10.08.2019
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6 min.
Federal legislation defines the right of citizens who have officially entered into an agreement to take 28 calendar days of rest annually. Regulatory documents establish persons who are awarded additional time off for work in areas that pose a danger to life and health due to harsh climatic conditions. To be eligible to use preferential leave, you must have at least six months of work experience in the given territory.
Legal rules for granting northern holidays
For citizens working in the territories of the Far North and equivalent areas, employers are required to provide additional leave in addition to the main leave (Article 116 of the Labor Code of the Russian Federation, Article 321 of the Labor Code of the Russian Federation). The general right of workers in unfavorable natural conditions to receive additional support is enshrined in Art. 313 Labor Code of the Russian Federation.
Minimum duration of additional holidays in the regions of the North (their List can be found in Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12) is (Article 321 of the Labor Code of the Russian Federation, Article 14 of Law of the Russian Federation No. 4520-1):
- in the Far North - 24 calendar days ;
- in areas equated to the Far North - 16 calendar days ;
- in other territories where there is a regional coefficient and a northern allowance - 8 calendar days .
We emphasize that the law establishes the minimum duration of additional rest that is obliged to provide. It is not prohibited from establishing in local regulations a longer duration of northern vacation for its employees.
You can download a file with a table of Russian regions based on additional permits for free from our website here.
IMPORTANT!
The duration of additional rest, like other guarantees and compensation in the North, is determined by the place where is actually performed, and not by the territory where the employer is located.
Northern leave is combined with the main paid leave (Part 2 of Article 120 of the Labor Code of the Russian Federation). Based on this, the possibility of using additional salary for the first time. Leave occurs for an employee six months after employment. In the future, it is provided at any time of the year in accordance with the schedule (Articles 122, 322 of the Labor Code of the Russian Federation).
IMPORTANT!
Additional leave for work in the Far North is provided not only at the main place of employment, but also part-time (section 5 of the Review of the practice of considering cases by courts, approved by the Presidium of the Armed Forces of the Russian Federation on February 26, 2014, Article 321 of the Labor Code of the Russian Federation).
In a situation where an employee was busy during the working year in regions for which different durations of additional additional work were established. vacation, its total amount is calculated in accordance with the proportion of periods worked in each territory.
Northerners are allowed to accumulate vacation for a two-year period and no more. But at the same time, the total duration of the annual vacation, taking into account the travel time to the place where it takes place, should not exceed 6 months (Part 3 of Article 322 of the Labor Code of the Russian Federation). remainder of the vacation beyond the 6-month period carries over to the next year.
IMPORTANT!
Additional rest for work in difficult climates is provided in addition to the additional allowance. leave for work in hazardous conditions, for irregular working hours and on other grounds determined by law, as well as increased basic leave for certain categories of employees.
EXAMPLE
The worker works long hours in hazardous conditions (condition class 3.3) in the Far North. How much rest is he entitled to?
The employee must provide:
- main vacation – 28 days;
- add. irregular leave – 3 days;
- add. leave for hazardous working conditions – 7 days;
- additional number of vacation days in the Far North - 24 days.
In total, he has the right to 25 + 3 + 7 + 24 = 59 days of rest.
Conditions for granting vacation in the Far North to part-time workers
The legislation applies equally not only to main workers, but also to those who work part-time.
Part-time workers who work in the northern and equivalent regions, in addition to the annual basic paid and additional paid leave provided by law (provided on a general basis), can receive additional paid leave.
It is important that the management of the organization where the northerner works part-time is aware that annual paid leave must be provided at the same time as leave at the main place of work.
In the case where a person is employed part-time in a company where he has worked for less than six months, leave can be provided in advance.
In a situation where in a company where a person works part-time, the duration of annual paid leave is shorter than the duration of rest at the main place of work, the employing company, at the request of the worker, can provide him with leave without pay.
How to calculate length of service for additional leave in the North
To calculate the length of northern leave, the same rules apply as for the main paid leave. It includes (Article 121 of the Labor Code of the Russian Federation):
- periods of work (in this case, the duration of the working week and work shift do not );
- time of release from work with or without pay in accordance with the law (weekends, holidays, vacations);
- time of forced absence due to illegal dismissal or exclusion from work, including for those who did not pass a medical examination through no fault of their own;
- periods of unpaid leave granted at the request of the worker, lasting no more than 14 calendar days per year;
- maternity leave;
- downtime caused by the company.
The length of service is calculated in calendar terms from the date of hire to the last day of each working year.
The following are not taken into account when determining length of service for additional northern leave:
- absences without good reason (including suspension for alcohol intoxication, failure to undergo training and medical examinations due to the fault of the employee);
- time of parental leave for children up to 1.5 and 3 years old.
For the indicated periods, as well as for the duration of vacations without pay over 14 calendar days per year, the working year is shifted for calculating length of service. The procedure for calculating length of service if the employee was on parental leave is discussed in the letter of the Ministry of Labor dated October 25, 2018 No. 14-2/OOG-8519. It states that the length of service shifts by the number of days from the start of the vacation to the end of the working year.
In addition, for employees working on a rotational basis, there are specifics for calculating vacation time. It depends on whether the employee travels on shift from the Far North or from other regions where there is no northern allowance.
Is it possible to replace vacation with monetary compensation?
Article 126 of the Labor Code of the Russian Federation establishes the possibility of such a replacement, but not for all employees. Thus, it is impossible to pay money in lieu of rest to minor employees, as well as to pregnant women until maternity leave ends.
The replacement must occur at the request of the employee, so you must obtain a written application from him. On the other hand, the law establishes not the obligation, but the right of the employer to such a replacement, therefore the employee has no right to demand mandatory payment of compensation.
If management does not intend to pay the money, it has the right to refuse this to the employee and send him to rest for the entire allotted time.
Dear readers, each case is individual. If you want to find out how to solve your particular problem, call:
- Moscow.
- Saint Petersburg.
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How to calculate the number of days of additional vacation
In general, the number of days of additional leave due in the North is determined by the formula:
| Kdo = Dx/12 × Cr – Oi |
Where:
- Kdo - the number of vacation days in the Far North during the working year;
- Dks - the number of days of additional leave provided in the region;
- Сг – vacation time worked by the employee in the North;
- Oi – the number of days of additional use already used in the current year. vacation.
Each month, each employee receives:
- Far North: 12/24 = 2 days ;
- areas equivalent to the North: 16/12 = 1.33 days ;
- other territories with surcharges: 8/12= 0.67 days .
KEEP IN MIND
Current legislation does not contain a ban on providing northern leave in advance by agreement of the parties to the employment contract.
What regulations does it regulate?
Labor legislation guarantees annual basic leave to any employee whose work is confirmed by an employment contract. In addition, certain categories of employees, other things being equal, are provided with additional leaves.
True, all this applies to a large group of workers, while Article 321 of the Labor Code of the Russian Federation applies only to those of them whose labor function directly takes place in the territories of the Far North or in areas that have been equated to it at the legislative level.
IMPORTANT. In general, the entire Chapter 50 of the Labor Code of the Russian Federation applies to persons engaged in activities in such conditions, where you can obtain the necessary information regarding the specifics of granting leave, legal guarantees, etc.
How is the amount of payment for additional leave in the North calculated?
All vacation pay payments must be made no later than 3 calendar days before the start of the rest period (Part 9 of Article 136 of the Labor Code of the Russian Federation). The funds due for additional leave are determined in the usual manner provided for in Art. 139 of the Labor Code of the Russian Federation based on calculation of average earnings. Average daily earnings are calculated using the formula:
| Sz = (FOT/12) ⁄ 29.3 |
Where:
- Сз – average daily earnings for vacation;
- Payroll – the employee’s salary for the 12 calendar months preceding the month the vacation begins;
- 29.3 – average monthly number of days per year.
When asked whether a regional coefficient is calculated on vacation pay, a negative answer should be given. No, it is not accrued, since the coefficient and bonus are already taken into account as part of the payroll in the above formula.
When calculating average earnings, you should also be guided by the norms of the Regulation on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.
The amount of vacation pay is determined by the formula:
| Co= Sz × Kddo |
Where:
- Co – the amount of payments due for additional leave;
- Сз – average daily earnings;
- Kddo – number of days of additional leave.
In addition, on the basis of Art. 325 of the Labor Code of the Russian Federation, once every 2 years must pay the employee the cost of travel to the place of rest. If this is provided for in the organization’s local regulations, compensation also applies to the employee’s family members.
The first payment for vacation travel for employees of the Far North is made when the first period of rest is granted. The amount and procedure for paying the specified compensation to the organization are established by commercial organizations independently in local regulations.
Directions to the vacation spot
Art. 325 of the Labor Code obliges employers to pay travel to the place of rest and back for those employees who perform their duties in the conditions of the ISS CS. But here are the conditions:
- Travel expenses are reimbursed only within the Russian Federation.
- Not only the costs for the passenger are paid, but also for the transportation of baggage.
- An employee can use this right only 2 times a year, provided that the trip falls on paid vacation.
- If the opportunity is not taken advantage of on time, the compensation is not transferred to the next vacation, is not cashed out and is not summed up.
This provision also applies to those employees who took leave with subsequent dismissal.
