Leave for temporary and seasonal workers. Do I have to give leave if I am employed on a temporary basis?

Labor Code RF provides for the mandatory provision of annual paid in the amount of 28 calendar days unless otherwise provided federal laws... In addition, in the process of labor relations, some categories of employees have the right to various additional or extended vacations (for irregular working hours, for length of service, for harmful conditions labor).

Is the book entitled to maternity leave for a temporary employee?

By general rule, correspondent points of other divisions, type of media, constituent entity of the Russian Federation. The list of information is expanded when maternity accounting is outsourced to another company. Such an application for the withdrawal of the first can be submitted both during illness and in the case of a waterway, loss of a breadwinner, for raising children and in other cases established by law.

The design of the blanks have an idea of \ u200b \ u200bthe

REFUNDS for unused HOLIDAYS

Each employee is entitled to an annual duration of 28 calendar days with the retention of the position and average earnings. According to article 126 of the Labor Code, an employee can ask for the replacement of a part of such leave exceeding 28 calendar days. for monetary compensation upon written application. The application must be signed by the employee, and all employer's visas must be affixed.

Compensation for unused vacation: calculation features

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation. The employee can contact the employer with such a statement at any time. The need to pay compensation for the unused may also arise upon the dismissal of an employee. The specifics of the payment of compensation in both cases are explained by Boris Chizhov, deputy head of the department of the Administrative Department of Rostrud.

We are in the media

I was hired on a fixed-term employment contract. I worked like this for a year. They said that the vacation has not yet been laid. Then they transferred to the state and said that I could get my first vacation only in six months. Is it all legal?

- First of all, I want to note that the right to vacation does not in any way depend on the type of contract - urgent (concluded for several months, six months or a year) or unlimited.

Do I need compensation for vacation on a fixed-term contract

If an employee is hired temporarily, for the time of the main employee, and he works for only one month, upon dismissal he should be charged compensation for 2.33 days, or in this case, compensation is not charged. Thanks

Article 115 of the Labor Code of the Russian Federation establishes that the duration of the main annual paid leave is 28 calendar days. At the same time, no exceptions are made for those working under a fixed-term employment contract, except for cases when it is concluded for a period of up to 2 months or for seasonal work.

Is vacation due to a temporary worker

According to Art. 291 of the Labor Code of the Russian Federation, paid vacations or the corresponding financial compensation provided to temporary workers at the rate of two working days for each month of work.

To pay for vacations granted in working days, as well as to pay compensation in such cases for unused vacations, the average daily earnings are calculated by dividing the amount actually accrued wages by the number of working days according to the calendar of a six-day working week.

Whether the employee is entitled to vacation under a fixed-term contract: Is the employee entitled to vacation under a fixed-term contract

I agree with Alexandra. An employee who has concluded an urgent labor contract, in general order... Is an employee who works under a contract entitled to an urgent expert consultation. The expert will answer the question on accounting or.

An exception has the ability to compose a termination of an employment agreement at the initiative of the employer upon liquidation of the organization or termination of work by the employer - an individual (whether the employee is entitled to leave according to fixed-term contract… The time from the day of dismissal to the achievement of a 3-year-old child will be included in the permanent work skill.

Is the payment of the road required for workers in the Far North who are hired temporarily for the period of maternity leave of the main employee?

Good afternoon! Our organization is located in the Far North region, and employees are entitled to pay once every two years for travel to the place of vacation and back. Are the travel expenses for employees hired temporarily for the period of maternity leave of the main employee (for 1.5 years)?

The right to free travel and baggage transportation to the place of rest and back for an employee working in the Far North or equivalent areas does not depend on the term of the employment contract.

Labor Code of Ukraine

What reasons are considered significant when terminating an employment contract on the initiative of the owner in the event of an employee's absence from good reason?

Does the legislation provide for the payment of vacation for part-time workers?

Are employees eligible for additional pay for hazardous working conditions?

Is it a violation of the employee's rights that the administration's consent to dividing the annual leave is only subject to the inclusion of days off?

Is there a limitation on the granting of annual leave today?

Dear Olga Anatolyevna! In accordance with article 105 of the Labor Code of the Republic of Kazakhstan ( hereinafter - the Code) paid annual labor leave employee for the first and subsequent years of work by agreement of the parties provided at any time of the working year .

The working year is twelve months, calculated from the first day of work of the employee.

At the same time, in accordance with paragraph 3 of this article, by agreement between the employee and the employer, the paid annual leave may be divided into parts.

Thus, for employees, the priority of providing labor is it necessary temporary worker vacation for whom the vacation schedule is not defined, annual paid leave may be granted by agreement of the parties at any time of the working year in full or for the actual hours worked.

The length of service, which gives the right to paid annual leave, includes:

1) actually worked time;

2) the time when the employee did not actually work, but he retained his place of work (position) and wages in whole or in part;

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

the period of suspension from work of an employee who has not passed the mandatory medical checkup(examination) through no fault of their own;

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

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

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

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

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

Article 122. Procedure for granting annual paid leave

Paid leave must be granted to the employee annually.

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

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

women - before or immediately after maternity leave;

employees under the age of eighteen;

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

in other cases stipulated by federal laws.

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

Am I (a temporary worker) entitled to leave when the main employee leaves?
Leave for a fixed-term employment contract
Compensation for Unused Leave for Temporary Workers: Difficult Cases
Leave Leave Compensation: Frequently Asked Questions
Is vacation due to a temporary employee
Is it supposed maternity leave temporary worker

Do I (a temporary worker) have a vacation when the main employee leaves? Important The autumn-winter period is characterized by an increase in the number of colds.

Vacation after 6 months of work under the Labor Code

Is vacation due to a temporary worker
How many vacation days are eligible for one month of work? Calculation examples
- If an employee is hired temporarily, for the duration of the main employee's vacation, and he works for only one month, upon dismissal, he is supposed to accrue compensation for a vacation of 2, 33 days, or in this case, compensation is not charged

Vacation and social benefits

The procedure for granting vacations to temporary and seasonal workers

Legal Aid Center We provide free legal aid to the population
How many days of vacation are due after 6 months of work?

Whether a temporary worker is entitled to leave Thank you Is a temporary worker entitled According to Art.

Do I have a vacation if I work temporarily?

Additional vacation for temporary and seasonal workers When determining the duration of vacation for temporary and seasonal workers, it should be remembered that the main vacation in working days is provided on the basis of a six-day working week. That is, Sundays are not included in the vacation days and are not paid.

And when providing additional leave on calendar days, Sundays are included in the number of vacation days and are paid. Regardless of whether on working days or on calendar days, vacation is granted, non-working holidays the number of vacation days does not include Art.

120 of the Labor Code of the Russian Federation. Leave compensation upon dismissal: frequently asked questions What compensation and cash payments are due in this case? unused vacation(if there). # 25 IP / Host: 78.157.224.

Are temporary workers entitled to vacation?

Of the Labor Code of the Russian Federation, paid or corresponding monetary compensation is provided to temporary workers at the rate of two working days for each month of work. Is the employee entitled to vacation under a fixed-term contract: Is the employee entitled to vacation under a fixed-term contract I agree with Alexandra.

To an employee who has entered into a fixed-term employment contract, in accordance with the general procedure. How many vacation days are eligible for one month of work? Examples of calculations An employee also has the right to ask to give him some part of unused vacation in terms that are not provided for in the schedule.

If the bosses agree, they will release the employee, he has such rights. Duration of the annual paid Part 1 of Art. 115 of the Labor Code of the Russian Federation gives each employee the right to take annual paid leave of 28 calendar days.

How much vacation is due to a temporary worker per month

Attention At a certain stage, they needed a pipe fitter, who was not on the staff, and there was no special need for such a permanent position either. They took him to work for 2 months under a contract for a certain period of time (clause 3, clause 1, article 29 of the Labor Code of the Republic of Kazakhstan).

The second month is coming to an end, the contract will be terminated on time, and this is where we thought: 1. Is such an employee entitled to leave (if he requests it before dismissal)? 2. Is such an employee entitled to compensation for unused vacation, according to the period worked? 3.

In which legal act is it described? Thanks in advance! ZY: Everywhere it is written that both vacation and compensation are required, but there are no references.

Is vacation due to a temporary worker

Is a temporary worker entitled to leave Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective bargaining agreement. subjected to disciplinary action, transferred to another job or dismissed at the initiative of the employer, with the exception of cases of termination of an employment contract for a misdemeanor, for which, in accordance with this Code, other federal laws provide for dismissal from work. " # 12 IP / Host: 178.47.243. Re: Work at the place of the main employee who went on maternity leave Hello. I was accepted to the place of the main employee and I myself went on maternity leave.

Now the main employee is going to quit.

Additional vacation for temporary and seasonal workers

Previously, the number of working days in incompletely worked months, when provided in working days, was calculated by multiplying the working days according to the calendar of a five-day working week falling on hours worked by a factor of 1.2. The procedure for granting vacations to temporary and seasonal workers Separately, I would like to draw attention to temporary and seasonal workers.

Are they entitled to an annual paid and the possibility of using it in kind? The legislator gives a positive answer to both of these questions (Articles 291 and 295 of the Labor Code). The procedure for providing temporary and seasonal workers with annual paid is almost identical: at the rate of 2 working days for each month of work for both categories of workers.

Is it possible to go on vacation earlier than 6 months of work after employment

Attention

In addition to personal negotiations, the employee can submit an appeal to judiciary, but only if it is not possible to personally resolve the issue. In addition, you can apply to the court if the leave has not been assigned for two years.

These circumstances are a violation of the law. Is it possible to refuse vacation after six months of work? Cancellation of the granted vacation days after 6 months of work is possible only by mutual agreement. The employee has the right to use only part of the rest, and the rest of the unused days must be paid as remuneration after dismissal.
Also, an employee can write a letter of refusal and immediately receive compensation for unused rest. An application for a vacation after six months of work - a sample according to the Labor Code of the Russian Federation The Labor Code of the Russian Federation does not establish specific deadlines for submitting an application for vacation days.

Important

Content

How long does it take for an employee to get a vacation?
How long can you take a vacation
Is it possible to go on vacation earlier
Does the employer have the right to refuse to grant leave in advance
Risks of the employer when granting leave in advance
List of persons who are entitled to leave in advance in any situation

Labor activity brings not only monthly salary but also an annual paid vacation. To obtain it, you need to work in the company for six months, but the employer has no right to refuse to grant vacation in advance to some employees.

Read more about this in our article. How long does it take for an employee to get a vacation? Part 2 of Art. 122 of the Labor Code of the Russian Federation states that absolutely every employee has the right to receive the first leave after employment after 6 months of work.

Is a temporary worker entitled to vacation after 6 months

It follows that the rest period after 6 months labor activity is 14 days. But the duration of the vacation may also depend on the decision of the employer, he can extend the vacation days and provide them in advance.

Vacation days are provided in advance for a woman for a certain period of pregnancy without fail. The number of days is set during negotiations between the employee and the head of the organization.
In this case, it is necessary to take into account the fact that the employee can leave the post before the end of the working year, and the leave for him has already been used. In this situation, the employer has a legal opportunity to withhold the amount that was accrued for the unworked period of rest. The amount should not exceed 20% of salary payments, that is, it is not always possible to compensate for the loss in full.
If the employee decides to quit while on vacation, the company will withhold from the salary the amount paid for the vacation on the basis of Art. 137 of the Labor Code of the Russian Federation. If there is nothing to keep or the employee refuses to pay "unearned vacation pay", the employer will only have to file a claim in court. List of persons who are entitled to leave in advance in any situation Earlier than after six months of work, leave is entitled to receive the following categories of workers on demand: Vacation and dismissal ) and decides to quit.

Download a sample application How to correctly calculate the vacation after six months of work? To correctly calculate vacation payments, you need to take into account the billing period. If the employee has worked for 6 months, that the billing period should be exactly six months.

Next, the average level of the employee's salary for one day of work is taken. This amount depends on the billing period. To calculate this value, you need to summarize the monthly earnings for the entire period and divide by the days worked.

In the case of incomplete work, the number of months must be multiplied by 29.3. The resulting amount of average earnings must be multiplied by the number of vacation days.

The final figure is the amount of payments that are provided for this employee. It is important to remember that the calculation of the average salary does not include sick leave, vacation, business trips, various bonuses and compensations.

In accordance with the current legislation, a worker who has worked at the enterprise for less than 6 months, he has the right, on an equal basis with other employees, to receive all due payments upon dismissal. This also applies to compensation for unused vacation days. To determine the amount of due payments HR department it is necessary to prepare information:

The total length of service of the dismissed employee at the given enterprise.
The presence or absence in the current time period of time subject to exclusion from work experience, which does not give the right to annual vacation days. It is determined in calendar days.
Determination of the days excluded from the general experience, but giving the right to the days of annual leave.
Count total rest days that are due to the employee in the current reporting period and were not used by him for this moment... If the employee used the vacation days in excess of the actually earned, then their payment will be deducted from the settlement funds.

In part 1 and part 2 of Art. 121 of the Labor Code of the Russian Federation established the procedure and rules for calculating the length of service giving the right to annual vacation... According to this norm, not only the actual hours worked, but also the periods when the employee was absent from the enterprise, but his position was retained for him, are taken into account of this time. This applies to vacation days, holidays and weekends, time forced downtime and absenteeism, as well as the time when he was on vacation for on their own without repayment. In the latter case, the current legislation establishes a limitation on the duration of such a rest - no more than 14 days within one working year.

The total amount of compensation for leave for temporary workers upon dismissal will be determined based on the number of unused days of rest. According to the established procedure, for each month worked, an employee is charged 2.33 vacation days. In this case, the "working year" is not determined by the calendar date. According to article 14 of the Labor Code of the Russian Federation, the countdown begins from the day of employment at the enterprise.

In addition, it should be borne in mind that, unlike the calendar year, the end date of the employment year may vary. It depends on the presence or absence in the current reporting period of time not included in the vacation period. According to part 2 of article 121 of the Labor Code of the Russian Federation, the working year is extended by the number of such days.

The procedure for calculating compensation for vacation pay in case of termination of labor relations with an employee is enshrined in Regulations No. 169 dated 04/30/1930. About the next and additional leave... In p. 28, 29, 35 of this document it is noted that an employee working at the enterprise for 11 months has the right to receive compensation for vacation in full annual amount. Moreover, the sum cash payments will be equal to the corresponding payment for the days of rest of the given duration.

In other cases, the calculation of compensation is carried out in accordance with the general procedure, when for each working month the employee has 2.33 days of vacation. At the same time, the incompletely worked period is rounded up if the worker has worked more than half of the required time.

The exception in this case is temporary workers who have concluded labor Relations for a period of less than 2 months. A different coefficient is set for them. According to Art. 291 of the Labor Code of the Russian Federation - for each month of work, such an employee has 2 days of vacation. This period also applies to seasonal workers, the term of the contract does not exceed 6 months.

General procedure for calculating compensation

In the process of termination of employment, special attention is paid to the correctness of the final settlement. The procedure for carrying out this procedure is enshrined in labor law and is used in all cases, regardless of the specifics of the situation. The total amount of payments includes:

Labor remuneration for the last reporting period;
Compensation for unused vacation pay (collection of overpaid funds for unworked days of rest);
Additional payments.
In the presence of unpaid certificates of incapacity for work - the transfer of the due amounts is made no later than 10 days after the termination of the employment relationship.

The calculation of compensation for the vacation of a temporary worker upon dismissal is carried out in the same way as for office workers indefinitely. Each day of vacation is paid based on the employee's average earnings. Its size depends on the size of the salary or the tariff rate established for this position. In addition, all additional payments due to him are kept for the employee during his vacation. The total amount is calculated based on the worker's average earnings for the last reporting period.

The procedure for calculating compensation is enshrined in Article 139 of the Labor Code of the Russian Federation and Regulation No. 213 of 04/11/2003. According to them, when determining the average daily earnings, the last 3 months of the employee's work are taken into account. In accordance with the Regulations, payment for vacations and compensation for them is determined by the formula: the amount of earnings for the reporting quarter / 3 / the average monthly number of calendar days equal to 29.6 days.

Applicable to temporary workers who have entered into an employment relationship for a period of 2 months or less, the number of days of compensation is not calculated based on the norms established at the enterprise, but always equals 2 days of rest per month worked.

After completing the necessary calculations, the total amount of the final calculation is determined. It is handed over to the dismissed employee after the order was issued for the enterprise and the employee got acquainted with it. Also, on the last working day, he is given all Required documents, including a properly executed work book.

Features of calculating compensation in practice

In practice, the process of calculating compensation for vacation days is often not particularly difficult. Consider the example of temporary workers who have entered into an employment contract for 2 months. As noted above, such employees are charged 2 vacation days regardless of those adopted at the enterprise.

In accordance with the current legislation, when calculating the amount of payment for the annual rest time, a 6-day work week... Thus, if an employee has worked all the allotted time, then according to the calendar there are 42 working days... Based on this, the amount of compensation for this period will be: salary / 42 days x 4 vacation pay.

If the calculation is carried out in a general manner, then the duration of the leave established for this position for the fully worked working year is taken into account. In general, it is 28 days. Therefore, upon the dismissal of an employee who does not belong to special categories, the calculation will be made in accordance with the general procedure.

You also need to pay attention to the rules for rounding off the working hours. If an employee has worked less than 14 days in the current working month, then it is rounded down, if 15 or more, then up. Thus, it turns out that if an employee leaves after 7 months and 8 days, then in the calculation of vacation pay, the number of days of rest will be calculated for 7 full months. If this period is 7 months and 16 days, then the calculation is made for 8 working months.