All employees working under an employment contract (contract) are granted by the legislation of the Russian Federation the right to a long rest, called a vacation.

Vacations are:

• annual;
• additional;
• on pregnancy and childbirth;
• educational;
• without saving the average wage.

The nuances of the provision will be discussed below.

Duration

In 2019, the minimum annual paid leave is 28 calendar days. Certain categories of workers (teachers, doctors, police officers, etc.) are granted extended holidays.

Also, the law on holidays provides d additional vacations for TC:

• for work with VUS - 7 days;
• irregular schedule - 3 days;
• for a special character - is determined by the Decrees of the Government of the Russian Federation.

The new law on holidays in 2019 affected civil and government employees, amendments were made by the Federal Law “On Amendments to Art. 45 and 46 of the Federal Law “On the State Civil Service of the Russian Federation. Now the vacation of these workers is reduced to 30 days, regardless of position. Previously it was 35 days.

The calculation of additional days for leave for long service has also changed:

• from 1 to 5 years - 1 day for vacation;
• from 5 to 10 - 5 days;
• from 10 to 15 - 7 days;
• over 15 - 10 days.

Previously, the rule was 1 year - 1 day.

Additional leave for irregularity of employees - at least 3 days, and the maximum is determined personally by the employer.

Provision procedure

The employee receives the right to annual leave after six months worked from the date of official employment.

Not all employers and employees know that you can go on annual paid leave after working for six months, not a year (Rostrud Letter of December 24, 2007 N 5277-6-1).

Perhaps, and the provision of leave before the expiration of this time.

The right is enjoyed by:

• women, before or after maternity leave;
• parents who have adopted a child under the age of three months;
• workers under 18 years of age.

Thanks to the law on holidays in the Russian Federation of 2019, employees go on vacation according to the vacation schedule approved by the head of the institution in agreement with the chairman of the primary trade union organization. (The schedule is approved 2 weeks before the start of the calendar year).

For non-compliance with the schedule, the employer runs the risk of incurring an administrative fine of 50,000 rubles. in favor of the state. The schedule is compiled on the basis of personal statements of employees.

Regardless of the schedule, you can go on vacation at any time:

1. minors;
2. women before or after maternity leave;
3. women immediately after the end of parental leave;
4. other categories established by law.

Of course, vacation transfers at the initiative of the employee are possible, but only from his personal statement (“family circumstances” cannot serve as grounds for the transfer). It is possible for an employer to call an employee from vacation, but only if the latter wishes.

There are employees who are not allowed to be called back from vacation.

These workers include:

• minors;
• who are on so-called maternity leave;
• who are on parental leave;
• whose professional activity is associated with dangerous and (or) harmful working conditions.

Leave is granted to each employee annually. It is forbidden not to provide vacation for several years in a row. It is possible to grant a vacation for a maximum of two years at once, in total.

The law allows you to divide the vacation into several parts, but one of its parts must not be less than 14 days.

Leave without pay

The labor legislation defines the categories of workers applying for the so-called unpaid leave.

The law also spells out the period for which an employee can go on such leave.

• up to 35 calendar days a year - provided to participants of the Great Patriotic War;
• up to 14 calendar days - for old-age pensioners and parents and wives (husbands) of those who died or got sick in the performance of their combat duty;
• up to 60 calendar days - for disabled people of all groups;
• up to 5 calendar days - when registering a marriage, the birth of children, the death of relatives.

The list is not exhaustive, it can be increased in accordance with other legal acts of the state and the collective agreement of the institution.

Workers who combine work and training have the same right. For entrance examinations, preliminary hearings, intermediate and final certification. A prerequisite for the implementation of such a right is that the educational institution has state accreditation.

Leave without pay is issued by order of the head. Leave may be terminated at the initiative of the employee. The parties also have the right to agree on working off vacation, which is carried out during non-working hours.

Video: Worker's rights

Conditions for calculating material compensation and assistance

Cash compensation for unused vacation is applied upon dismissal. The Labor Code gives the right to compensation for part of the vacation in excess of the minimum vacation.

When vacations are summed up or vacations are transferred to another working year, parts of the vacation exceeding 28 calendar days may be replaced by compensation. Replacing part of the vacation is not an obligation of the parties to the employment contract, but only an obligation, therefore the employer has the right to refuse.

When the employment relationship with the employer is terminated, the employee receives compensation for unspent vacation, in amount it is equal to the vacation allowance. It is possible not to take compensation, but then you will have to take a vacation first.

A one-time payment when an employee goes on vacation is a fairly popular incentive for employees. Lump sum payments can be incentive and social. The first ones are incentives for vacations, and the second ones are aimed at solving any problems of employees.

Incentive payments up to 4,000 rubles are not taxed, but they are subject to insurance premiums. Over 4,000 rubles, the amount exceeding 4,000 rubles is taxed.

A lump sum payment for vacation must be spelled out in the local acts of the institution. But the absence of this provision does not imply the impossibility of providing such assistance. In the presence of budgetary funds, the payment has the right to exist. As a general rule, you can get such assistance after working in the organization for at least six months.

The amount of payments is also determined by the local acts of the institution and the employment contract with a specific employee. As a rule, the amount of payment for budgetary organizations is from 1 to 3 salaries. And for state and municipal employees - 2 salaries.

Financial assistance and compensation can be obtained by submitting an appropriate application to the head.

The latter may, in turn, refuse in the following cases:

• if such a provision is not spelled out in local acts;
• if after the vacation the employee is going to quit;
• if the employee has not worked for six months;
• if the employee is granted maternity leave.

In other cases, the employer violates labor law.

In budgetary institutions, the right to such payments is provided, but in institutions financed from the local budget, the amount depends on the profitability of this budget.

Regulations on assistance to Russian Railways employees in the Russian Federation

In 2019, the management of Russian Railways issued an order, based on which employees who go on annual leave can receive material assistance.

The right to this assistance arises for employees who have worked in the directorate for 11 months. The amount of assistance depends on the salary of the employee, as a percentage. The specific amount is established by local acts of the company's branches.

If the vacation is divided into shares, financial assistance is paid to one of the vacation shares, at the request of the employee.

If the employee is subject to disciplinary punishment, the amount of assistance may be reduced, but with the consent of the chairman of the primary trade union organization.

Provisions in the law on maternity leave in 2019

In fact, the provisions on maternity leave have not changed. But a new holiday law in 2019 set caps on payouts.

Terms of granting maternity leave:

• 140 days under normal conditions (70 before and after childbirth);
• 156 days for complications;
• 194 days if 2 or more children are born.

Maternity payments are calculated from the calculation - income for the last two years is divided by the number of days actually worked, and multiplied by the number of vacation days provided.

Mmaximum payments of maternity benefits:

• 248,144 rubles for one hundred and forty days;
• 276,526 rubles for 156 days;
• 343,884 rubles for 194 days.

The maternity allowance of a mother who is an individual entrepreneur depends on the amounts paid to the social insurance fund. And full-time students - from scholarships.

Conclusion

Currently, the State Duma is drafting bills on compensation by the employer of the costs of their employees on holidays in the resorts of the Russian Federation and on the replacement of parts of the vacation of state and civil servants with monetary compensation. But so far these are only projects and it is not known whether they will become law. So it doesn't make sense to talk about them.

To date, labor legislation for a greater number of employees, in terms of vacations, has not undergone any special changes. An employee can safely go on vacation in the current year.

Unfortunately, employers very often violate labor laws, especially in terms of providing and paying for vacations. If the rights of an employee are violated, it is necessary to contact the labor department.

In order not to create problems for themselves in the future, the parties must comply with the civil and labor laws of the country.

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, maybe. 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 places 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.

Current legislation guarantees all workers an annual long vacation. In addition to the fact that it is paid by the employer, when it is used, jobs, salaries and other working conditions are saved for employees. The procedure for granting, processing, paying for vacations is regulated by the Labor Code of the Russian Federation.

For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they concern both ordinary workers and certain categories of personnel.

The obligation to comply with the procedure for granting vacations rests with employers. Therefore, it is important to know and strictly adhere to it. Violations are subject to administrative liability and other penalties.

Norms of the Labor Code

The rights of citizens to rest at a new job are protected by labor legislation. Article 122 establishes that the first paid vacation period is due to the employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month. In accordance with Art. 115 total duration of rest - 28 days.

With the approval of the employer, the first leave may be granted even before six months of work.

• citizens under the age of 18;
• employees who are expecting a baby;
• employees who have adopted children under the age of 3 months;
• other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Attention! Leave is given to the designated categories of employees on the basis of personal applications indicating and official confirmation of the right to early rest. The employer does not have the right to refuse even in case of an urgent production need for them.

Some employers are inclined to believe that after six months of work, vacation should be taken partially. However, this position is misleading.

After working with a new employer for 6 months, the specialist receives the full right to all types of recreation provided for:

• main annual;
• additional;
• elongated, etc.

Russian law allows you to give holidays in advance in the first working year. When an employee is dismissed before the hours worked, for which rest has already been granted, it is allowed to withhold paid vacation pay (Article 137 of the Labor Code of the Russian Federation). The calculation is made according to the rule of article 138 of the Labor Code, which establishes a maximum deduction of earnings in the amount of 20%.

It's important to know! An exceptional case of calculating the duration of the first vacation period is additional vacation, which is provided when working with harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation).

To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed and approved two weeks before the end of the current calendar year.

What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in such a situation. The vacation schedule is not adjusted retroactively. Upon a written application of a new employee, he is granted the first leave at the time prescribed by law, unless otherwise agreed by the parties to the employment relationship.

Attention! The Labor Code does not prohibit the adjustment of the main vacation schedule during the year. For this, the personnel department prepares an additional schedule, agreed with the employees, the trade union of the organization and approved by the head in the usual manner.

Registration of the vacation period in the first year of employment does not differ from other years.

The order is as follows:

1. Writing an application by an employee.
2. Approval of the application by the head and issuance of the order (form T-6).
3. Calculation of vacation pay with entering information into and.

Vacation pay is calculated based on the average earnings for the previous year. In the case of a new employee who has not worked for 12 months, wages are taken for the actual hours worked from the beginning of his work to the month in which the application was submitted. In the same way, the average earnings are calculated and the billing period is determined.

When is the first vacation after getting a job

At a new place of work, leave is due from the first year (part 1 of article 122 of the Labor Code of the Russian Federation). Each subordinate, regardless of the duration of cooperation with the employer, has the right to receive vacation days annually. Consequently, employees have all legal grounds for demanding leave in the new organization in the first year of their work.

All employees working under employment contracts have the right to leave. The conditions for the rest of workers working on, are determined by the parties independently. Such agreements include work contracts, provision of paid services and some others.

A vacation is an uninterrupted period of rest for an employee lasting several days with the vacationer retaining a workplace at the enterprise, salary and other working conditions.

As a general rule, the first vacation after getting a job is due after 6 months of work with a new employer (part 2 of article 122 of the Labor Code of the Russian Federation). The legislation does not speak about the specific moment of its provision. Therefore, you can claim the right to leave immediately after six months of work or later, at a convenient time before the end of the calendar year.

If the annual paid leave was not used, the employer must compensate him financially. Despite the fact that the procedure for providing rest to employees is regulated by law, it will not be superfluous to reflect it in the labor agreement. All employers are required to give employees leave after six months of work. They cannot refuse it.

Is it possible to leave early?

The Labor Code determines that the employer has the right to give leave earlier than the deadline (part 2 of article 122). He makes this decision on his own. There are no legal grounds for the exit of an ordinary employee who has not worked for six months. The exception is the categories of personnel named in Part 3 of Art. 122.

A new employee is entitled to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant (not older than 3 months);
• is a pregnant woman (before the leave associated with this event or immediately after it).

There are other exceptional cases defined by federal law.

Rest order

The frequency of vacation periods at the enterprise is established by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for half a year, vacations are planned for the next year or changes are made to the current schedule.

As a general rule, every employee has the full right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period, which is due by law, can be divided into parts, one of which should not be less than 14 days.

Duration

The duration of the first vacation at a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, subject to 6 months of work. Moreover, this period of work must be continuous.

It is important to understand that it is not necessary to go on vacation after six months. Vacationing a new employee for an annual vacation is an employer's right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.

The employee must exercise his right to basic paid leave within a year. It is the responsibility of the employer to control this. By law, if the reporting period ends, he must send an employee on vacation who has not yet gone on vacation. Employers are responsible for unused holidays.

The employee, in turn, may refuse to leave and ask for his replacement with monetary compensation. This issue is resolved by agreement of the parties to the employment relationship. The subordinate has the opportunity to use this right only once every two years. It is forbidden to refuse the main vacation for two, three years or more in a row.

As a general rule, the total duration of the annual vacation period is 28 calendar days.

• working under dangerous or difficult conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• underage workers;
• workers on irregular days.

Other cases of granting additional days are also possible, provided for by federal laws or local acts.

The employer gives his consent to the employee's leaving on vacation if he has a replacement for another specialist or he can temporarily do without him. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. more than he actually earned. Previously, such a possibility was out of the question.

Naturally, employers try to avoid such privileges, since the risk that an employee will not return after receiving payment in advance is very high.

To protect the employer, the law provides for the possibility of collecting debts from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage suffered.

Procedure for registration and payment in 2019

The official local document of the organization that regulates the procedure for employees to go on vacation is the vacation schedule. It contributes to the observance of the effective operation of the enterprise and the prevention of missing legal rest. After all, the duty to control the use of vacation days by staff is assigned to employers.

The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation). Therefore, in 2019, the last day of its signing is December 17. At an enterprise that has a trade union body, it is obligatory to take into account its opinion when drawing up a document. If it is necessary to postpone vacation days, the changes must be coordinated with the employees concerned.

Attention! The employer is required to give every employee a summer vacation at least once every four years.

If at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be provided with mandatory rest after employment for the next calendar year.

If the employee has the right to use the first vacation before six months of work and has expressed a desire to use it, it is necessary to include his vacation in the general schedule.

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days needed by the vacationer. Payment is made after notification of the employee and before the first day of vacation. The enterprise issues an order containing information on the number of vacation days provided, their dates. The vacationer must familiarize himself with it against signature.

If it is not possible to familiarize the employee with the order personally, a special notification is sent to him.

The amount of vacation pay is calculated by the accounting department based on the average earnings for the last year of work. The previous three business months may be used in the calculation. Earnings include not only the basic salary, but also all bonus payments, remuneration, allowances.

The entire earnings of the vacationer are divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Similarly, monetary compensation for unused annual rest is calculated in the event of an employee's refusal or dismissal. An application is required to receive compensation.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance. It is prohibited to transfer the payment to the next business day. For violation of these rules, the employer bears administrative responsibility.

In case of violation by the employer of the terms for paying vacation pay, the subordinate has the right to refuse the vacation and take it any other time at his discretion.

In addition to paying vacation pay, the company must make pension and tax deductions on them. For their transfer, the accounting department draws up payment orders. By law, all amounts must be transferred to government agencies on the day the vacation pay is paid.

The establishment of state guarantees in the field of labor, the creation of favorable conditions for work, the protection of the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Eases for microenterprises

From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 07/03/2016 No. 348-FZ). It establishes some features for employers who are.

Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. We are talking, for example, about the rules of internal labor regulations, the regulation on remuneration or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if the micro-enterprise refuses to develop such acts, must be included directly in labor contracts with employees. For this, the standard form of an employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

A new mandatory document when concluding an employment contract

On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances are not allowed to certain types of work until the end of the term of such punishment (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:

• work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of February 9, 2007 No. 16-FZ);
• work directly related to the movement of trains and shunting work (clause 3, article 25 of the Federal Law of 10.01.2003 No. 17-FZ);
• work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).

Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs No. 665 of October 24, 2016) on whether the person is or is not subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru, the latest amendments to the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 do not come into force on June 19 (the next day ), and after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that, as a general rule, overtime work is paid for the first two hours at least one and a half times, for subsequent hours - at least twice the amount or is compensated by providing an equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.

Additionally, the features of remuneration on a weekend or non-working holiday are clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

During the holidays, there is an additional burden on the personnel department. It is important to comply with the current rules that relate to the timing of the granting of leave and payment for the employee's rest. In the material we will tell you what are the rules for granting leave to an employee, and what nuances must be taken into account when registering the annual rest of team members.

From the article you will learn:

Rules for granting holidays in 2019

According to Art. 114 of the Labor Code of the Russian Federation, each employee of the enterprise, regardless of the form of his ownership and other organizational and legal characteristics, has the right to provide him annual leave which must be paid. At the same time, Art. 115 of the Labor Code of the Russian Federation clarifies that, in the general case, the duration of such a vacation is 28 calendar days.

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At the same time, in some cases, its duration can be increased. This condition applies, in particular, to employees with special characteristics, for example, employees under the age of eighteen, and to certain categories of specialists, for example, teachers of municipal employees, etc.

Note! The organization has the right, at its discretion, to establish paid leave of longer duration for employees, fixing this rule with a local regulatory document.

When calculating the duration of vacation and its registration, personnel officers must take into account that, according to current legislation, all calculations related to vacations are made in calendar days. Thus, standard holidays count towards the total rest period, and a normal holiday of 28 days represents four full calendar weeks.

However, the current rules for granting leave - 2019, in particular, the provisions of Part 1 of Art. 120 of the Labor Code of the Russian Federation, establish that non-working days declared public holidays in Russia are not taken into account in the total duration of the vacation.

This means that if such a holiday falls during an employee's vacation period, its total duration is increased by the number of days of the holiday - but at no additional charge.

Vacation schedule

The fundamental document that determines the procedure for granting vacations in a particular organization is. According to Art. 123 of the Labor Code of the Russian Federation, it is approved by the employer for the entire next calendar year, and this must happen no later than two weeks before its actual occurrence.

In the schedule - if possible, taking into account the wishes of the employees - the duration and timing of the vacation of each employee is fixed. Scheduling allows the employer to organize the production process with the least losses from the absence of a particular employee at the workplace, ensuring the redistribution of his functions among other employees.

Note! In the event that a trade union organization operates at the enterprise, the employer is obliged to take into account its collective opinion when drawing up a vacation schedule.

Thus, for the most part, the order in which employees go on vacation is known long before the actual onset of their vacation period. At the same time, it must be taken into account that the current legislation provides certain categories of employees with the right to take extraordinary leave at the desired time. For example, this applies to:

pregnant women and their spouses;

spouses of military personnel;

some other workers.

In this case, changes are made to the approved schedule that correspond to the actual procedure for sending employees on vacation.

Note! According to the current rules for granting vacation in 2019, to draw up a vacation schedule, an enterprise can use the unified form No. T-7 or use its own form of the organization.

Rules for granting annual paid leave: 2019

After the vacation schedule is agreed and approved, the responsibility for its implementation and compliance lies entirely with the employer. In order to comply with the correct implementation of the procedure for sending an employee of the organization on vacation, the employer needs to follow the implementation of several of its key stages:

Note! The procedure established by law does not imply the mandatory execution of an application for leave by the employee himself.

However, in some organizations of their own choice, this practice is quite common. In addition, writing an appropriate application is also practiced if it is necessary to go on an extraordinary vacation. In this case, an employee who, under the current legislation, is entitled to a preferential procedure for choosing vacation dates, has the right to apply to the employer with an application, indicating the desired vacation dates in it.

Leave notice for an employee

Art. 123 of the Labor Code of the Russian Federation establishes that two weeks before the planned date for the employee to go on vacation, the employer must notify him of this fact. The current rules for granting paid leave do not specify exactly how this should be done.

Therefore, in order to avoid disagreements on this issue, experienced specialists recommend solving such a problem by sending a written notification to the employee. It specifies the dates and duration of the vacation, as well as the actual time of its beginning and exit to work. Such a document should also provide a place for the signature of the employee, who thus confirms the fact that he has read the contents of the notification.

Note! In large organizations, in order to optimize the order of notices of leave, they often start a special log. It contains information about vacation dates, and there is a special column in which the employee signs after reading this information.

Leave order

The current rules for granting annual leave suggest that the legal basis for sending a specialist on vacation is an order to grant leave. For its formation, personnel officers often use forms No. T-6 or No. T-6a (respectively, for sending one or more employees on vacation), approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting labor and wages.

However, in accordance with the provisions of the Federal Law of December 6, 2011 N 402-FZ “On Accounting”, such forms are no longer mandatory, therefore each enterprise has the right to independently form the form of such an order.

Clause 3.11 of GOST R 6.30-2003, put into effect by the Decree of the State Standard of Russia dated March 3, 2003 No. 65-st, establishes that an order to grant leave to an employee must necessarily have a registration number corresponding to the order of numbering documents in the organization, and signature of the head of the enterprise: from the moment all this information is put on it, the document is considered valid.

At the same time, the employee who is subject to the order must also put his signature and date on it, thereby certifying the fact of familiarization with its contents.

Note! In accordance with clause 3.12 of GOST R 6.30-2003, the order number can be provided with an additional index specifying the category of the document, for example, K (personnel) or L (personnel).

Calculation and payment of vacation pay

The calculation of the amount of money that is due to be paid to an employee sent on vacation is made on the basis of the so-called calculation note: this document records the average daily earnings of the employee and the amount of time worked. Based on this information, the amount of payments made as vacation pay is calculated.

Many personnel officers use the unified form No. T-60 to form this document, however, employers are allowed to use their own forms for these purposes.

The rules for granting leave to an employee provide that the payment of vacation pay to an employee sent on vacation must be made no later than three days before it starts: such a requirement is established by Art. 136 of the Labor Code of the Russian Federation. At the same time, the letter of Rostrud dated July 30, 2014 No. 1693-6-1 clarifies that in this case to calculate the required timing of the implementation of the necessary payments should be used calendar days.

Note! Current legislation gives the employer the right to pay vacation pay at an earlier date.

The final procedure for sending a specialist on vacation will be to enter information about him into a personal card, where it is necessary to indicate all the data on the provision of rest to the employee, including dates and duration, type of vacation, etc. At the same time, in accordance with the current rules for granting leave to employees, the employer does not need to provide such records to the employee for review.

Rules for granting annual additional paid leave

Art. 116 of the Labor Code of the Russian Federation establishes that some categories of workers are provided with additional holidays in addition to the main paid leave of 28 calendar days. In particular, we are talking about the following categories of employees:

• employees working in harmful or dangerous conditions. The right to receive such leave is given to specialists who, according to the results of a special assessment of working conditions, were diagnosed with conditions corresponding to hazard classes 3.2, 3.3, 3.4 or 4. The duration of additional rest for them must be at least 7 calendar days. Other conditions for granting leave are prescribed in Art. 117 of the Labor Code of the Russian Federation;
• employees with a special nature of work. The conditions for granting such leave are prescribed in Art. 118 of the Labor Code of the Russian Federation;
• employees working irregular hours. They are entitled to additional leave of at least three calendar days. Its actual duration is established by a collective agreement or a local regulatory act in the manner established by Decree of the Government of the Russian Federation of December 11, 2002 N 884 “On Approval of the Rules for Granting Annual Additional Paid Leave to Employees with Irregular Working Days in Federal State Institutions”. Other conditions for granting leave are prescribed in Art. 119 of the Labor Code of the Russian Federation;
• employees working in the climatic conditions of the Far North. The duration of such a rest can be from 8 to 24 calendar days and is determined in accordance with the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Localities."

Note! If this does not contradict the law, employers have the right to establish additional holidays for their employees, even if this is not provided for by the listed sections of the Labor Code and other regulatory documents.

Thus, the provision of leave is a rather complicated procedure, the implementation of which must comply with many nuances. At the same time, the Vacation Rules - 2019 are fully based on the provisions of the Labor Code, therefore, personnel officers should be guided by it in the first place.

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