Every person working under an employment contract has the right to leave (part 5 of article 37 of the Constitution of the Russian Federation, article 21 of the Labor Code of the Russian Federation). Vacation refers to the rest time of the employee, i.e. during this period he is released from the performance of his labor duties and has the right to use this time as he sees fit (Articles 106, 107 of the Labor Code of the Russian Federation).

Paid leave is provided to the employee annually (Article 122 of the Labor Code of the Russian Federation). For the period of the next vacation under the Labor Code 2019, the employee retains his place of work (position), as well as average earnings (Article 114 of the Labor Code of the Russian Federation). That is paid vacation at the expense of the employer.

Paid leave must be granted to an employee regardless of his place of work, shift, form of remuneration, position held, term of the employment contract, legal form of the employer, etc. Therefore, vacations are provided, among other things, to those who work:

• part-time (Article 287 of the Labor Code of the Russian Federation);
• on a part-time basis (Article 93 of the Labor Code of the Russian Federation);
• at home (Article 310 of the Labor Code of the Russian Federation);
• remotely (Article 312.4 of the Labor Code of the Russian Federation).

At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).

Annual paid vacation: how many days

The duration of the annual main paid leave in the general case should be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But there are categories of workers who are supposed to:

• (for more days);
• provided in addition to the main one.

Another paid vacation: the procedure for its provision

As a general rule, in accordance with the Labor Code of the Russian Federation, annual paid leave is granted to an employee for each of his working years. Such a year is counted from the date the employee enters work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use the leave after 6 months. But in agreement with the management, a newly minted employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid leave can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the calendar year, that is, no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).

If the employee is going on vacation according to the schedule, then it is not necessary to take an application from him for the next vacation. In this case, it is necessary 2 weeks before the start of the employee's vacation or earlier, send him a notice of vacation against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide how to notify the employee (Letter of Rostrud dated July 30, 2014 No. 1693-6-1). For example, a notification might be written like this:

Limited Liability Company Kaleidoscope LLCTo Leading Engineer Kungurov I.S. Notification dated 05/08/2019 No. 2

We would like to inform you that in accordance with the vacation schedule approved for 2019, from May 27, 2019, you are provided with the main annual paid leave for 14 calendar days. Start date is June 10, 2019.

Head of the personnel department Petrenko O.N.

Notification received on 08.05.2019 Kungurov I.S. In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in the form No. T-6 or No. T-6a, respectively ().

Paid vacation must be no later than 3 days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).

Another vacation in personnel forms

In the time sheet in the form of No. T-12 or No. T-13 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1), vacation days are marked with the letter code "OT" or the digital code "09".

Also, a mark on the employee's vacation must be reflected in section VIII of the employee's personal card in the form No. T-2 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).

vacation application form

If your employee is going on vacation not according to the schedule, then he must write a vacation application addressed to the head of the company. The text of the application often begins with the words "I ask you to grant me another paid vacation ...". But the vacation period itself can be specified in different ways:

• from a specific date for a specific number of days;
• from one date to another date.

Both of these options are acceptable. But if holidays fall within the vacation period, then the number of vacation calendar days used can be .

A sample leave application (annual) can be found in a separate article.

Mandatory leave

Due to operational necessity or for other reasons, the employee may not use his vacation during the year. In this case, the accumulated vacation days are carried over to future periods. But for two consecutive years, paid leave under the Labor Code must be provided to the employee without fail. In addition, it is prohibited not to provide leave during the year to employees under the age of 18, as well as to persons employed in work with dangerous (harmful) working conditions (Article 124 of the Labor Code of the Russian Federation).

When should annual paid leave be extended or rescheduled?

The Labor Code of the Russian Federation provides for several cases when the vacation must be extended or postponed, taking into account the wishes of the employee. This applies to situations where an employee during annual leave (Article 124 of the Labor Code of the Russian Federation):

• sick or injured. At the same time, benefits for days of temporary disability are paid to the employee in the general manner (Letter of the FSS of the Russian Federation dated 05.06.2007 No. 02-13 / 07-4830);
• performed state duties, in which the legislation provides for exemption from work. For example, he was a juror in court (Article 10, paragraph 3 of Article 11 of the Law of August 20, 2004 No. 113-FZ).

If an employee, while on vacation, immediately notified his employer about his illness or the performance of his state duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on Regular and Additional Vacations, approved by the USSR Tax Code on April 30, 1930 No. 169) . In this case, a separate extension order is not required. As a result, the employee will return to work later than the originally set end date for the vacation.

If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then the issue of postponing part of the vacation for another period will need to be agreed with him. The employee will have to write an application for the postponement of the vacation.

By the way, if the sick leave was issued in connection with the need to care for a sick family member, then the leave for the period of incapacity for work is not extended and not transferred (clause 40.41 of the Order to the Order of the Ministry of Health and Social Development of Russia dated 06/29/2011 No. 624n, Letter from Rostrud dated 06/01/2012 No. PG/4629-6-1).

Other cases of transfer of vacation

As mentioned above, the worker:

• not later than 2 weeks before the start of the vacation must be notified about it;
• not later than 3 days before the start of the vacation must receive the vacation payments due to him.

If these requirements are not met, the employer, at the written request of the employee, will have to postpone the originally planned vacation for a different period agreed with the employee (Article 124 of the Labor Code of the Russian Federation).

Also, vacation must be postponed if the employee, due to production needs, agreed not to go on vacation in the current working year, or was recalled from vacation.

Payment of leave to employees for income tax purposes

Payment of vacation days for employees is taken into account for the purposes of taxation of profits as part of labor costs (clause 1, article 252, clause 7, article 255 of the Tax Code of the Russian Federation). We are talking about vacation pay, paid in accordance with the legislation of the Russian Federation. So this is the payment:

• main annual leave (regular or extended);
• additional annual leave granted to certain categories of employees;
• study leave, for the period of which the employee retains average earnings (Articles 173-176 of the Labor Code of the Russian Federation, clause 13 of Article 255 of the Tax Code of the Russian Federation).

But if, in accordance with a collective agreement or a local regulatory act, your employees are on vacation for a longer time than is established by law, payment for additional vacation days is not recognized as an expense (clause 24, article 270 of the Tax Code of the Russian Federation).

In addition, the payment of additional leave provided to an employee for the sanatorium treatment of an industrial injury or occupational disease is not taken into account in expenses (clause 3, clause 1, article 8, clause 10, clause 2, article 17 of the Law of July 24, 1998 No. 125- FZ). Since these amounts are subsequently compensated at the expense of the FSS: they are credited to the payment of insurance premiums against industrial accidents and occupational diseases in the FSS or can be reimbursed from the fund.

Holiday pay for employees: personal income tax and insurance premiums

Vacation pay paid to employees in connection with their annual paid leave is subject to personal income tax (clause 6, clause 1, article 208, clause 1, article 210 of the Tax Code of the Russian Federation), since this is the income of employees. Actually for the same reason, tk. vacation pay is a payment to an employee within the framework of an employment relationship, insurance premiums must be accrued from their amount (

Vacation duration under the Labor Code of the Russian Federation can be different - it all depends on the grounds for obtaining it. At the same time, vacations paid in accordance with legislative norms and provided annually can be basic and additional. We will talk about those and others further.

How long is annual paid leave?

To begin with, let's talk about the main annual leave, as it is for all working citizens, without exception. With its 115th article, the Labor Code determines that the standard duration of such a vacation is 28 calendar days.

Wherein length of annual paid leave it may be more - this is evidenced by the current Russian federal laws. So, for example, a longer vacation is provided for such categories of employees as:

• civil servants;
• police officers;
• military personnel;
• persons with disabilities, etc.

In addition, the employer is legally granted the right to independently establish extended holidays at their enterprises by developing appropriate provisions. In particular, such a condition may be contained in a collective / labor agreement or stipulated in other local regulations adopted and in force at the enterprise. Payment for such vacations is carried out at the expense of the profit of the enterprise.

From the foregoing, we can conclude that the legislator establishes only the minimum duration of annual leave for all categories of workers, but as for its increase, it is provided for by separate rules of law or independently developed regulatory legal acts. It should be noted that when making a decision on the introduction of additional holidays in organizations with their full payment, the opinion of the primary trade union body is also taken into account.

Don't know your rights?

About additional holidays paid by the employer

Separately, it is worth dwelling on vacations additionally established for citizens engaged in labor activities in special areas or in special conditions.

Here we are talking about vacations:

• for work in hazardous industries and / or industries with dangerous conditions;
• provided for the implementation of labor functions in the mode of irregularity;
• for work in the northern areas and areas equivalent to those.

In addition, according to Art. 14 of the Law “On Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas” dated February 19, 1993 No. 4520-1, the right to additional days of rest is granted to persons engaged in labor activities in the Southern regions of the Far East (Far East region ).

About additional holidays provided to "wreckers"

As you know, earlier the certification of workplaces was carried out in the country. Now its replacement has been a special assessment of the working conditions of workers, the results of which determine the degree of harmfulness of production (II, III and IV). A second option is also possible, in which working conditions can be classified as dangerous. Citizens working in such industries can count on receiving additional paid holidays annually.

In these cases vacation duration provided additionally must be at least 7 calendar days. More specifically, it is independently established at each individual enterprise on the basis of existing industry / inter-industry agreements (or the duration is negotiated when concluding collective agreements).

TK in Art. 118 indicates that additional paid leave may also be granted to persons working in special conditions. True, this legal norm does not disclose the concept of “special working conditions” and does not specifically indicate the work that falls under these very conditions. The article only contains an indication that the list of professions that can be attributed to professions with special working conditions must be approved by the Government of the Russian Federation. Today, for example, workers in health care, the coal industry, and some others have the right to leave this kind.

About paid leave for irregularity

Art. 119 of the Labor Code gives the employer the obligation to provide additional paid days of rest to employees working in irregular conditions. Data on positions / professions that are entitled to apply for such, on the specific procedure for granting these holidays, as well as their duration, should be indicated in the internal acts of the enterprise and the collective agreement. It is only legally established that the minimum duration of such a rest is 3 calendar days (See para. Additional leave for irregular working hours).

Paid maternity leave

When talking about paid holidays, one cannot fail to mention such a variety of them as those provided for pregnancy and childbirth. Despite the features available in this case, they can still be classified as paid holidays. In Art. 255 of the Labor Code states that the expectant mother has the right to expect to receive such leave lasting from 140 to 194 calendar days, depending on specific circumstances (multiple pregnancy, complicated birth, birth of 2 or more children).

Downloads:

Labor Code of the Russian Federation

Part Three

Section V Rest Time

Chapter 19

Article 114. Annual paid holidays

Employees are granted annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of the annual basic paid leave

Annual basic paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid holidays

Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 117

Annual additional paid leave is granted to employees whose working conditions at their workplaces, according to the results of a special assessment of working conditions, are classified as harmful working conditions of the 2nd, 3rd or 4th degree or dangerous working conditions.

The minimum duration of the annual additional paid leave for employees specified in part one of this article is 7 calendar days.

The duration of the annual additional paid leave of a particular employee is established by the employment contract on the basis of an industry (inter-sectoral) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

On the basis of an industry (inter-sectoral) agreement and collective agreements, as well as the written consent of the employee, drawn up by concluding a separate agreement to the employment contract, the part of the annual additional paid leave that exceeds the minimum duration of this leave established by part two of this article may be replaced by a separately established monetary compensation in the manner, in the amount and on the terms established by the sectoral (inter-sectoral) agreement and collective agreements.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees who are entitled to additional annual paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for granting it, are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in federal state institutions by regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation by regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions by regulatory legal acts of local governments .
(Part two as amended by Federal Law No. 55-FZ of April 2, 2014)

Article 120. Calculation of the duration of annual paid holidays

The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling within the period of the annual basic or annual additional paid leave shall not be included in the number of calendar days of leave.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leaves are added to the annual basic paid leave.

Article 121

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The length of service giving the right to annual basic paid leave includes:

actual work time;

the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;

time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;

the period of suspension from work of an employee who has not passed a mandatory medical examination through no fault of his own;
(as amended by Federal Law No. 317-FZ of November 25, 2013)

time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.
(paragraph introduced by Federal Law No. 157-FZ of July 22, 2008)
(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

The length of service giving the right to annual basic paid leave does not include:

the time of the employee's absence from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of leave to care for a child until he reaches the age established by law;

paragraph is invalid. - Federal Law No. 157-FZ of July 22, 2008.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Article 122. Procedure for granting annual paid holidays

Paid leave must be granted to the employee annually.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 123

The sequence of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Certain categories of employees, in the cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

temporary disability of an employee;

performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

in other cases provided for by labor legislation, local regulations.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)

It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

Article 125 Review from vacation

By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Part of the annual paid leave, exceeding 28 calendar days, at the written request of the employee may be replaced by monetary compensation.

When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.

It is not allowed to replace with monetary compensation the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, for work in appropriate conditions. (with the exception of payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code).
(as amended by Federal Law No. 421-FZ of December 28, 2013)

Article 127. Realization of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer.

Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:

participants of the Great Patriotic War - up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury received in the performance of duties of military service (service), or due to illness associated with military service (service) - up to 14 calendar days a year;
(as amended by Federal Laws No. 157-FZ of 02.07.2013, No. 305-FZ of 03.07.2016)

working disabled people - up to 60 calendar days a year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Labor Code of the Russian Federation

• Labor Code of the Russian Federation - table of contents
  • Chapter 1. Basic principles of labor legislation
  • Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
  • Chapter 3. General Provisions
  • Chapter 4. Representatives of employees and employers in social partnership
  • Chapter 5. Bodies of social partnership
  • Chapter 6 Collective Bargaining
  • Chapter 7. Collective agreements and agreements
  • Chapter 8. Participation of employees in the management of the organization
  • Chapter 9. Responsibility of the parties to the social partnership
  • Chapter 10. General provisions. Employment contract
  • Chapter 11. Conclusion of an employment contract
  • Chapter 12. Changing the employment contract
  • Chapter 13. Termination of an employment contract
  • Chapter 14. Protection of personal data of an employee
  • Chapter 15. General provisions. Work time
  • Chapter 16
  • Chapter 17. General provisions. Time relax
  • Chapter 18 Weekends and non-working holidays
  • Chapter 19 Annual paid holidays
  • Chapter 20. General provisions. Pay and labor regulation
  • Chapter 21 Pay and labor regulation
  • Chapter 22 Pay and labor regulation
  • Chapter 23. General provisions. Guarantees and compensation
  • Chapter 24
  • Chapter 25. Guarantees and compensations to employees in the performance of state or public duties
  • Chapter 26. Guarantees and compensations for employees combining work with education

Employees are granted annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of the annual basic paid leave

Annual basic paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid holidays

Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 117

Annual additional paid leave is granted to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open pit mining in open pits and quarries, in areas of radioactive contamination, in other jobs associated with adverse effects on human health of harmful physical, chemical, biological and other factors.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The minimum duration of the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, and the conditions for granting it, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees who are entitled to additional annual paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for granting it, are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget, local governments.

Article 120. Calculation of the duration of annual paid holidays

The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling within the period of the annual basic or annual additional paid leave shall not be included in the number of calendar days of leave.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leaves are added to the annual basic paid leave.

Article 121

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The length of service giving the right to annual basic paid leave includes:

actual work time;

the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;

time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;

the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;

time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law No. 157-FZ of July 22, 2008)

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

The length of service giving the right to annual basic paid leave does not include:

the time of the employee's absence from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of leave to care for a child until he reaches the age established by law;

paragraph is invalid. - Federal Law of July 22, 2008 N 157-FZ.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Article 122. Procedure for granting annual paid holidays

Paid leave must be granted to the employee annually.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 123

The sequence of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Certain categories of employees, in the cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

temporary disability of an employee;

performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

in other cases provided for by labor legislation, local regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

Article 125 Review from vacation

By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Part of the annual paid leave, exceeding 28 calendar days, at the written request of the employee may be replaced by monetary compensation.

When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.

It is not allowed to replace with monetary compensation the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, for work in appropriate conditions. (except for the payment of monetary compensation for unused vacation upon dismissal).

Article 127. Realization of the right to leave upon dismissal of an employee

Letter No. 2725-6-1 of 09.09.2010 from Rostrud stated that until the entry into force of Convention No. 132 of the International Labor Organization "On Paid Leave", the provisions of this article continue to apply that upon dismissal, the employee is paid monetary compensation for all unused holidays.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation enshrined in the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the last day of the employee’s work is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer.

Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:

participants of the Great Patriotic War - up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

Vacation is an event that all employees look forward to. But in order to be able to defend your right to rest, you need to study the legislative norms of 2019 regarding this issue. Read this article and get a lot of useful information.

Vacation is the annual right of a person to rest established by the legislation of Russia. Due to frequent violations of the rights of employees of companies, non-compliance with their obligations by employers, there are problems with the correct calculation of the number of legal days and registration of holidays.

Law of the Russian Federation on holidays 2019: how many days are provided

The annual basic leave under labor law in 2019 is provided for a period of 28 calendar days with the payment of wages. For a longer period, other categories of persons are entitled, the list of which is established by the relevant Federal Law (police officers, prosecutors, etc.)

Additional vacations are provided to persons with an irregular schedule, hazardous working conditions, and a specific nature of activity.

To whom and how many vacation days are additionally intended in accordance with the Labor Code (hereinafter - LC) as amended?

1. With an irregular schedule - according to labor legislation, from 3 days and more.
2. Persons with dangerous working conditions (builders who work in the North, etc.) - at least 7 days (Article 116 of the Labor Code).
3. Employees who perform work of a special nature - the term is regulated by decrees of the Government of the Russian Federation.

Another vacation according to the Labor Code 2019

Holidays are not taken into account when calculating the rest period.

What is the length of service under the new legislation taken into account:

• actual period of work;
• period of forced suspension from work (without the fault of the employee);
• time off taken without pay.

How many days an enterprise is obliged to provide an employee as additional rest depends on the hours worked in difficult and dangerous conditions.

What is the procedure for granting vacations under the Labor Code of the Russian Federation 2019?

Vacation is provided annually, in accordance with the established new legislation as amended in 2019. If a person is employed in the organization for the first year, then you can go on vacation six months from the date of registration or earlier, at the discretion of the head.

• pregnant women before maternity leave in 2019 (new law);
• minors;
• persons who have adopted 1-3-month-old children.

In subsequent years, vacation is provided at any time under the current federal law on vacation. A strict schedule is approved by the management of the unit by the relevant regulation on vacations in mid-December of the current year until the beginning of the next. Thanks to this, the employee can find out in advance whether it is possible for him to go on vacation in the summer or at another time of the year.

Changes can be made to the schedule, and then the rest time is transferred to another date at the request of the employee (Article 124 of the Labor Code).

WITH according to the Labor Code as amended, the next annual leave in 2019 can be divided into parts. The main period must be at least 14 calendar days. If the employer prematurely recalled the employee from vacation, the remaining number of days, according to the law, does not burn out, and the employee is given the right to take them off after a while.

Before going on vacation, an employee at work is given vacation pay. The amount of vacation pay is calculated taking into account the average salary.

Financial assistance and compensation under the Federal Law

The next annual leave in 2019 (the new law of the Russian Federation on vacation), which exceeds 28 days, can be partially or fully compensated in cash. Compensation for part of the vacation is not allowed for the category of persons who have dangerous working conditions at the enterprise, for pregnant women, minors (Article 126 of the Labor Code).

An employee of an organization who leaves a permanent place of work has the right by law to receive compensation for the entire period of non-vacation holidays, or refuse it, and take a vacation before dismissal.

The law establishes the possibility of providing rest without receiving wages. Vacation without pay differs in who and how many days can walk in addition to the main period. Persons who do not fall into this category cannot take this type of leave.

Who is entitled to unpaid leave?

For objective reasons, days off can take:

• persons who belong to the category of a participant in the Second World War - deserved a vacation of up to 35 days;
• pensioners who work - up to 14 days;
• close relatives of servicemen who died, were injured or temporarily ill - up to 14 days;
• disabled people who work – duration up to 60 days;
• employees who have had children plan to legalize marriage - up to 5 days;
• cases provided for by the federal laws of Russia (for example, you can go on study leave for a period of 21 days).

Regulations on assistance to Russian Railways employees in the Russian Federation

On January 15, 2016, the management of Russian Railways issued a letter that gives the company's employees the right to receive material assistance when they go on their next vacation.

Financial assistance is provided to those persons who have worked at Russian Railways for 11 months. The correct amount of assistance to be provided to an employee is determined as a percentage of his salary.

Bill to replace part of the vacation with compensation

The Government of the Russian Federation has decided to submit for consideration a draft law on replacing part of the vacation of civil servants with monetary compensation. According to the deputies' comments, this will in no way affect the right of the privileged category of civil service employees to rest, it will only allow them to correct and equalize rights with employees in other areas of activity.

Thus, civil servants will be able to take a minimum vacation of 28 days, and receive compensation for the rest of the days. This provision also provides for the establishment of a period (1 year) during which non-vacation days can be taken. If the transferred part of the vacation is not immediately used, the days will automatically burn out.

Additional related materials:

How to calculate maternity leave in 2019: an online payout calculator and everything about maternity leave
Application for vacation and time off on account of the upcoming vacation: sample
Payments upon dismissal and reduction: calculation of compensation and severance pay