overpaid funds in full.

The procedure for paying vacation after six months of work according to the Labor Code of the Russian Federation

Since the Labor Code allows you to take vacation in full after 6 months, calculations will be made based on how many days of rest the employee decided to take. According to current legislation, the entire period is paid before the actual start of the employee’s vacation and after he has been notified about it. From the management of the enterprise this fact is fixed by issuing an order to provide days of rest to a specific employee, on which he must put his signature. Thus, the citizen confirms his consent to go on vacation at the time specified in the document.

To determine the amount of vacation pay, employees of the accounting department calculate the average earnings of a given employee over the last 12 months. The last three working months may also be taken into account. This takes into account not only wages, but also all allowances and bonuses received this employee. Thus, the total amount of earnings for the reporting period is divided by the number of months, and then divided by 29.6 (the average monthly number of calendar days established by current legislation).

The final amount of vacation pay will be determined by multiplying the number of days of rest by the average daily wage, based on previously made calculations. They are also used to pay compensation for unused vacation days when a worker is dismissed or refuses to take a vacation and submits an application for monetary compensation for these days.

In accordance with Article 136 of the Labor Code of the Russian Federation, the transfer of vacation pay must be made no later than 3 days before the start of the employee’s vacation. If the 3rd day falls on a holiday, then payments must be made before it. In this case, transfer to the next business day is unacceptable. Transfer of the required amount can be carried out in more than early date, since the law does not prohibit this.

Failure to comply with this rule may result in administrative penalties being applied to the enterprise. In addition, the employee has the right to refuse to go on vacation if the payment is not made on time. Money and choose any other time convenient for him to rest.

Vacation pay can be issued either in cash or transferred to the employee’s card. Also, the management of the enterprise must make tax and pension contributions. To do this, an authorized employee issues a payment order for the transfer of personal income tax. And if the vacation falls within one month, then there are no problems with transferring taxes. But if it starts in one month and continues into the next, then a question may arise as to when to make the deductions.

According to current legislation, transfers must be made on the day the funds are issued. In this case, this rule will also apply. However, the payment order will need to indicate for what period of time the deductions are made. For example: “Vacation pay to citizen Ivanov I.I. for September-October 2016."

The labor code reserves the right to leave after 6 months for every worker. Despite the fact that, after this period, employees are often given the opportunity to use only half of the allotted rest time.