In accordance with clause 28 of the rules approved by the decree of the NKT of the USSR dated 04/30/1930 No. 169, upon dismissal of an employee who did not use his right to leave, he is paid compensation for unused vacation... At the same time, employees who are dismissed for whatever reason, who have worked for this employer for at least 11 months, which are subject to offset in the period of work that gives the right to leave, receive full compensation. If an employee has worked for 11 months and he was given, for example, 10 days of annual basic paid leave (that is, he used his right to leave), then what compensation is entitled to such an employee upon dismissal?

Answer

Answer to the question:

1. First, the employee's seniority is calculated using all the required rounding off, and only then the right to compensation is determined.

2. From due to the employee, based on his length of service, the number of vacation days must be deducted from the vacation already granted for the given working year (part). And the resulting difference upon dismissal is subject to compensation.

3. If an employee's vacation is 28 days, then with 11 months of work experience for the last working year, he is entitled to all 28 days of vacation, but since he has already used 10 days, then monetary compensation he has the right to receive only for 18 days (Article 127 of the Labor Code of the Russian Federation - compensation is paid only for unused vacation days)

Details in the materials of the System Personnel:

In order to properly compensate for unused vacations upon dismissal, determine their number. Then multiply by average earnings employee. In the recommendation, we will reveal the algorithm of actions at each stage.

Calculation procedure

What needs to be considered when calculating the number of unused vacation days when calculating compensation for unused vacation upon dismissal

If an employee has worked in the organization for less than 11 months during the working year, then for this year he is entitled to proportional compensation (). That is, the number of unused vacation days in this case is determined in proportion to the hours worked:

A question from practice: how to determine a half-month period for calculating compensation for unused vacation

Upon dismissal, an employee who did not use his right to leave is entitled to monetary compensation for all unused vacations (, Rules on regular and additional vacations, approved).

When calculating the terms of work, giving the right to proportional leave or compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to a full month. Such a rule is established by the Rules approved.

In this case, the period determined in half a month is considered as a period calculated in days, and is considered equal to 15 days in accordance with Civil Code RF.

Thus, if an employee has worked in an organization for 14 days, that is, less than half a month, then he is not entitled to compensation for unused vacation.

A question from practice: is it necessary to round up to full days the fractional number of days for which compensation must be paid for unused leave associated with dismissal

When calculating the number of unused vacation days for which you need to pay compensation, you may get a fractional number of days. For example, if an employee needs to be compensated for five months worked, that would be 11.67 days (28 days: 12 months × 5 months).

The legislation does not provide a mechanism for rounding the number of unused vacation days. Therefore, this question remains at the discretion of the organization.

If an organization decides to round, for example, to whole days, this should be done not according to the rules of arithmetic, but in favor of the employee ().

An organization may also choose not to round the number of unused vacation days to an integer. For more on this, see.

A question from practice: to how many digits after the decimal point it is possible to round off the fractional number of days for which it is necessary to pay compensation for unused leave to a dismissed employee

The legislation does not contain an unambiguous answer to this question; in practice, it is most often rounded up to two figures.

When calculating the number of unused vacation days for which you need to pay compensation, you may get a fractional number of days. For example, if an employee needs to pay compensation for 10 months worked, that would be 23.3333 days (28 days: 12 months × 10 months). At the same time, to how many digits after the decimal point to round off the fractional number of unused vacation days, the labor legislation does not say. However, most accounting software provide for the rounding of the fractional number of days to two decimal places according to the general rules of arithmetic.

). That is, the last digit in the fraction should be rounded up, even if the preceding digit is less than five.

Compensation for unused vacation

Compensation for unused leave associated with dismissal is the average earnings of an employee (Art., Labor Code of the Russian Federation).

Regardless of whether the employee's working time is recorded in days or he has a summarized recording of working hours, the total amount of compensation for unused leave associated with dismissal, calculate by the formula:

Best regards and wishes for a comfortable work, Elena Petrichenko,

Expert Systems Personnel

Rules for regular and additional vacations

Tags

REGULATIONS
ABOUT REGULAR AND ADDITIONAL HOLIDAYS

I. Right to leave

1. Every employee who has worked for this employer for at least 5 1/2 months has the right to receive another vacation.
The next leave is granted once during the year of the employee's work with the given employer, counting from the date of employment, that is, once per working year.
The right to the next regular vacation on account of the new working year arises for the employee after 5 1/2 months from the date of the end of the previous working year.
Employees who came to this employer in 1929 or earlier are granted leave in compliance with Art. 87.
If an employee is transferred at the suggestion of a labor body or a commission under it, or at the suggestion of a party, Komsomol or professional organization from one enterprise or institution to another, without interruption in work, then the time worked for the previous employer - provided that the employee voluntarily did not receive compensation for unused vacation during this time.
(part five was introduced by the Decree of the NKT of the USSR of 01/31/1931 N 32)
Example. The worker entered the plant on February 3, 1930. He receives on July 18, 1930 the right to another vacation on account of the year of his work, i.e. until February 3, 1931. He will receive the right to the next vacation on account of the second year of work until February 3, 1932 on July 18, 1931, etc.
2. There may be cases when an employee leaves before the end of the working year for which he has already received leave. In these cases, when calculating, the employer has the right from wages make a deduction for unworked vacation days.
Withholding is not allowed if an employee is dismissed due to: a) liquidation of an enterprise or institution or its separate parts, reduction of staff or work, as well as reorganization or temporary suspension of work; b) admission to active military service; c) sending in the established order to a university, technical school, a workers 'school, a preparatory department at a university or to training courses for a university or a workers' school; d) transfer to another job at the suggestion of a labor body or a commission under it, as well as a party, Komsomol or professional organization; e) revealed unsuitability for work.
The paragraph does not apply on the territory Russian Federation... - Order of the Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190.
This entire article applies regardless of whether the vacation is used after 5 1/2 months of work or before this period - in advance (Art. 12).
Example. The employee entered on January 15, 1931. He received full leave from July 15, and on August 15, 1931, he resigned due to on their own... The employer can deduct 5 days' wages from him, since the employee received 12 vacation days for 12 months of work and did not complete 5 months of them.
3. If the employee quit before the end of the working year for which he has already received vacation or full compensation, then the new employer has 5 1/2 months of work, which gives the right to vacation, is calculated as follows:
a) if, upon dismissal, a deduction was made for all unworked vacation days, then 5 1/2 months is considered from the date of receipt by the new employer;
b) if upon dismissal the employer, having the right to retention, did not actually make it at all or in part, then 5 1/2 months period begins when the employee works for the new employer for one month for each unworked day of leave for which the wages remained unretained (and with 18- or 24-day leave from the previous employer - one month for every one and a half or two days);
c) if, upon dismissal, the employer did not have the right to withholding, then the 5 1/2 months period begins after the expiration of the working year for which the vacation or full compensation was received from the previous employer; in this case, the period of a break in work after dismissal, as well as the time spent at work that does not give the right to leave (temporary, seasonal, etc.) are also included in the one-year period.
Example 1 (to item "b"). The employer, dismissing the employee on August 15, 1931, had the right to deduct his wages for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the employee was ill during the rest of August). On September 1, 1931, the worker joined a new employer. 5 1/2 months for new vacation will begin with him only from December 1, 1931 and will expire on May 15, 1932.
Example 2 (to item "c"). On October 1, 1931, the employer dismissed an employee who had served with him since March 1, 1931 and had already used his leave to cut staff. On October 15, 1931, the worker entered a new employer. 5 1/2 months for a new vacation will begin with him only from March 1, 1932 and will expire on August 15, 1932.
4. The 5 1/2 months term of work, which gives the right to the next vacation, includes:
a) actually worked time;
b) the time when the employee did not actually work, but the employer was obliged by law or a collective agreement to retain his position and earnings in full or in part (including the time when the employer paid for forced absence from improper dismissal and subsequent reinstatement at work);
c) the time when the employee, while retaining his position, did not actually work, but received benefits from the insurance fund (illness, injury, pregnancy, childbirth, quarantine, caring for a sick family member).
The rest of the time during which the worker did not actually work is not credited to the worker.
Example. The worker entered the workshop on March 5th. From April 1 to April 15, he was ill and received benefits from the insurance fund during these days; on days 1 - 5 May, he was called up for a short-term gathering in the territorial unit; From June 1 to June 10, he did not go to work for reasons recognized by the employer as valid, but without payment for the missed time. The right to leave for such an employee arises after 5 1/2 months and another 10 days, i.e. August 30.
5. Not applicable. - Resolution of the USSR State Labor Committee, the All-Union Central Council of Trade Unions Presidium of December 29, 1962 N 377/30.
6. Receipt of leave or compensation for it must be noted by the employer in the paybook and labor list - in accordance with the established forms of these documents. The same mark must be entered in the certificate issued to the employee upon dismissal.
In all these cases, the period for which the vacation or compensation was granted must be indicated (for example, "the vacation was used up to June 1, 1931"). If, upon dismissal of an employee, the employer has the right to withhold wages for unworked vacation days (Article 2), then a note is added to the employee's documents: "the deduction for unworked vacation days has been fully paid" or "wages remained unreserved for so many vacation days" ...
If the documents submitted by the employee do not contain instructions on the use of leave from the previous work, the employer may require a corresponding certificate from the employee or request it himself from the previous place of work.

II. Vacation duration

7. Regular leave for adult employees is provided in all cases for 12 working days, with the addition of days off falling on vacation time.
In the same amount, full additional leave is granted to workers employed in especially harmful and dangerous conditions, according to the lists of professions established by the CNT or a collective agreement, if these lists do not provide for leave of a different duration.
8. Employees with irregular working hours may be provided, as compensation for workload and work outside of working hours, additional leave.
The duration of this leave in government agencies and enterprises and mixed joint stock companies with a predominant state capital participation cannot exceed 12 working days.
9. Minor employees who have not reached the age of 18 by the day the right to vacation arises, as well as all students of factory and mining apprenticeships and schools of mass professions - the next vacation is granted in the amount of one calendar month (for example, from June 5 to July 5), but not less than 24 working days.
If these minors or students are admitted in accordance with the established procedure to work in especially harmful and dangerous professions listed in the lists of the NKT, then the next vacation is granted to them in a total of one and a half calendar months, but not less than 36 working days.

III. Time and procedure for using vacation

10. Holidays are provided to employees at any time throughout the year in the order of the queue established by the RKK, and in the absence of the RKK - by agreement of the employer with the relevant body of the trade union.
The sequence for granting vacations for each year is established no later than January 1 of this year (for 1931 - no later than January 25, 1931).
Leave can be provided both sequentially to one employee after another, and simultaneously to all or some groups of employees (for example, when the inevitable suspension of the enterprise for repairs).
In the event of an unexpected suspension of work in an enterprise or institution or in its individual parts (due to an accident, natural disaster, etc.), according to the decision of the RKK, leave may be provided to all groups or some groups of employees at the same time, with a deviation from the previously established queue.
11. Holidays should not be limited exclusively to the 1st and 15th days of each month, but should be distributed, if possible, evenly throughout the month.
12. When establishing a queue, it may be envisaged to provide a vacation to one or another employee before the onset of his right to vacation (in advance).
Part two is excluded. - Resolution of the NKT of the USSR of 12/14/1930 N 365.
Example excluded. - Resolution of the NKT of the USSR of 12/14/1930 N 365.
13. Vacations for minors are provided (in the order of the queue established by the RKK) according to general rule summer. This does not deprive minors of the right to take leave at other times of the year.
14. There may be cases when an employee has the right to regular and additional leave at different times. In such cases, both leaves are provided to him at the same time in full within the period determined by the RKK when establishing the general queue of leaves. In this case, the term of work for a new vacation on account of the next working year is calculated separately for the next and additional vacation.
Example. An employee who entered the plant on March 10, 1930, is transferred to a harmful shop from May 10. He is entitled to another vacation on August 25, and to an additional one - only on October 25. On a first-come, first-served basis, he is granted both leave from 1 October. Next year, he has the right to new vacations again; for the first vacation - August 25, and for the second - October 25.
15. Leave for the combined position is granted simultaneously with the leave for the main position.
16. The employer is obliged to promptly submit to the RKK (and in the absence of the RKK - to the trade union) a draft distribution of the vacation queue.
The employer is also obliged to notify each employee about the time of the beginning and end of his vacation. Notification is made no later than fifteen days in advance by posting appropriate notices in workshops, workshops, departments and other places of work.
Employees who receive leave on an individual basis (for example, when postponing the leave period) must be warned by written notice.
If, by decision of the RKK, leave is granted to a group of employees out of turn due to an accident, natural disaster, etc., then the employees must be notified of the time of their leave no later than two days in advance.
17. Regular or additional vacation must be rescheduled for another period or extended in the following cases:
a) in case of temporary incapacity for work of an employee, certified by a sick leave (sick leave);
b) in the case of involving an employee in the performance of state or public duties;
c) in the event of the arrest of an employee;
d) in other cases provided for by special regulations.
The employer has the right to demand from the employee the submission of documents proving the impossibility of using the vacation at the appointed time.
In addition, at the special request of the employee, the vacation must be postponed even if the employer did not promptly notify the employee about the time of his vacation or did not pay the salary for the vacation in advance before the start of the vacation.
18. If the reasons preventing the employee from going on vacation occurred before its start, then the new vacation period is determined by agreement between the employer and the employee.
If these reasons occurred during the employee's vacation, the period for returning from vacation is automatically extended by the appropriate number of days, and the employee must immediately notify the employer of this.
These days are paid by the employer if, according to the law or contract, he was obliged to pay the employee's wages during the execution of state or public duties or during the arrest.
When the leave is extended due to temporary incapacity for work, the employer does not pay the additional days.
Example 1. An employee went on vacation on September 15, for a period of one month. From October 1 to October 10, he was ill and received a sick leave and an allowance from the insurance fund. The leave must be extended to him until October 25, without payment by the employer, since thanks to the grant of the allowance, the additional days have already been paid for when the vacation is granted. But if the employee has not received a sick leave, the vacation cannot be extended.
Example 2. An employee, while on vacation, was summoned to court by an expert for 3 days. The vacation must be extended by 3 days with payment for these days according to the average earnings.
19. The transfer of the entire vacation in other cases, except for those specified in Art. 17, is allowed by agreement between the employer and the employee or by the decision of the RKK, and division into parts of the next vacation (including the summarized one) - by agreement of the employer and employee.
In the absence of the specified conditions, the transfer and division of vacation is not allowed.

IV. Retention of position and earnings while on vacation

20. Dismissal of an employee who is on regular or additional leave is not allowed, except for the following cases:
a) complete liquidation of an enterprise or institution;
b) suspension of work in the enterprise or institution as a whole for a period of more than one month for production reasons;
c) entry into force of a guilty verdict in a case directly related to work in this enterprise or institution;
d) in the case when the dismissal is carried out in the order of cleaning the apparatus in the first or second category.
21. During the stay of an employee on regular or additional leave, his average earnings are retained.
Payment of earnings is made on the eve of the start of the vacation.
22. If during the employee's vacation his salary has changed, then the recalculation with the employee in connection with this change is not made, except for the case of an increase in the fixed rate or the salary of an employee who is paid by time. The company or institution is obliged to pay this employee the difference between the old and new rate or salary for the period from the day of the increase in payment.
Recalculation is carried out in all cases of detection of irregularities in the calculation of wages.
Note: Clause 22 has actually become invalid in terms of the procedure for calculating average earnings for vacation pay and compensation for unused vacation in connection with the publication of the AUCCTU Resolution of 02.02.1936 (Protocol No. 164).

V. Summation of vacations and compensation for vacations

23. Failure to grant the next vacation in the current year is allowed only if the granting of vacation this employee may adversely affect the normal course of business or institution.
For non-provision of leave, an agreement between the employer and the employee is required and the approval of this agreement by the pricing and conflict commission. In case of failure to reach an agreement between the employer and the employee, the issue is resolved by the RKK in a conflict manner.
24. Failure to grant regular vacations for two consecutive years is prohibited.
25. Failure to grant regular vacations to minors is prohibited, as well as additional vacations in especially harmful and dangerous professions - with the exception of cases of dismissal of an employee.
26. In addition to cases of direct non-provision of leave (Article 23), leave is considered not used (in whole or in part) through the fault of the employer also in the following cases:
a) if the leave remained unused due to the failure of the employer to take measures to establish a queue of vacations;
b) if the vacation, which was subject to mandatory postponement, was not postponed for a new period.
27. In case of non-use of the vacation (in whole or in part) through the fault of the employer, the employee must be paid monetary compensation for the unused vacation or the next year the vacation must be extended for an unused period.
To summarize the vacation, an agreement between the employer and the employee concerned is sufficient. The summation of the vacation in case of disagreement of the employer or employee, as well as any payment of monetary compensation for the vacation (except in cases of dismissal) is allowed only by decision of the RKK.
The employee's refusal to use the vacation within the period established for him without agreement with the employer, and if an agreement is not reached - without the permission of the RKK - does not give the employee the right to compensation or summation of the vacation.
28. Upon dismissal of an employee who has not used his right to vacation, he is paid compensation for the unused vacation.
At the same time, employees who are dismissed for whatever reason, who have worked for this employer for at least 11 months, which are subject to offset in the period of work that gives the right to leave, receive full compensation.
Employees who have worked from 5 1/2 to 11 months also receive full compensation if they quit due to:
a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;
b) admission to active military service;
c) sending in the established order to universities, technical schools, workers 'schools, preparatory departments at universities and courses for training in universities and workers' schools;
c) transfer to other work at the suggestion of labor bodies or commissions with them, as well as party, Komsomol and professional organizations;
e) revealed unsuitability for work.
In all other cases, workers are compensated proportionally. Thus, employees who have worked from 5 1/2 to 11 months receive proportional compensation if they leave for any other reason other than the above (including of their own free will), as well as all employees who have worked less than 5 1/2 months, regardless of the reasons for dismissal.
29. Full compensation is paid in the amount of the average earnings for the duration of the full vacation.
Proportional compensation is paid in the following amounts:
a) for a vacation of 12 working days - in the amount of the daily average earnings for each month of work, subject to offset in the period giving the right to vacation;
b) with a vacation of 24 working days and with a monthly vacation - in the amount of two days' average earnings for each month;
c) with a one and a half month vacation - in the amount of three days, and with a two-month vacation - in the amount of four days' average earnings for each month.
When calculating the period of work that gives the right to compensation, Section I of these Rules applies accordingly.
Example 1. An employee entered work on June 1, 1930 and leaves the job on March 1, 1931. He has the right to receive compensation for 9 months of work, i.e. for a vacation of 12 working days - in 9 days, for a vacation of 24 working days and a monthly vacation - in 18 days, for a one and a half month vacation - in 27 days, and for a two-month vacation - in 36 days based on the daily average earnings.
Example 2. An employee went to work on March 1, and from June 1 he was transferred to a workshop with harmful working conditions. Upon dismissal on August 1, he will receive compensation: for the next vacation - for 5 months of work, and for additional leave - for 2 months, and only seven days' earnings.
30. Compensation for extended leave on the basis of a collective or written employment contract or on the basis of a note in the paybook is paid in accordance with the period of leave specified in the agreement or paybook.
In other cases of optional extension of the leave by law, the employer is obliged to pay compensation in accordance with the generally established period of leave.
When summing up vacations, extended vacations are included in the calculation in all cases in full.
31. In case of part-time work, compensation for the leave not used for the combined position is paid on a general basis.
32. Leave compensation is paid at the end of the year of employment, except in cases of employee dismissal.
33. In the event of the death of an employee, vacation compensation is paid on a general basis.

Vi. Final provisions

34. When paying wages or compensation for vacation, the average earnings are calculated in the manner prescribed by the Decree of the Council of People's Commissars of the USSR on July 25, 1935.
35. When calculating the terms of work, giving the right to proportional additional leave or compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to a full month.
35-a. In institutions and in the management of enterprises of the socialized sector (in the boards of trusts, associations, etc., but not in factory administrations), these Rules are applied with the following additions:
a) During each month, 8 - 9 percent of the total number of employees must go on vacation. In 1931, it was allowed to increase this rate to 12-15 percent from May 15 to October 1 (due to the incomplete preparedness of resorts and rest homes for work throughout 1931). Deviations from these norms are allowed only in the bodies associated with the maintenance of seasonal work.
The simultaneous granting of vacations to all employees of the institution or its individual parts is allowed only in cases where it is caused by production conditions (for example, when the inevitable suspension of work for the duration of the repair).
Example. The institution has 200 employees. Consequently, during each month, 16 - 18 employees must go on vacation. Since vacations should be provided evenly throughout the month, it is possible, for example, to provide vacations on the 3rd, 13th and 23rd or on the 7th, 17th and 27th, etc. - so that in each of these terms 5 - 6 employees go on vacation, and in just a month 16 - 18 employees.
b) Extension of vacation due to unused days off is prohibited.
c) It is forbidden to grant leave without pay, except for those cases when they are provided for by special laws (for example, laws on the distribution of young specialists to work after graduation from universities and technical schools).
d) When going on vacation, the transfer of unfinished work to other employees is not allowed.
36. In cases where special regulations are established for certain categories of workers (in particular, for workers in areas with particularly harmful climatic conditions) special rules the provision of vacations, these Rules do not apply to the extent that they contradict these special provisions. In the rest of its part, these Rules are applied on a general basis.
Special Rules on additional leaves for particularly harmful climatic conditions are attached (not shown).
Note: Clause 36 actually became invalid due to the publication of the Resolution of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 24.12.1960 N 1353/28, which approved new List industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, as well as Resolutions of the USSR State Labor Committee, the All-Union Central Council of Trade Unions Presidium of December 29, 1962 N 377/30, which approved the Instruction on the procedure for applying the said List.
37. For employees who came to this employer before July 16, 1929, 5 1/2 months of work, which gives the right to leave with this employer in 1930, is considered from January 1, 1930.
Employees who were hired between July 16, 1929 and January 1, 1930, shall also be considered from January 1, 1930 if they acquired the right to proportional leave or proportional compensation in 1929 on the basis of a collective agreement. Otherwise, the term is counted from the date of employment.
For workers for whom the period of work that gives the right to leave for 1930 is counted from January 1, 1930, the working year in further work for this employer, it is counted from January 1 to January 1 (i.e. coincides with the calendar year).
Example. An employee, working at the factory for 2 years, was on another vacation in 1928, and the vacation in 1929 was transferred to him in 1930. January 1, 1930
Upon voluntary dismissal on October 1, 1930, prior to using the vacation, the employee will receive full compensation for the 1929 vacation and, in addition, proportional compensation for 9 months of work in 1930, counting from January 1.
38. When granting vacations in enterprises and institutions in 1930 and compensation for them, these Rules shall not apply to employees employed in them, who, by the date of entry into force of these Rules, have already used their leave for 1930 or are on leave for 1930. ...
39. To employees who were dismissed by the employer in 1930 before the entry into force of these Rules and entered in 1930 to a new employer - these Rules apply as follows:
a) if the employee was dismissed with proportional compensation for part of 1930, then the Rules apply to him on a general basis;
b) if the employee was dismissed after receiving full leave or full compensation for 1930, and in 1929 he also received the right to full leave or full compensation somewhere, then the period of work for a new vacation is considered from January 1, 1931;
c) if the employee was dismissed after receiving full leave or full compensation for 1930, and in 1929 did not receive the right to full leave or full compensation anywhere, then the period of work for a new vacation is considered from the day of the end of the year after starting to work by the previous employer.
Example. The worker was first employed on October 1, 1929. Since he worked in 1929 for only 3 months, he did not receive any leave or compensation in 1929. On April 1, 1930, he resigned with full compensation for 1930, and on June 1, 1930, he joined a new employer. The term of work for a new vacation will be considered only from October 1, 1930, when a year has passed from the date of employment with the previous employer.

ON APPROVAL OF THE RULES

(as amended by Resolutions of the Government of the Russian Federation of 30.09.2014 N 993)

In accordance with Article 119 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. To approve the attached Rules for granting annual additional paid leave to employees with irregular working hours in federal state institutions.

2. The Ministry of Labor and social protection Of the Russian Federation to provide explanations on the application of the Rules approved by this Resolution.

Prime Minister
Russian Federation
M. KASYANOV

Approved
Government Decree
Russian Federation
of December 11, 2002 N 884

REGULATIONS
PROVIDING ANNUAL ADDITIONAL
PAID HOLIDAYS FOR EMPLOYEES WITH ITS
WORKING DAY IN FEDERAL GOVERNMENT INSTITUTIONS

1. Annual additional paid leave for employees with irregular working hours (hereinafter referred to as additional leave) is granted for work in conditions of irregular working hours to individual employees of federal state institutions, if these employees, if necessary, are occasionally involved by order of the employer to perform their labor functions outside of normal working hours.

2. The list of positions of employees with irregular working hours who are entitled to additional leave is established by the internal labor regulations or other regulatory enactment of the institution.

The list of positions of employees with irregular working hours includes managerial, technical and economic personnel and other persons whose work during the working day cannot be accurately recorded, persons who distribute work time at their own discretion, as well as persons whose working hours, by the nature of the work, are divided into parts of an indefinite duration.

3. The duration of additional leave granted to employees with irregular working hours cannot be less than 3 calendar days.

The duration of additional leave for the relevant positions is established by the internal labor regulations of the institution and depends on the volume of work, the degree of labor intensity, the employee's ability to perform his labor functions outside the normal working hours and other conditions.

The employer keeps track of the time actually worked by each employee in the conditions of irregular working hours.

4. The right to additional leave arises for an employee regardless of the length of work in conditions of irregular working hours.

The paragraph is no longer valid. - Decree of the Government of the Russian Federation of September 30, 2014 N 993.

5. Additional leave provided to employees with irregular working hours is summed up with the annual basic paid leave (including extended leave), as well as other annual additional paid leaves.

6. In case of postponement or non-use of additional vacation, as well as dismissal, the right to said vacation is exercised in the manner prescribed labor legislation Russian Federation for annual paid vacations.

7. Payment for additional vacations provided to employees with irregular working hours is made within the wage fund.

REGULATIONS
about regular and additional vacations

Document with changes made:
;
;
;
;
Decree of the Council of People's Commissars of the USSR of October 22, 1942 N 1725;
Resolution of the Council of Ministers of the USSR of December 6, 1956 N 1586;
Resolution of the USSR Council of Ministers of March 21, 1961 N 254;
joint resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Presidium of December 29, 1962 N 377/30;
by order of the Ministry of Health and Social Development of Russia dated April 20, 2010 N 253.

____________________________________________________________________

____________________________________________________________________
These Rules are valid to the extent that they do not contradict the Labor Code of the Russian Federation.
- Note from the manufacturer of the database.
____________________________________________________________________
____________________________________________________________________
.
.
____________________________________________________________________

(Issued on the basis of the decree of the Council of People's Commissars of the USSR of February 2, 1930 - Protocol No. 5/331, paragraph 28).
________________
The resolution has not been published.

I. Right to leave

1. Each employee who has worked for this employer for at least 5 months has the right to receive another vacation.

The next vacation is granted once during the year of the employee's work with the given employer, counting from the date of employment, i.e. once a working year.

The right to the next regular vacation on account of the new working year arises for the employee after 5 months from the date of the end of the previous working year.

Employees who came to this employer in 1929 or earlier are granted leave in compliance with Article 37.

If an employee is transferred at the suggestion of a labor body or a commission under it, or at the suggestion of a party, Komsomol or professional organization from one enterprise or institution to another, without interruption in work, then the time worked for the previous employer - provided that the employee, at his own request, did not receive compensation for unused vacation during this time (the part was additionally included by the resolution of the People's Commissariat of Labor of the USSR of January 31, 1931 N 32).

Example. The worker entered the plant on February 3, 1930. On July 18, 1930, he receives the right to another vacation on account of the year of his work, i.e. until February 3, 1931. The right to the next vacation in the account of the second year of work until February 3, 1932, he will receive on July 18, 1931, etc.

2. There may be cases when an employee leaves before the end of the working year for which he has already received leave. In these cases, when calculating, the employer has the right to make a deduction from the salary for unworked vacation days.

Withholding is not allowed if the employee leaves due to:

a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;

b) admission to active military service;

c) sending in the established order to a university, technical school, a workers 'school, a preparatory department at a university or to training courses for a university or a workers' school;

d) transfer to another job at the suggestion of a labor body or a commission under it, as well as a party, Komsomol or professional organization;

e) revealed unsuitability for work.

The paragraph does not apply on the territory of the Russian Federation - order of the Ministry of Health and Social Development of Russia of April 20, 2010 N 253.
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Paragraph 3 of clause 2 of these Rules is recognized as invalid on the territory of the Russian Federation on the basis of the order of the Ministry of Health and Social Development of Russia dated March 3, 2005 N 190.
Order of the Ministry of Health and Social Development of Russia of March 3, 2005 N 190 was returned without consideration of the Ministry of Justice of the Russian Federation (letter of the Ministry of Justice of Russia of March 31, 2005 N 01/2337-VYa) and canceled on the basis of order of the Ministry of Health and Social Development of Russia of April 20, 2010 N 252.
____________________________________________________________________

This entire article applies regardless of whether the vacation is used after 5 1/2 months of work or before this period - in advance (Article 12).

3. If the employee quit before the end of the working year for which he has already received vacation or full compensation, then the new employer has 5 1/2 months of work, which gives the right to vacation, is calculated as follows:

a) if, upon dismissal, a deduction was made for all unworked vacation days, then 5 1/2 months is considered from the date of receipt by the new employer;

b) if upon dismissal the employer, having the right to retention, did not actually make it at all or in part, then 5 1/2 months period begins when the employee works for the new employer for one month for each unworked day of leave for which the wages remained unretained (and with 18- or 24-day leave from the previous employer - one month for every one and a half or two days);

c) if, upon dismissal, the employer did not have the right to withholding, then the 5 1/2 months period begins after the expiration of the working year for which the vacation or full compensation was received from the previous employer; in this case, the period of a break in work after dismissal, as well as the time spent at work that does not give the right to leave (temporary, seasonal, etc.) are also included in the one-year period.

Example 1 (to item "b"). The employer, dismissing the employee on August 15, 1931, had the right to deduct his wages for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the employee was ill during the rest of August). On September 1, 1931, the worker joined a new employer. 5 1/2 months for a new vacation will begin with him only from December 1, 1931 and will expire on May 15, 1932.

Example 2 (to item "c"). On October 1, 1931, the employer dismissed an employee who had served with him since March 1, 1931 and had already used his leave to cut staff. On October 15, 1931, the worker entered a new employer. 5 1/2 months for a new vacation will begin with him only from March 1, 1932 and will expire on August 15, 1932.
(Article as amended by the resolution of the People's Commissariat of Labor of the USSR of December 14, 1930 N 365.

4. In the 5-month period of work, which gives the right to the next vacation, the following are counted:

a) actually worked time;

b) the time when the employee did not actually work, but the employer was obliged by law or a collective agreement to retain his position and earnings in full or in part (including the time when the employer paid for forced absence from improper dismissal and subsequent reinstatement at work);

c) the time when the employee, while retaining his position, did not actually work, but received benefits from the insurance fund (illness, injury, pregnancy, childbirth, quarantine, caring for a sick family member).

The rest of the time during which the employee did not actually work is not credited to the employee.

Example. The worker entered the workshop on March 5th. From April 1 to April 15, he was ill and received benefits from the insurance fund during these days; on the days of May 1-5, he was called up for a short-term gathering in the territorial unit; From June 1 to June 10, he did not go to work for reasons recognized by the employer as valid, but without payment for the missed time. The right to leave for such an employee arises after 5 months and another 10 days, i.e. August 30.

5. Not applicable - joint resolution of the USSR State Labor Committee and the All-Union Central Council of Trade Unions Presidium of December 29, 1962 N 377/30 ..

6. Receipt of leave or compensation for it must be noted by the employer in the paybook and labor list - in accordance with the established forms of these documents. The same mark must be entered in the certificate issued to the employee upon dismissal.

In all these cases, the period for which the leave or compensation was granted must be indicated (for example, "I took the leave before June 1, 1931"). If, upon dismissal of an employee, the employer has the right to withhold wages for unworked vacation days (Article 2), then a note is added to the employee's documents: "the deduction for unworked vacation days has been fully paid" or "wages for so many vacation days remained unreserved" (part is supplemented by the resolution of the People's Commissariat of Labor of the USSR of December 14, 1930 N 365.

If the documents submitted by the employee do not contain instructions on the use of leave from the previous work, the employer may require a corresponding certificate from the employee or request it himself from the previous place of work.

II. Vacation duration

7. Regular leave for adult employees is provided in all cases for 12 working days, with the addition of days off falling on vacation time.

In the same amount, full additional leave is granted to workers employed in especially harmful and dangerous conditions, according to the lists of professions established by the CNT or a collective agreement, unless these lists provide for a different length of leave.

8. Employees with irregular working hours may be provided, as compensation for workload and work outside of working hours, additional leave.

The period of this leave in state institutions and enterprises and mixed joint-stock companies with a predominant participation of state capital cannot exceed 12 working days.

9. Minor employees who have not reached the age of 18 by the day of the emergence of the right to leave, as well as all students of factory and mining apprenticeships and schools of mass professions - the next vacation is granted in the amount of one calendar month (for example, from June 5 to July 5 ), but not less than 24 working days.

If these minors or students are admitted in accordance with the established procedure to work in especially harmful and dangerous professions listed in the lists of the NKT, then the next leave is granted to them in a total of one and a half calendar months, but not less than 36 working days.

III. Time and procedure for using vacation

10. Holidays are provided to employees at any time throughout the year in the order of the queue established by the RKK, and in the absence of the RKK - by agreement of the employer with the relevant body of the trade union.

The sequence for granting leaves for each year is established no later than January 1 of this year (for 1931 - no later than January 25, 1931)

Leave can be provided both sequentially to one employee after another, and simultaneously to all or some groups of employees (for example, when the inevitable suspension of the enterprise for repairs).

In the event of an unexpected suspension of work in an enterprise or institution or in its individual parts (due to an accident, natural disaster, etc.), by decision of the RKK, leave may be provided to all groups or some groups of workers simultaneously, with a deviation from the previously established queue.

11. Holidays should not be limited exclusively to the 1st and 15th days of each month, but should be distributed, if possible, evenly throughout the month.

12. When establishing a queue, it may be envisaged to provide a vacation to one or another employee before the onset of his right to vacation (in advance).

The part was excluded by the decree of the People's Commissariat of Labor of the USSR of December 14, 1930 N 365.

The example was excluded by the decree of the People's Commissariat of Labor of the USSR of December 14, 1930 N 365.

13. Holidays for minors are provided (in the order of the queue established by the RKK) as a general rule in the summer. This does not deprive minors of the right to take leave at other times of the year.

14. There may be cases when an employee has the right to regular and additional leave at different times. In such cases, both leaves are provided to him at the same time in full within the period determined by the RKK when establishing the general queue of leaves. In this case, the term of work for a new vacation on account of the next working year is calculated separately for the next and additional vacation.

Example. An employee who entered the plant on March 10, 1930, is transferred to a hazardous shop from May 10. He is entitled to another vacation on August 25, and to an additional one - only on October 25. On a first-come, first-served basis, he is granted both leave from 1 October. Next year, he has the right to new vacations again; for the first vacation - August 25, and for the second - October 25.

15. Leave for the combined position is granted simultaneously with the leave for the main position.

16. The employer is obliged to promptly submit to the RKK (and in the absence of the RKK - to the trade union) a draft distribution of the vacation queue.

The employer is also obliged to notify each employee about the time of the beginning and end of his vacation. Notification is made no later than fifteen days in advance by posting appropriate notices in workshops, workshops, departments and other places of work.

Employees who receive leave on an individual basis (for example, when postponing the leave period) must be warned by written notice.

If, by decision of the RKK, leave is granted to a group of employees out of turn due to an accident, natural disaster, etc., then the employees must be notified of the time of their leave no later than two days in advance.

17. Regular or additional vacation must be rescheduled for another period or extended in the following cases:

a) in case of temporary disability of an employee, certified by a sick leave (certificate of incapacity for work) (subparagraph as amended by the Resolution of the Council of Ministers of the USSR of December 6, 1956 N 1586;

b) in the case of involving an employee in the performance of state or public duties;

c) in the event of the arrest of an employee;

d) in other cases provided for by special regulations.

The employer has the right to demand from the employee the submission of documents proving the impossibility of using the vacation at the appointed time.

In addition, at the special request of the employee, the vacation must be rescheduled even if the employer did not promptly notify the employee about the time of his vacation or did not pay the salary for the vacation in advance before the start of the vacation.

18. If the reasons preventing the employee from going on vacation occurred before its start, then the new vacation period is determined by agreement between the employer and the employee.

If these reasons occurred during the employee's vacation, the period for returning from vacation is automatically extended by the appropriate number of days, and the employee must immediately notify the employer of this.

These days are paid by the employer if, according to the law or contract, he was obliged to pay wages to the employee during the execution of state or public duties or during the time of arrest.

When the leave is extended due to temporary incapacity for work, the employer does not pay the additional days.

Example 1. An employee went on vacation on September 15, for a period of one month. From October 1 to October 10, he was ill and received a sick leave and an allowance from the insurance fund. The leave must be extended to him until October 25, without payment by the employer, since thanks to the grant of the allowance, the additional days have already been paid for when the vacation is granted. But if the employee has not received a sick leave, the vacation cannot be extended.

Example 2. An employee, while on vacation, was summoned to court by an expert for 3 days. The vacation must be extended by 3 days with payment for these days according to the average earnings.

19. The transfer of the entire vacation in other cases, except for those specified in Article 17, is allowed by agreement between the employer and the employee or by the decision of the RKK, and division into parts of the next vacation (including the summarized one) - by agreement between the employer and the employee.

In the absence of the specified conditions, the transfer and division of vacation is not allowed.

IV. Retention of position and earnings while on vacation

20. Dismissal of an employee who is on regular or additional leave is not allowed, except for the following cases:

a) complete liquidation of an enterprise or institution;

b) suspension of work in the enterprise or institution as a whole for a period of more than one month for production reasons;

c) entry into force of a guilty verdict in a case directly related to work in this enterprise or institution;

d) in the case when the dismissal is carried out in the order of cleaning the apparatus in the first or second category.

21. During the stay of an employee on regular or additional leave, his average earnings are retained.

Payment of earnings is made on the eve of the start of the vacation.

22. If during the employee's vacation his salary has changed, then the recalculation with the employee in connection with this change is not made, except in the case of an increase in the fixed rate or the salary of an employee who is paid by time. The enterprise or institution is obliged to pay this employee the difference between the old and the new rate or salary for the time from the day of the increase in pay.

Recalculation is carried out in all cases of detection of irregularities in the calculation of wages.

V. Summation of vacations and compensation for vacations

23. Failure to grant the next vacation in the current year is allowed only if the granting of vacation to this employee may adversely affect the normal course of work of the enterprise or institution.

For non-provision of leave, an agreement between the employer and the employee is required and the approval of this agreement by the pricing and conflict commission. In case of failure to reach an agreement between the employer and the employee, the issue is resolved by the RKK in a conflict manner.

24. Failure to grant regular vacations for two consecutive years is prohibited.

25. Failure to grant regular vacations to minors, as well as additional vacations in especially harmful and dangerous professions, with the exception of cases of dismissal of an employee, is prohibited.

26. In addition to cases of direct failure to provide leave (Article 23), the vacation is considered unused (in whole or in part) through the fault of the employer also in the following cases:

a) if the leave remained unused due to the failure of the employer to take measures to establish a queue of vacations;

b) if the vacation, which was subject to mandatory postponement, was not postponed for a new period.

27. In case of non-use of the vacation (in whole or in part) through the fault of the employer, the employee must be paid monetary compensation for the unused vacation or the next year the vacation must be extended for an unused period.

To summarize the vacation, an agreement between the employer and the employee concerned is sufficient. The summation of the vacation in case of disagreement of the employer or employee, as well as any payment of monetary compensation for the vacation (except in cases of dismissal) is allowed only by decision of the RKK.

The employee's refusal to use the vacation within the period set for him without agreement with the employer, and if an agreement is not reached, without the decision of the RKK does not give the employee the right to compensation or summation of the vacation.

28. Upon dismissal of an employee who has not used his right to vacation, he is paid compensation for the unused vacation.

At the same time, employees who are dismissed for whatever reason, who have worked for this employer for at least 11 months, which are subject to offset in the period of work that gives the right to leave, receive full compensation.

Full compensation is also received by workers who have worked from 5 to 11 months if they leave as a result (paragraph as amended by the resolution of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267:

a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work (the item was additionally included by the resolution of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267);

b) admission to active military service (the item was additionally included by the decree of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267);

c) sending in the established order to universities, technical schools, workers 'schools, preparatory departments at universities and courses for training in universities and workers' faculties (the item was additionally included by the resolution of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267);

d) transfer to another job at the suggestion of labor bodies or commissions affiliated with them, as well as party, Komsomol and professional organizations (the item was additionally included by the resolution of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267);

e) revealed unsuitability for work (the item was additionally included by the decree of the People's Commissariat of Labor of the USSR of August 13, 1930 N 267).

In all other cases, workers are compensated proportionally. Thus, employees who have worked for 5 to 11 months receive proportional compensation if they leave for any other reason other than the above (including of their own free will), as well as all employees who have worked for less than 5 months, regardless of the reasons layoffs. * 28.4)

29. Full compensation is paid in the amount of the average earnings for the duration of the full vacation.

Proportional compensation is paid in the following amounts: * 29.2)

a) with a vacation of 12 working days - in the amount of the daily average earnings for each month of work, subject to offset in the period giving the right to vacation;

b) with a vacation of 24 working days and with a monthly vacation - in the amount of two days' average earnings for each month;

c) with a one and a half month vacation - in the amount of three days, and with a two-month vacation - in the amount of four days' average earnings for each month.

When calculating the period of work that gives the right to compensation, Section I of these Rules applies accordingly.

Example 1. An employee entered the job on June 1, 1930 and leaves the job on March 1, 1931. He has the right to receive compensation for 9 months of work, i.e. for a vacation of 12 working days - in 9 days, for a vacation of 24 working days and a monthly vacation - in 18 days, for a one and a half month vacation - in 27 days, and for a two-month vacation - in 36 days based on the daily average earnings.

Example 2. An employee went to work on March 1, and from June 1 he was transferred to a workshop with harmful working conditions. Upon dismissal on August 1, he will receive compensation: for the next vacation - for 5 months of work, and for additional leave - for 2 months, and only seven days' earnings.

30. Compensation for extended leave on the basis of a collective or written employment contract or on the basis of a note in the paybook is paid in accordance with the period of leave specified in the agreement or paybook.

In other cases of optional extension of the leave by law, the employer is obliged to pay compensation in accordance with the generally established period of leave.

When summing up vacations, extended vacations are included in the calculation in all cases in full.

31. In case of part-time work, compensation for the leave not used for the combined position is paid on a general basis.
____________________________________________________________________
Clause 31 has lost its force in relation to employees whose official salary at the main place of work exceeds 60 rubles per month - the decree of the USSR Council of Ministers of March 21, 1961 N 254.
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32. Leave compensation is paid at the end of the year of employment, except in cases of employee dismissal.

33. In the event of the death of an employee, vacation compensation is paid on a general basis.

Vi. Final provisions

34. When paying wages or compensation for leave, the average earnings are calculated in the manner prescribed by the decree of the NKT of the USSR of April 2, 1930 N 142 on average earnings and pay for incomplete month("News of the NKT USSR", 1930, No. 13).

In this case, the calculation is made according to the average earnings at the time of the actual payment of wages or compensation.

35. When calculating the terms of work that give the right to proportional additional leave or compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to a full month.

35-a. In institutions and in the management of enterprises of the socialized sector (in the boards of trusts, associations, etc., but not in factory administrations), these Rules are applied with the following additions:

a) During each month, 8-9 percent of the total number of employees must go on vacation. In 1931, it was allowed to increase this rate to 12-15 percent from May 15 to October 1 (due to the incomplete preparedness of resorts and rest homes for work throughout 1931). Deviations from these norms are allowed only in the bodies associated with the maintenance of seasonal work.

The simultaneous granting of vacations to all employees of the institution or its individual parts is allowed only in cases where it is caused by production conditions (for example, when the inevitable suspension of work for the duration of the repair).

Example. The institution has 200 employees. Consequently, 16-18 workers must go on vacation each month. Since vacations should be provided evenly throughout the month, it is possible, for example, to provide vacations on the 3rd, 13th and 23rd or on the 7th, 17th and 27th, etc. - so that in each of these terms 5-6 employees go on vacation, and in just a month 16-18 employees.

b) Extension of vacation due to unused days off is prohibited.

c) It is forbidden to grant leave without pay, except for those cases when they are provided for by special laws (for example, laws on the distribution of young specialists to work after graduation from universities and technical schools).

d) When going on vacation, the transfer of unfinished work to other employees is not allowed.
(The article is additionally included by the decree of the People's Commissariat of Labor of the USSR of January 19, 1931 N 21)

36. In cases where special regulations are established for certain categories of workers (in particular, for workers in areas with particularly harmful climatic conditions) special rules for granting leave, these Rules do not apply insofar as they contradict these special regulations. In the rest of its part, these Rules are applied on a general basis.

Special Rules on additional leave for particularly harmful climatic conditions are attached.

37. For employees who came to this employer before July 16, 1929, the 5-month period of work, which gives the right to leave with this employer in 1930, is counted from January 1, 1930.

Employees who were admitted between July 10, 1929 and January 1, 1930, the term also counts from January 1, 1930 if, on the basis of a collective agreement, they acquired the right to proportional leave or proportional compensation in 1929. Otherwise, the term is counted from the date of employment.

For workers for whom the period of work giving the right to leave for 1930 is counted from January 1, 1930, the working year in further work for this employer is counted from January 1 to January 1 (i.e., coincides with the calendar year).

Example. The worker, working in the factory for 2 years, in 1928 was in next vacation, and the vacation of 1929 was postponed to him in 1930. In 1930, he will receive a cumulative leave, and the period of work on leave in 1930 is considered with him from January 1, 1930.

Upon voluntary dismissal on October 1, 1930, prior to the use of the vacation, the employee will receive full compensation for the 1929 vacation and, in addition, proportional compensation for 9 months of work in 1930, counting from January 1.

38. When granting vacations in enterprises and institutions in 1930 and compensation for them, these Rules shall not apply to employees employed there who, by the date of entry into force of these Rules, have already used their leave for 1930 or are on leave for 1930.

39. For workers who were dismissed by their employer in 1930 prior to the entry into force of this Regulation and entered into a new employer in 1930, these Rules shall apply as follows:

a) if the employee was dismissed with proportional compensation for part of 1930, then the Rules apply to him on a general basis;

b) if the employee was dismissed after receiving full leave or full compensation for 1930, and in 1929 he also received the right to full leave or full compensation somewhere, then the period of work for a new vacation is considered from January 1, 1931;

c) if the employee was dismissed after receiving full leave or full compensation for 1930, and in 1929 he did not receive the right to full leave or full compensation anywhere, then the period of work for a new vacation is considered from the day of the end of the year after joining the previous employer ...

Example. An employee first entered a wage-earning job on October 1, 1929. Since he only worked for 3 months in 1929, he received no leave or compensation for 1929. On April 1, 1930, he resigned with full compensation for 1930, and on June 1, 1930, he joined a new employer. The term of work for a new vacation will be considered only from October 1, 1930, when a year has passed from the date of employment with the previous employer.

40. Canceled:

1) Resolution of the NKT of the USSR of August 14, 1923 N 36 - Rules on regular and additional vacations ("News of the NKT of the USSR and the RSFSR", 1923, N 4/28);

2) clarification of the NKT of the USSR of August 28, 1923 N 58 on the interpretation of Article 18 of the Regulations on regular and additional vacations ("News of the NKT of the USSR and the RSFSR", 1923, N 4/28);

3) clarification of the NKT of the USSR of August 23, 1924 N 357/30 on the interpretation of Articles 12-14 of the Rules on regular and additional vacations ("News of the NKT USSR", 1924, N 31);

4) clarification of the NKT of the USSR of October 24, 1924 N 446/38 on the procedure for calculating compensation for unused leave and maintenance during the vacation ("Izvestia NKT USSR", 1924, N 43);

5) clarification of the NKT of the USSR of June 16, 1928 N 132/350 on the duration of leaves for persons under 18 years of age and employed in professions that give the right to additional leave for harmful work ("Izvestiya NKT SSSR", 1926, N 24 -25);

6) clarification of the USSR NKT of April 30, 1929 N 155 about the duration of the vacation ("Izvestiya NKT USSR", 1929, N 20-21).

41. Article 1 of the USSR NKT decree of February 21, 1928 on the working conditions of overgrown pupils in factory and mining apprenticeships (Izvestiya NKT SSSR, 1928, N 11) excludes the word "vacations".

People's Commissar
Labor of the USSR
Uglanov

Member of the NKT USSR Collegium
and head. Organizational and Legal
Department of NKT of the USSR
Serina

Appendix to Article 36. Rules on additional leave for particularly harmful climatic conditions

Appendix to
Article 36 of the Rules on
regular and additional vacations

(as amended on August 13, 1930)
____________________________________________________________________
Abolished on the basis of
Resolution of the Council of People's Commissars of the USSR of October 22, 1942 N 1725. -

See previous edition
____________________________________________________________________

People's Commissar
Labor of the USSR
Uglanov

Member of the Board
NKT of the USSR and head. Security Department
Labor NKT USSR
Zheltov

Document revision taking into account
changes and additions prepared
JSC "Codex"

The event is of a planned nature, an appropriate schedule is drawn up in advance, which is mandatory for the employer and employee.

The duration of the vacation directly depends on the working conditions, the industry where the worker performs his functions, various temporary and production factors... Knowledge of the rules for regular and additional vacations will be useful not only for specialists related to the provision of rest, but also for all other employees.

Main leave: rules for granting

Vacation is a period of time during which the employee gets the opportunity to rest for the employer's money. Comes after six months of continuous work. All vacation periods are divided into:

• main vacation period;
• days of additional vacations.

The established minimum allowable duration of the main vacation is 28 calendar days. This is stipulated by law. The employer is prohibited from providing less than this number of days if the worker has worked a full calendar year.

Vacations are issued according to those approved in advance. Such documents are drawn up in the last month of the year preceding the vacation. Applies exclusively to paid rest periods.

Taking leave after six months of work is a right, but not an obligation of the employer. By agreement of the parties, the employee may be granted leave for a shorter period of work.

The law highlights separate list citizens who must be granted leave without fail and before the six-month period (at their written request). This includes:

• pregnant women who have not yet gone on maternity leave or women who have just left the decree;
• minor employees (up to the age of eighteen);
• workers who have adopted a baby under the age of 3 months;
• other options as defined by federal laws.

It should be noted that the law introduces some amendments to the order of granting paid vacations. In particular, certain categories of employees may require and receive leave at a convenient time for them. These workers include:

• minors (under the age of eighteen at the time of writing the corresponding application);
• or women who just left the decree;
• men whose wives are on maternity leave;
• spouses of military personnel simultaneously with the leave of their second halves;
• honorary donors;
• other categories of citizens defined at the legislative level.

Remember, the scheduling rules, the order in which the main leave is granted has nothing to do with providing vacations at your own expense. The latter are governed exclusively by agreements between the employer and the employee.

What is extra vacation

What is extra leave

In addition to basic rest, depending on working conditions, areas of activity, certain categories of citizens may receive extended rest. Such a right arises in the case of performing labor functions in such conditions (under certain circumstances):

• the work is carried out in an environment or environment that is hazardous to the life and health of the employee;
• in the case of a special nature of the performed labor functions;
• work is performed in conditions of irregular work regime;
• when it is necessary to work in the Far North;
• on the terms of collective agreements;
• in other cases.

It should be noted that additional leave is also paid at the expense of the employer, and its duration does not overlap with the duration of the main leave. By their legal nature, these are different periods of rest, which are summed up during the working year.

An important point: under certain circumstances, the employee has the right to receive monetary compensation for additional vacation instead of the legal period of paid rest. It should be borne in mind that the legislator has established certain restrictions on the implementation of this norm. In particular, they apply to such cases:

1. An employee will not be able to receive additional leave if he does not have a rest period equal to less than 14 calendar days.
2. It is forbidden to pay compensation instead of the prescribed rest to pregnant women, minors, as well as employees in hazardous or dangerous work.

Remember, in order to receive compensation for all types of paid leave that have accumulated earlier, the employee must coordinate this issue with the employer and not fall under legal restrictions. The exception is full settlement upon dismissal.

If the employee has walked off his allotted 14 calendar days, in agreement with the employer, he can use the remaining vacation days at a convenient time for him. And it can be not only work days, but also actually weekends.

Thus, without changing the work schedule, the employee will be able to fully receive the monetary compensation due to him. This is often a compromise between the worker and the administration.

To whom and for what is due

Who is granted additional leave

Additional rest is provided to citizens who have special, different from the majority, working conditions. Here it is necessary to indicate whether such vacations are regulated at the legislative level or are provided at the expense of the employer and are displayed in the company. Based on the list of employees whom they rely on, additional vacations can be divided into the following groups:

1. For harmful (hazardous) working conditions. For this, the working conditions of specific employees must be checked (carried out special assessment). And then, depending on the list of identified negative factors affecting the human body, employees are entitled to additional rest for more than 7 calendar days. The actual number of days for each workplace is determined labor contract, are fixed by the collective agreement.
2. For the special nature of labor functions. Here are the conditions for registration extra days rest are regulated by government regulations or regulations specific department. For example, doctors are entitled to 3 additional days of leave (only when continuous medical experience exceeds three years). Civil servants sent on a business trip to Chechnya can claim 2 days of additional rest for each month they fully worked there.
3. For irregular performance job responsibilities... It is regulated by the collective agreement of a particular company. The duration of the rest must be more than 3 calendar days. Installed by position, not by hours worked. Even if a person has never stayed at the workplace after the official end of the working day for a year, he is still entitled to additional vacation days.
4. Per labor activity, performed in the Far North (and in the equivalent area). Here, the duration of additional rest depends on the territory where the citizen performs his work function. When it is the Far North, the duration of the vacation is 24 days or more; equivalent territories - from 16 days of vacation; in other northern regions - at least 8 additional days. Both full-time and visiting employees can take advantage of this opportunity to relax.
5. In other, legal cases. Here we can distinguish disabled people (they must rest at least 30 days a year), citizens affected by Chernobyl accident(they are entitled to from 7 to 14 additional days of rest), athletes and their coaches (from 4 additional days of vacation), law enforcement officers (depending on the length of service, they can expect from 3 to 15 additional vacation days).

Remember, the number of days, the procedure for establishing additional vacations are regulated by the relevant laws. The employer is obliged to provide the employee with all the days of additional rest due to him or (in extreme cases) to pay compensation for them, provided that the employee rests for at least 14 days in a year.

Is it possible to combine them

Combining main and additional vacations

Depending on the working conditions, the duration of the rest due to the employee can be quite long. Situations often arise when the total number of days of additional rest (for example, long-term work in the Far North, with an irregular regime, as well as in hazardous work) exceeds the number of days of main rest.

It is not surprising that employers try not to let employees go on vacation for several months in a row, especially in cases of performing work functions in continuous production. At the same time, the law does not prohibit combining all types of vacations into a single duration.

At the same time, some employers demand from employees several at once with consecutive dates in order to close "debts" on vacations of various categories in their records. The employee gets an uninterrupted rest period.

In order to regulate the needs of the company in the workforce and the need for the worker to rest, a procedure for the advance planning of vacations has been established at the legislative level. It is optimal to do this in the following way:

• the total number of days of rest due to the citizen is divided into smaller periods, which are further included in the vacation schedule for different months;
• the schedule is approved by the employer and submitted to the employee under the signature;
• two weeks before the start of the next vacation period, the employer informs the employee in writing about its occurrence and the need to write a corresponding application;
• at the request of the employee, a vacation order is issued (regular or additional or combined);
• spend the vacation period in accounting and personnel records.

Remember, having a schedule does not automatically mean that an employee will be given a vacation. To do this, the latter must write a statement, and the administration must issue an appropriate order. Only in this case, the employee receives the full right to be absent from work for the period specified in the order.

You need to understand that the number of days of rest indicated in the schedule is a declarative norm. The actual number of days of rest will be determined at the request of the employee. Vacation days not provided for in the schedule may be provided by agreement of the parties to the employment relationship.

Registration procedure

The vacation registration procedure consists of several stages. To do this, you need to perform the following actions:

1. Approve the vacation schedule for the next year. This is done at the end of December this year. This document is coordinated with the trade union and is given against each name to the employees under a personal signature. Typically, specific dates for the start and end of vacations are put down.
2. Two weeks before the start of the vacation according to the schedule, notify the employee in writing about this. This is done by employees of the personnel department of the company.
3. Upon receipt, the employee must immediately write a corresponding statement to the manager. This is necessary to confirm that the previous agreement remains in force (you never know what could have happened in a year), to enable personnel officers to issue an order, and accounting departments to calculate and pay vacation pay.
4. Issue a vacation order. Pay the employee the vacation pay due to him (done before the start of the vacation). Prepare a document personnel workers, the head signs, the employee gets acquainted with the signature. From the day specified in the order, the employee can legal grounds use rest days as you see fit.

Remember, if the first day after the end of the vacation falls on a day that is a non-working day for an employee, he must go to work on the day of his actual work according to the schedule. If the vacation was long (several months), the date of going to work should be specified in advance.

It is also important to note that the unpaid leave due to the employee is not pre-planned. They can be provided by agreement of the parties.

Unused vacation compensation

When can I get compensation for unused vacation

Quite often, employees try to get compensation in monetary form for unused vacations. Of course, the law obliges employers to provide their employees with paid rest periods so that they can recuperate and imposes certain restrictions (this is not a ban) on the payment of compensation for the due leave.

When a worker has “walked off” more than 14 days of the main vacation, he is an adult, is not a pregnant woman, works in normal working conditions, he has the right to demand from the employer to pay compensation for the accumulated days.

True, you will need to write a corresponding application addressed to the employer. To reduce the financial burden (especially if a long number of vacation days has accumulated), employers are trying to look for some compromise options. Among others, you can highlight:

• payment of partial compensation in different months of work;
• signing a paid vacation for an employee;
• registration of leave, after which the employee immediately leaves without starting work.

Remember, all rest periods due to an employee are added up. As a result, the employer will be obliged to either give or compensate for all vacation days.

Payment: calculation of experience

To determine the length of the vacation due to an employee, you need to learn how to calculate it correctly, as well as learn which days are included in the calculation. Vacation is counted from the first day of the employee's actual work. The calculation includes:

1. All actual duration of labor.
2. The period when the employee was absent from work, while the place of work was retained. This includes temporary incapacity for work, paid vacation periods.
3. Forced truancy. Usually this illegal dismissal followed by reinstatement.
4. Suspension from work through no fault of the employee. As an example, for medical contraindications until the transfer to another position.

In order to correctly perform the calculation, you must also understand what is not included in the calculated vacation period:

1. All unpaid leave days of more than 14 days.
2. All maternity leave.
3. Absence without good reason at work.

Learn about the procedure for granting vacations and scheduling vacations in this video:

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