Duration of paid leave according to the Labor Code of the Russian Federation

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work 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 areas. cases provided for by this Code and other federal laws.

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

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves 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 of June 30, 2006)

Duration of vacation

The minimum number of vacation days that employees are entitled to is established by law. According to the norm of Art. 115 of the Labor Code of the Russian Federation is 28 days a year. This refers to so-called calendar days, that is, the duration of rest includes not only working days, but also weekends, a total of 4 full weeks. There is no maximum limit. Each employer, in agreement with the team, has the right to decide how long the vacation lasts in the organization.

The main leave may be more than the minimum by virtue of the law. Thus, the following employees are entitled to extended rest time:

minors - 30 days;
civil servants - 35 days;
municipal employees - 30 days;
judges - 30 days;
police officers and prosecutors - 30 days;
State Duma deputies - 42 days;
rescuers - 30-40 days;
working with chemical weapons - 56 days;
teachers and teachers - 56 days;
educators - 42 days;
doctors and medical staff - 48 days;
candidates of science - 36 days;
Doctor of Science - 48 days.

The duration of additional vacations is also established by law. The Labor Code provides additional days for such categories as:

workers of hazardous and hazardous industries - at least 7 days;
employees with work of a special nature - from 2 days (determined by the Government for each individual case);
employees with irregular hours - at least 3 days;
workers of the Far North - 24 days, equivalent to CS areas - 16 days.

As in the case of basic leave, only the lower limit is established by law. If an employer wants to extend the rest of his employees and pay, he has the right to do so. The duration of the main or additional leave, which differs from the generally accepted one, is prescribed in the collective agreement.

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

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

(as amended by Federal Law No. 90-FZ of 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 local budget - local government bodies.

Types of such holidays

The employer is obliged to provide leave without pay by issuing an order; leave can be taken by:

pensioners, if they continue to work upon reaching retirement age - for a period of no more than 14 days a year, without calculation;
participants of the Great Patriotic War, for a period of no more than 35 calendar days a year, without payment;
spouses, mothers and fathers of military personnel or law enforcement officers who died during service, including on a business trip, or from an illness acquired during service, without calculation - for a period of up to 14 days a year;
disabled people - for a period of no more than 60 days a year, without calculation.

Upon application, the employer is obliged to provide leave in the event of the death of relatives, registration of marriage, birth of children - for a period of up to 5 days, without calculation.

This list is not closed. The laws of the Russian Federation grant the right to leave without pay to other categories of employees, for example:

combat veterans;
a sick employee without sick leave;
pregnant women;
candidates and members of election commissions during elections;
employees working part-time (or seconded);
persons combining work and study;
other categories of workers.

Collective agreements and other internal documents may provide for and take into account lists of persons to whom the employer undertakes to give unpaid leave and other additional days of rest. Refusal to provide such provision is unacceptable, as is cancellation of the order, for example:

to a mother or father who has two or more children under 14 years of age - for up to 14 days a year;
a single mother, or a father raising a child without a mother, if the child is not older than 14 years - for the same period;
mother or father raising a child with a disability under 14 years of age - for the same period. In addition, the mother or father of a disabled child is entitled to additional days off to care for the child or for other purposes.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

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

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

Article 121. Calculation of length of service giving the right to annual paid leave

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

The length of service that gives 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, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to 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;

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

(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

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

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

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. — Federal Law of July 22, 2008 N 157-FZ.

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

Additional leave according to law

It is mandatory (according to law) that additional leave must be provided to:

employees with irregular working hours (Article 119 of the Labor Code of the Russian Federation);

professional athletes and coaches (Part 2 of Article 348.10 of the Labor Code of the Russian Federation);

employees working at their main place of work or on a rotational basis in the regions of the Far North and equivalent areas (Articles 321, 287, 302 of the Labor Code of the Russian Federation);

employees working in other regions of the North, where regional coefficients and a percentage increase in wages are established (Article 14 of the Law of February 19, 1993 No. 4520-1, paragraph 4 of the Rostrud letter of September 12, 2013 No. 697-6-1 );

Chernobyl victims (Articles 14, 16, 18, 19 and 20 of the Law of May 15, 1991 No. 1244-1);

employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions (Article 117 of the Labor Code of the Russian Federation).

Situation: is it necessary to provide additional leave to external part-time workers working in the Far North or equivalent areas?

Controlling agencies take the position that external part-time workers are entitled to additional leave.

As a general rule, employees working in the Far North or equivalent areas are subject to the provisions of Law No. 4520-1 of February 19, 1993. This law establishes state guarantees and compensation that should compensate for additional material and physiological costs associated with living and working in extreme conditions. One of such compensation is the right of employees to additional vacations (Article 14 of the Law of February 19, 1993 No. 4520-1, Articles 321, 287, 302 of the Labor Code of the Russian Federation). However, in accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensation for persons working in the Far North and equivalent areas are provided only at their main place of work. Consequently, external part-time workers working in the Far North and equivalent areas do not have the right to additional leave.

At the same time, in private explanations, representatives of the Ministry of Health and Social Development of Russia and Rostrud believe that labor legislation does not provide grounds for qualifying the right to additional leave as a guarantee or compensation. The types of leaves and the procedure for their provision are regulated by Chapter 19 “Vacations” of Section V “Rest Time”, and not by the provisions of Section VII “Guarantees and Compensations” of the Labor Code of the Russian Federation. Article 321 of the Labor Code of the Russian Federation, which determines the rules for granting leave to part-time workers, also does not equate additional leave with guarantees or compensation. Thus, the restrictions established by Article 287 of the Labor Code of the Russian Federation do not apply to paid additional leave, which should be provided to external part-time workers working in the Far North or equivalent areas. A different approach would violate the rights of part-time workers who, in difficult climatic conditions, work not only at their main place of work, but also at an additional place of work.

Financial department specialists take a similar position. In their opinion, if a part-time employee holds a position for which extended annual paid leave is provided, then he has the right to take advantage of it on the basis of Article 115 of the Labor Code of the Russian Federation (letter of the Ministry of Finance of Russia dated May 16, 2011 No. 03-03-06/1 /294).

In the situation under consideration, the organization must independently decide to provide additional leave to part-time workers working in the Far North or equivalent areas. Arbitration practice on this issue has not yet developed.

Advice: include a condition on providing an external part-time worker with additional paid leave in the text of the employment contract (Part 2 of Article 116 of the Labor Code of the Russian Federation). This will avoid possible claims from regulatory agencies.

The labor or tax inspectorate may apply sanctions if, during an inspection, they decide that the additional leaves provided for in Article 14 of Law No. 4520-1 of February 19, 1993 are not entitled to external part-time workers. You can avoid sanctions by including in the employment contract a condition on providing an external part-time worker with additional leave provided for by law. This will avoid:

administrative fine for violation of labor legislation;

penalties and fines on income tax for unlawfully inflating labor costs.

Situation: is it necessary to provide additional leave to an employee who periodically goes on business trips to the Far North?

Answer: no, it is not necessary.

Employees who go on a business trip are guaranteed to retain their place of work (position), average earnings, as well as reimbursement of expenses associated with the business trip. This is stated in articles 167 and 168 of the Labor Code of the Russian Federation. Employees who work in the following areas have the right to additional leave related to work in the Far North and equivalent areas:

at the main place of work (Articles 321, 287 of the Labor Code of the Russian Federation). That is, if employees entered into an agreement with an organization located in the Far North region or an equivalent area;

on a rotational basis (Article 302 of the Labor Code of the Russian Federation).

Therefore, an employee who periodically goes on business trips to the Far North is not entitled to additional leave.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

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

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

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

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

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

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

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

How does experience affect?

To qualify for leave, an employee must have work experience at a specific enterprise.

Annual basic leave of 28 days is granted after 12 months from the date of commencement of continuous employment in this organization. This period is a working year, and it is individual for each employee. If there were periods during the year that were not included in the length of service, the end of the working year is postponed by the appropriate number of days.

Starting from the second working year, an employee can take another vacation at any time he chooses or in accordance with the vacation schedule approved by the enterprise. If he uses it and is fired before the end of the current working year, compensation for those days will be deducted from his salary.

As soon as an employee has worked for the organization for six months, he is entitled to use the main leave. By agreement with the management or in accordance with the established rules of the organization, recorded in local regulations, rest can be provided before this period, “in advance”. Moreover, it is fully paid for .

The employer is obliged to provide leave before the expiration of six months upon application:

employees who have not reached the age of majority;
women during pregnancy before and after childbirth (and their husbands at their request);
those who have adopted young children (up to three months);
part-time workers, if they are granted leave at their main place;
spouses of military personnel (simultaneously with the spouse's main leave);
people exposed to radiation during the Chernobyl disaster;
war veterans;
honorary donors.

If an employee works under an employment agreement for a period of two months or less, he is also entitled to paid leave and compensation in the amount of two days for each month worked.

Seasonal workers also have the right to rest; it is calculated in the same way - 2 days per month.

Article 123. Sequence of granting annual paid leave

The order of provision of paid vacations 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 of June 30, 2006)

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

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

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

Certain categories of employees, in 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, he is granted annual leave while 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 of June 30, 2006)

Leave without pay, legal basis and procedure for granting

An employer can grant leave only upon the employee’s written request and on the basis of an order. In the application, the employee describes the circumstances that give him the right to take leave and the number of days he needs. The date from which the employee goes on vacation and the date of exit are indicated.

In addition to valid reasons expressly defined by law, the employer has the right to recognize other reasons as valid. Typically, an employee goes on leave at his own expense for family reasons. Working mothers of sick young children often apply for unpaid leave when they need care and there is no way to take sick leave. The employer usually accommodates pensioners and pregnant employees and also provides leave.

In the modern labor market, there has already been a practice when an employee is sent on leave without pay for a period of notice before a reduction in the organization's staff; it is prohibited to issue such leave retroactively. Also, an employee can refuse vacation before being laid off.

It is important to note that the employee’s length of service, on which annual paid leave depends, includes leave “at his own expense” lasting no more than two weeks during the year; a period exceeding the specified period is not included in the length of service. Cash payments for leave of this type are not made to the employee. Weekends do not affect the duration of unpaid leave.

The employer issues an order to grant leave in the prescribed manner, indicates the dates when the employee goes on vacation and returns, and notifies the employee about the issuance of the order. The order is stored in the organization.

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to 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 of June 30, 2006)

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;

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

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

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

If the employee was not paid in a timely manner for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another date 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 an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the 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 of June 30, 2006)

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Arranging for a vacation: we proceed in order

Vacation schedule.

At the same time, it must take into account the wishes of employees, the specifics of the enterprise and current regulations. Management must familiarize all team members with it against signature.

Attention: the vacation granted to an employee of an enterprise annually should not be less than 28 days (according to the calendar). It should be taken into account that it cannot include days that fall on holidays.

Notice of leave.

Documents as a basis for leave

The documents substantiating a person’s desire and right to annual paid leave are:

a statement drawn up by him in any form;
order or order to grant leave from the management of the enterprise.

The HR specialist is required to enter information about the vacation period into the employee’s personal card.

Article 125. Division of annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice 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 engaged in work 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 of June 30, 2006)

Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.

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

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work 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).

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

By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that until the entry into force of Convention N 132 of the International Labor Organization “On Paid Leave”, the provisions of this article continue to apply, stating that upon dismissal, the employee is paid monetary compensation for all unused vacations.

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

The employer, in order to properly fulfill the obligation established by 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 work of the employee 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).

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

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends 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 resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.