Moreover, such a period is considered to be minimal, therefore, a vacation period less than the specified amount is not provided. But more than is established in Article 115, perhaps. The tenant can increase the amount of legal rest at his discretion, and this can be done in an unlimited amount. But such unauthorized increases in vacation periods are rarely practiced.

But there are special categories of employees who, under an employment contract, have additional rest time annually. by law, it is due to those employees who work in special conditions, for example, have an irregular schedule or especially difficult working conditions.

Affordable for all working people. Every year, the employee has the right to rest for as many days as he is prescribed in the employment contract. But the contract itself is drawn up taking into account legislative norms and cannot go against labor standards. In accordance with this, for each category of employees, their own periods for vacation are provided.

Each employee is granted a basic leave of 28 days. Such an amount is stipulated in Article 115 of the Labor Code of the Russian Federation. You can take a vacation at any time, theoretically there are no restrictions, except for the first year of work. A new employee can only claim rest after six months. At the same time, after six months, he can immediately claim the entire segment assigned to him by law. There are special categories that are entitled to leave not after six months of work, but even earlier. This list includes women who are expecting a child, underage employees, as well as those who have adopted a baby before the age of three months. Part-time workers can also take vacation earlier, provided that they have a vacation period at their main place of work. In the second year of work and all subsequent years, the period for granting a vacation period is not standardized by law. In fact, it can be chosen completely even at the beginning of the working year. The main thing is that the time was previously discussed with the employer.

According to the Labor Code, this is not the only established rule when assigning rest to employees. It is also important to have a predetermined order in which employees are on vacation. This measure is mandatory, although it allows you to postpone previously established periods and take several days off-duty as vacations. The schedule itself, the transfer of rest, as well as the design of days on account of vacation, are taken only upon agreement with the management of the organization and its approval.

Increasing vacation time

The number of vacation days does not increase in proportion to the number of years worked. But this does not mean that you can not count on a longer vacation. There are categories that are entitled to additional leave.

Additional vacation periods are divided into:

• paid;
• unpaid.

Not compensated by the employer, however, this period is not excluded from the total number of working days when calculating the average wage for calculating holiday compensation.

But we are more interested in paid additional rest, because this time can not only be taken off, but also, if desired, by remaining at work.

Article 116 of the Labor Code of the Russian Federation allows the employer to give his employees additional paid rest at his discretion. But there are those groups of people who can count on this privilege on an official basis. The same article 116 provides a list of employees who must be provided with additional annual paid time off.

You can count on additional days of vacation:

1. People employed in jobs that are classified as dangerous or harmful.
2. Employees who have a note in the employment agreement about the irregularity of their work or the special nature of the duties performed.
3. To all workers and areas equated to them.

Each of these categories is provided with an individual duration of additional calendar days of vacation. Some employees can combine several items in their profession at once, in which case all additional vacation periods prescribed by law in a year are summed up.

Irregular working hours

How many days of vacation are required per year for employees who have the employer decides. It all depends on the specifics of the work and how often a person is involved in work outside of working hours.

According to the law, not only those professions that involve the traveling nature of labor or work outside a specific organized place are considered irregular. If the worker has a stable place where he performs his labor duties with an agreed standard schedule, but by the nature of his profession he can be involved in solving some problems after hours, then such work is also recognized as irregular.

Decree of the Government of the Russian Federation No. 884 of 2002 stipulates a list of employees who can count on additional rest due to their irregularity.

It includes:

1. Leaders.
2. Deputy leaders.
3. Engineers, technologists and other technical employees.
4. Housekeeping staff.

This is a very rough list and does not reflect all possible variations. When making a decision on extradition, one should be guided by the fact that employees of a particular profession are involved in labor duties outside of working hours. Some organizations monitor such aspects, as a result of which they expand or reduce the list of people included in this category.

The main question for the employer is how many days of additional rest should be provided.

There is no single standard for determining the term, but there is a minimum barrier below which it is forbidden to set, it is established in article 119 of the Labor Code of the Russian Federation. For irregularity, at least three calendar days are provided. Please note that these are not business days. Like other vacation periods, additional rest is calculated in calendar equivalent.

Work with harmful working conditions

Everything is provided, focusing on legal standards, the main of which is the Labor Code. But this does not exclude the fact that the employer is obliged to prescribe periods of rest in their local regulations. The collective agreement provides a complete list of professions in the organization, indicating how long the vacation lasts for a particular category. The collective agreement allows general information taken from the Labor Code to be specified, indicating only those points that relate directly to the given company. When concluding an agreement with a new employee, individual working conditions are also entered into the labor document, which will apply to this person.

In the case of harmful and / or dangerous working conditions, the vacation period is assigned not at the request of the employer, but if there is a justification. Such justification may be the certification of the workplace. For this, a commission is preliminarily appointed, which conducts measures to assess the existing conditions. A certain gradation has been established, which allows you to determine the degree of danger and harmfulness. In accordance with it, additional rest is assigned, that is, the higher the harmfulness, the longer the vacation time. Those jobs that are awarded 2nd, 3rd and 4th degree are considered dangerous.

Establishes that seven days is considered to be the permitted minimum barrier of incremental rest. Less than 7 days of additional rest cannot be assigned to those employees who work in the field with a degree of danger of 2. If the degree is higher, then the period is increased. The truth about the proportionality of the increase in the code is not mentioned, this item is left to the discretion of the organization's management. The established degree of danger is not final and unchanged. If the employer regularly takes measures to improve working conditions, then the harmfulness should decrease. According to the decrease in the degree of harmfulness, additional rest may also decrease.

Work in the regions of the Far North

Work in the conditions of the Far North is rightfully considered more difficult. The reason for this is the weather conditions, besides, many works are carried out directly on the street, and not indoors.

People working in such conditions are entitled to significant additional benefits. They are paid a multiplier, but in addition they all receive additional rest, which must be paid by the employer.

Article 321 of the Labor Code of the Russian Federation refers to the amount of rest that is provided to all people working in difficult weather conditions.

Unlike the previously announced categories, there is no freedom for the employer, because the terms are specified specifically, without minimal barriers.

Additional recovery time is given to:

1. All those working in the regions of the Far North lasting 24 calendar days.
2. People who work in areas equivalent to the Far North receive an additional 16 days a year.
3. Other districts that have a wage surcharge receive 8 days of surcharge paid time off.

If you need to find out how many days you can take a part-time job, then you need to focus on the general norms. Rest for part-time workers lasts as long as for the main workers.

For northern workers or other categories of workers, a single rule applies. Rest can be summarized and selected at the same time, or you can divide it into parts and take it in stages. A separate amount of rest can be taken on account of the main or additional vacation period.

Entitlement to extended basic leave

Here are examples of such categories, and also specify how many calendar days are added to them:

1. Minor employees are entitled to 31 days, instead of 28. Recall that those under the age of 18 can also take the specified time earlier than they have completed their first six months.
2. the term of the main period is increased to 30 days. The degree of disability does not matter.
3. Teachers, depending on the classification, rest for 42 or 56 days.
4. Doctors of Science are entitled to 48 days.
5. Candidates of Sciences - 36. Both of these categories can count on the provision of this time while working in government organizations.
6. If the work is related to the production, testing or testing of chemical weapons, then 49 or 56 days of rest are required.

Every worker needs a rest, even the most hardworking. During this time, a person gains strength and acquires positive emotions, which has a beneficial effect on his future ability to work. Citizens need vacation periods in connection with pregnancy and raising a child and vacations necessary for personal reasons at their own expense. The Labor Code and other regulatory acts of the Russian Federation are periodically amended with regard to the vacation issue. When planning this or that type of vacation period, a citizen must take into account these nuances.

Vacation is the right of a citizen to rest established by Russian law. For 2018, the provision of such is carried out for 28 days with the payment of wages.

By and large, the standards in the issue of vacation have not undergone significant changes. Actual provisions Article 114 of the Labor Code of the Russian Federation provides for the provision of annual leave to employees on the basis of an application.

During paid leave, the employer does not have the right to fire the employee. Also, the authorities are not empowered to deprive the employee of his position or average salary during this period.

According to the current law, upon dismissal, a citizen is entitled to compensation for all vacation periods that he did not have time to use. Exceptions are dismissal due to the fault of the employee or, in some cases, going on vacation with subsequent dismissal due to the expiration of the employment contract.

When and to whom is vacation due?

The provisions of the holiday law are determined by the regulations Labor Code of the Russian Federation. The Labor Code of the Russian Federation was adopted on December 21 and signed by the President of the Russian Federation on December 30, 2001. Chapter 19 of this Labor Code of the Russian Federation regulates all provisions related to the observance of the right of citizens to rest under the law. Covers issues in terms of granting, extending and paying vacation days.

According to the current law, for a paid vacation period lasting 28 days all citizens have the right.

For extended leave, according to the law, they have the right:

• Young mothers who are about to go on maternity leave or have just left it;
• Minor citizens;
• Citizens who have adopted a child under the age of 3 months;
• Other categories of citizens, as agreed and in cases provided for by the Federal Laws of the Russian Federation.

The latest changes to Chapter 19 (“Vacations”) of the Labor Code of the Russian Federation were made by the Federal Law of December 28, 2013 N 421-FZ. The amendments affected the provisions set out in article 126 of the Labor Code of the Russian Federation. According to the current text, part of the vacation, upon the official written application of the employee, can be replaced cash payment. If vacation days were not used and carried over to the next year, each part of their total amount can be replaced by monetary compensation if the employee wishes.

Replacing a vacation with a cash payment is not allowed in the following cases:

• Women going through pregnancy;
• Employees who are under the age of 18;
• Employees working in hazardous and hazardous environments.

An exception is monetary compensation upon dismissal.

Provision of annual paid leave

Annual paid leave is provided to each employee in order of priority in relation to the work schedule. An employer is not authorized to deny an employee the exercise of the official right to rest granted by law.

vacation schedule is created directly within the organization, according to the article 123 of the Labor Code of the Russian Federation. This internal regulation must be drawn up in December of the previous year and agreed in advance with the trade unions. Not included in the schedule, according to the law, only persons belonging to groups, who are entitled to extraordinary leave. Drawing up a vacation schedule is the direct responsibility of the employer.

The process of granting statutory leave with stipulated pay can be divided into the following stages:

• Notice to the employee by the employer;
• Issuance of an order for the provision of vacation days;
• Calculation and transfer of vacation pay;
• Indication of vacation information in the employee's personal file.

Part 3 of Article 123 of the Labor Code of the Russian Federation includes the obligations of the employer with timely notification of the employee about the upcoming provision of vacation days. The employee must be notified not later than 2 weeks before the relevant period. The current law does not regulate the form of notification, but the preference of many employers remains a written instruction.

For execution of an order organizations are authorized to use forms such as No. T-6, if leave is assigned to one employee. If vacation days are assigned to several employees at once, a sample is used No. T-6a. The order must indicate the full name of the company and its abbreviation, the coding of the document according to OKUD (0301005) and by OKPO. The order is considered valid from the moment it is signed by the directorate of the organization (state. 3.11 GOST R 6.30-2003).

The procedure for calculating vacation pay set paragraph 9 of Art. 136 TC of the Russian Federation. By law, an employee must be paid no later than for 3 calendar days before the start of the holiday.

AT personal file or personal card the employee indicates information on all types of vacations that were granted to him, the reasons for their provision and the timing.

If the employer did not notify the employee in time of the upcoming vacation, the employee has the right to postpone vacation days to a more convenient time (part 2 of article 124 of the Labor Code of the Russian Federation).

At your own expense

Leave at their own expense is provided to employees on the basis of an application. The grounds for unpaid leave are family circumstances and other good reasons. Deadlines are determined by the employer. By law, he is authorized refuse providing unpaid vacation days. The reason for the refusal may be the urgent need for the presence of this employee at work at the actual moment.

The employer does not have the right to refuse to provide unpaid vacation days to the following categories of citizens:

• Veterans of the Great Patriotic War (up to 35 calendar days);
• Age pensioners (up to 16 calendar days);
• Disabled people (up to 60 calendar days);
• Parents and spouses of military personnel, firefighters, customs officers, police officers who died in the line of duty (up to 16 calendar days);
• Citizens on the occasion of the birth of a child, the death and funeral of close relatives or a wedding (up to 5 calendar days). Read more about

By the way, what do you know about the provisions, because this is an important regulatory document.

Maternity leave

Popularly known phenomenon "maternity leave" actually is a combination of two types of holidays associated with reproductive circumstances:

• Maternity leave - provided at the 30th week of pregnancy, according to the conclusion of the attending physician, in the form of a sick leave;
• Child care leave- according to the law, it is provided for the period until the child reaches the age of three.

If necessary, you can go on maternity leave before the official deadline. The basis for early care is a difficult pregnancy, complications and the risk of miscarriage, determined by the attending physician. You can go on maternity leave later, but you must remember that the postpartum period will not be increased due to a shortened prenatal.

The right to a “maternity leave” period is indicated in articles 225-226 current Labor Code of the Russian Federation. They have this right by law all working women and students, as well as the unemployed, who are on the labor exchange.

According to the law, the following can receive pregnancy benefits:

• Officially employed women;
• Women in the military;
• Expectant mothers whose dismissal occurred due to the abolition of the enterprise;
• Students.

If the expectant mother was employed at several enterprises at once, then each of the employers is obliged to pay her benefits.

Download holiday law

For the purpose of a detailed study of the vacation issue, as well as other issues related to the employment of citizens, you should familiarize yourself with the provisions of this Labor Code of the Russian Federation. The current text of the Labor Code of the Russian Federation with the latest amendments can be downloaded

1. Annual paid leave is granted to employees for each of their working years. The working year is 12 months and, unlike the calendar year, is calculated not from January 1, but from the date of entry to work. So, if an employee went to work on February 1, 2008, then his first working year expires on January 31, 2009, the second working year is the period from February 1, 2009 to February 1, 2010, etc. If any periods of time in accordance with Part 2 of Art. 121 of the Labor Code are not included in the work experience for vacation (see commentary to it), then the end of the working year is postponed by the number of days the employee is absent, excluded from the work experience for vacation.

The law provides for a different procedure for granting leave, depending on which working year it relies on - the first or subsequent ones.

2. Article 122 of the Labor Code of the Russian Federation states that annual paid leave for the first year of work is granted after 6 months of continuous work with this employer. Therefore, as a general rule, those who work for this employer for the first year, leave should be granted on the 7th month of work, if during the 6-month period they did not have breaks in work, which, in accordance with Part 2 of Art. 121 of the Labor Code are not included in the length of service giving the right to the annual basic paid leave.

The length of service for receiving annual leave must be continuous. This means that leave is granted only during the time of work with this employer. Therefore, when an employee leaves, he must complete his vacation calculations in full, receiving monetary compensation for unused vacation days.

The rule of part 2 of the commented article cannot be considered as a ban on granting leave in the first year of work before the expiration of 6 months. By mutual agreement between the employee and the employer, paid leave in the first working year may also be granted in advance. Sometimes it's just necessary. For example, when a large number of employees are hired at the same time.

3. In the cases provided for in Part 3 of Article 122 of the Labor Code of the Russian Federation, the employer is obliged, at the request of the employee, to provide him with leave in the first year of work before the expiration of 6 months. Moreover, the law does not establish any minimum duration of work in this organization. Therefore, for example, if a woman who has worked in an organization for 1 month is granted maternity leave, she has the right to demand annual paid leave immediately after the end of this leave.

Before the expiration of 6 months, i.e. in advance, annual paid leave may also be granted in other cases provided for by the Labor Code or other federal law. For example, to a husband - while his wife is on maternity leave (part 4 of article 123 of the Labor Code), employees who, in accordance with federal laws, have the right to provide them with annual paid leave at their request at a convenient time for them, and, consequently, in advance (see commentary to Art. 123).

4. According to Article 122 of the Labor Code of the Russian Federation, leave for the second and subsequent years of work may be granted at any time of the working year, incl. and before the onset of the right to receive leave, i.e. in advance, in accordance with the order of granting annual paid holidays (see comments to Article 123).

5. The current legislation does not provide for the provision of incomplete annual basic paid leave in kind, i.e. in proportion to the time worked in a given working year. Therefore, if the annual basic leave is provided in advance in the first year (before the expiration of 6 months of continuous work with this employer), it must be full, i.e. of the established duration, provided that the employee does not ask to be granted only part of the leave.

As a general rule, the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is it 28 calendar days or working days? The annual main paid leave is considered in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing vacation into parts

An employee does not have to use all 4 weeks of vacation due to him at a time. Leave may be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be done in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Subject to this condition, the duration of other parts of the vacation may be an arbitrarily small number of days, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekend days falling within the period of vacation are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be granted leave for 7 days and all 7 days must be paid.

Unlike ordinary days off, public holidays are not included in the duration of the vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: the number of days according to the legislation and according to the local act

The specified vacation duration - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, the local regulatory act of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

It is important that the cost of paying for such additional vacation days cannot be taken into account for income tax purposes (clause 24, article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums (clause 2 of article 226 of the Tax Code of the Russian Federation, clause 1 of article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who is entitled to apply for extended basic leave and how many vacation days should be provided to these persons is indicated in the table.

Category of workers	Number of vacation days under the Labor Code and other legislative acts
Workers under the age of 18	31 calendar days. Leave must be granted at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Teaching staff	42 or 56 calendar days, depending on the position held and the type of educational organization where the teacher works (Article 334 of the Labor Code of the Russian Federation, clause 3 of part 5 of Article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation dated 14.05.2015 No. 466)
Researchers with a degree	— 48 working days for PhDs; — 36 working days for candidates of sciences. These extended holidays are granted to scientists holding full-time positions in a scientific institution (organization) financed from the federal budget (Decree of the Government of the Russian Federation of August 12, 1994 No. 949)
Chemical weapons workers	56 or 49 calendar days, depending on the group of work to which the employee's activity is assigned. The assignment of works to the first or second group depends on the degree of their danger (Articles 1, 5 of the Law of November 7, 2000 No. 136-FZ)
Employees of professional emergency rescue services and formations	30, 35 or 40 days, depending on the duration of continuous work experience in professional emergency rescue services and formations (clause 5, article 28 of the Law of August 22, 1995 No. 151-FZ)
Healthcare workers at risk of contracting the human immunodeficiency virus	36 working days for employees of healthcare organizations that diagnose and treat HIV-infected people, as well as people whose work is related to materials containing the human immunodeficiency virus, taking into account the annual additional leave for working in hazardous working conditions (paragraph 4 of the Government Decree RF dated 03.04.1996 No. 391)
Government civil servants	30 calendar days (part 3 of article 46 of the Law of July 27, 2004 No. 79-FZ)
Prosecutors, scientific and pedagogical workers of the prosecutor's office	paragraph 1 of Art. 41.4 of the Law of January 17, 1992 No. 2202-1).
Employees of the Investigative Committee who do not serve in areas with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (part 1 of article 25 of the Law of December 28, 2010 No. 403-FZ).

Additional leave

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation at.

How many days is the "northern" leave by law

How many days does a northerner's vacation last? Usually more than non-Northern workers. After all, the "northerners", firstly, are provided with the main annual paid leave - of standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the regions of the Far North - 24 calendar days;
• in areas equivalent to the regions of the Far North - 16 calendar days;
• in other regions of the North, where the regional coefficient and the percentage increase in wages are established, - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

By the way, both regular annual paid holidays and extended, as well as additional "northern" holidays can be provided to employees in advance (Article 122 of the Labor Code of the Russian Federation).

Labor laws oblige all companies to provide employees with an annual break from the performance of professional duties. But how many vacation days under the Labor Code 2017 an employee is entitled to depends not only on the category of the employee, but also on the conditions of his work.

Labor law establishes the possibility for employees of Russian organizations to receive a basic, additional and targeted rest period. The type of vacation depends on how many days of vacation are due per year to an employee of Russian companies.

The basis for this is the signing of an employment contract. The total duration of the main vacation is set at 28 calendar days. The question of in which days the main vacation should be determined - 28 calendar or working days - Art. 115 of the Labor Code of the Russian Federation states that the duration is determined in calendar days.

The right of a citizen to receive a basic period for rest should be granted to each employee of a domestic organization, if they have worked for more than six months in the company of this employer.

Russian labor legislation provides for groups of workers who have the opportunity to receive longer basic leave. An additional number of paid vacation days is provided to the following citizens:

1. Employees of retirement age - 30 days;
2. Disabled people with any disability group - 30 days or more;
3. Military personnel - from 30 to 60 days;
4. Teachers - from 42 to 56 days;
5. Minor employees - 31 days.

Also, the main leave lasting more than 28 days should be received by employees of the Ministry of Internal Affairs, the Investigative Committee, prosecutors, civil servants and other citizens in accordance with the law.

However, the working conditions of individuals establish the obligation of employers to provide a period of rest in addition to the main annual leave. Art. 163 of the Labor Code of the Russian Federation defines situations that allow employees to receive additional permits. These include:

• Employees of Russian companies whose activities are carried out under the influence of negative factors for life and health. The law established the minimum duration of additional allowance for one week. However, companies, based on an assessment of working conditions, can fix a longer allowance in an internal regulatory document.
• Citizens who perform their professional functions in organizations with irregular working hours. For this category of individuals, the number of vacation days under the law is at least three days. If the organization has such a mode of operation, then the established duration should be recorded in the internal documents of the organization.
• Employees of companies that have special working conditions. All the features of granting additional permits to the personnel of such organizations are established by decrees of the Government of the Russian Federation.
• Individuals whose professional activities are carried out in companies located in the Far North and equivalent territories. In order to determine how many days of northern leave, according to the law, an employee is entitled to, it is necessary to take into account the territory where work duties are performed. For this group of employees of Russian companies, the duration of additional admission is:

1. 24 days (for those employees whose activities are carried out in the Far North);
2. 16 days (employees of territories equated to it).
3. Based on allowances and regional coefficients established for citizens who work in other regions of the North of Russia.

All types of allowances have different goals, ranging from compensation to an employee for harm from exposure to factors unfavorable to life and health and ending with encouragement for the performance of certain professional functions.

Thus, a Russian citizen who has fully completed a working year in a particular organization is entitled to receive at least 28 days of annual leave. In addition to this, if the company's activities are carried out in specific or difficult climatic conditions, the employee must be granted an additional allowance, the duration of which is determined by labor legislation and internal documents of the organization.

Determining the duration of vacation depending on the length of service of an individual

The duration of the main and additional allowance indicated above is used if the employee has worked in the company for 12 months. What should the accountant do if this condition is not met? In order to determine how many vacation days an employee is entitled to on the current date, it is necessary to determine his length of service in the organization.

For this purpose, provisions of the labor code have been developed, in particular Art. 121, revealing which periods are included in the length of service and which are not.

In accordance with the Labor Code of the Russian Federation, when calculating the length of service to determine the number of vacation days that should be provided to an employee, the following time intervals are included in the calculation:

• The period of actual performance of labor duties;
• The period during which the employee did not work, but his position and workplace were retained;
• Vacation period "at own expense" lasting no more than two weeks;
• The period of non-performance of labor duties caused by the illegal dismissal of an employee, up to the period of his reinstatement by a court decision.
• The time of suspension of an employee from work due to the lack of results of a medical examination due to the fault of the employer.

Labor law also establishes time intervals that must be excluded when calculating the length of service. These include the period of parental leave and the absence of an employee without providing supporting documents and having a good reason.

Dividing vacation into parts and the opportunity to receive monetary compensation

Art. 125 of the Labor Code defines the right of employees to divide the paid leave granted to them into component parts. This can only be applied if both parties to the employment relationship give their consent and one of the elements of annual leave is at least two weeks. The law does not establish how long each individual vacation of an employee lasts and the number of possible vacations during the year.

According to Art. 126 of the Labor Code, employees of domestic organizations have the opportunity to receive part of the paid leave in the form of monetary compensation. Thus, having determined how many vacation days an employee is entitled to, he has the right to receive some of them in monetary terms. The legislation prohibits receiving the entire vacation, both basic and additional allowance in the form of compensation, therefore, it has established certain restrictions. For the main vacation, it is possible to replace with money only the part exceeding 28 days. If we talk about additional admission, then you can receive compensation only for the days set by the company independently in excess of the minimum values.

Answering the question about how many vacation days are required by law in 2017, the Labor Code determined the minimum total duration of 28 calendar days. However, certain categories of workers have the right to count on a longer period of rest.