Clause 28 of the rules on holidays. Compensation for unused vacation. Rules for regular and additional vacations

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 the 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, he is entitled to receive monetary compensation 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 vacation is entitled to monetary compensation for all unused vacation (, Rules on regular and additional leave approved).

When calculating the terms of work that give 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 according to 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 paid compensation 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 compensation for unused leave must be paid 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

Regular and additional vacations

Rules for regular and additional vacations
(about vacations and other types of leisure time)

REGULATIONS

ABOUT REGULAR AND ADDITIONAL HOLIDAYS

(Published on the basis of the Decree of the Council of People's Commissars of the USSR
dated February 2, 1930 - Protocol No. 5/331, p. 28)

(as amended by the Resolutions of the NKT of the USSR
from 08/13/1930 N 267, from 12/14/1930 N 365,
from 01/19/1931 N 21, from 01/31/1931 N 32,

Resolutions of the All-Union Central Council of Trade Unions of 02.02.1936 (Protocol No. 164),

Resolutions of the USSR Council of Ministers dated 06.12.1956 N 1586,

Resolutions of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions

dated 12/29/1962 N 377/30, Orders

Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190,
from 20.04.2010 N 253)

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 vacation 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 a break in work, then the length of service, which gives the right to leave, counts the time worked for the previous employer - provided that the employee, of his own free will, did not receive compensation for the 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 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 higher educational institution, technical school, a workers 'school, a preparatory department at a higher educational institution, or to training courses at a higher educational institution or at a workers' faculty; 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... - Orders of the Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190, of 20.04.2010 N 253.

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 in 12 months of work and did not complete 5 months of them.

(Art. 2 as amended by the Resolution of the NKT of the USSR of 12/14/1930 N 365)

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 unreserved (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 withhold, then the 5 1/2 month 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 interruption 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 annual period.

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

(Article 3 as amended by the Resolution of the NKT of the USSR of 12/14/1930 N 365)

4. The 5 1/2-month 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 in the employee's documents: "the deduction for unworked vacation days has been fully paid" or "wages remained unreserved for so many vacation days" ...

(as amended by the Decree of the NKT of the USSR of 12/14/1930 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 with additional leave as compensation for workload and work after hours.

The duration of this leave in public institutions 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 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 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

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).

(as amended by the Decree of the NKT of the USSR dated 01.19.1931 N 21)

Leave can be granted 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 grant leave to one or another employee before the onset of his right to leave (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; on the first vacation - on August 25, and on the second - on 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 (certificate of incapacity for work);

(item "a" as amended by the Resolution of the Council of Ministers of the USSR dated 06.12.1956 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 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. His vacation must be extended 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 the employee on the next 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 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.

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, 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 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 vacation 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. Summation of vacation in case of disagreement of the employer or employee, as well as any payment monetary compensation for 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 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 that are attached to them, as well as party, Komsomol and professional organizations;

e) revealed unsuitability for work.

(part three as amended by the Resolution of the NKT of the USSR of 08.13.1930 N 267)

In all other cases, workers receive proportionate compensation. 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 the workshop from harmful conditions work. 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 collective or written employment contract or on the basis of a mark in the paybook, it is paid according to the vacation period specified in the contract 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 leave, 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.

(Article 34 as amended by the Resolution of the All-Union Central Council of Trade Unions of 02.02.1936 (Minutes No. 164))

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 plant management), 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 bodies related to the maintenance of seasonal work.

The simultaneous granting of holidays to all employees of the institution or its individual parts is allowed only in cases where it is called working conditions(for example, if the inevitable suspension of work during 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 prohibited 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.

(Article 35-a was introduced by the Decree of the NKT of the USSR of 01/19/1931 N 21)

Clause 36 has actually lost its force due to the publication of the Resolution of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions dated 12.24.1960 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 Committee of Labor, 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.

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).

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 considered 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. The worker, working in the factory for 2 years, in 1928 was in next vacation, and the vacation in 1929 was transferred to him in 1930. In 1930 he will receive a summarized vacation, and the period of work on vacation in 1930 is considered with him from 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 do 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 leave is considered from the day of the end of the year after starting to work by to the previous employer.

Example. The worker first started working for hire 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.

40. Canceled:

1) Decree of the NKT of the USSR of August 14, 1923 N 36 - Rules on the next in additional holidays ("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 56 on the interpretation of Art. 18 Rules on regular and additional vacations ("Izvestia NKT USSR and RSFSR", 1928, N 4/28);

3) clarification of the NKT of the USSR of August 23, 1924 N 357/30 on the interpretation of Art. Art. 12 - 14 of the Rules on regular and additional vacations ("Izvestia 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 (Izvestiya NKT SSSR, 1924, N 43);

5) clarification of the USSR NKT of June 16, 1926 N 132/350 on the duration of vacations for persons under 18 years of age and employed in professions that give the right to additional leave for harmful work (Izvestiya NKT USSR, 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. In Art. 1 Decree of the NKT of the USSR of February 21, 1928 on the working conditions of overgrown pupils in factory and mining apprenticeships (Izvestiya NKT SSSR, 1928, N 11), the word "vacations" is excluded.

People's Commissar of Labor of the USSR
UGLANOV
Member of the NKT Board of the USSR
and Head. Organizational and Legal
Department of NKT of the USSR
SERINA
Agreed with the All-Union Central Council of Trade Unions
April 30, 1930

Rules for regular and additional vacations

Tags

REGULATIONS
ABOUT REGULAR AND ADDITIONAL HOLIDAYS

(Published on the basis of the Decree of the Council of People's Commissars of the USSR dated February 2, 1930 - Protocol No. 5/331, p. 28)
(as amended by the Resolutions of the NKT of the USSR of 08/13/1930 N 267, of 12/14/1930 N 365,
01/19/1931 N 21, 01/31/1931 N 32, Resolutions of the All-Union Central Council of Trade Unions of 02/02/1936 (Protocol N 164), Resolutions of the USSR Council of Ministers of 12/06/1956 N 1586,
Resolutions of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated December 29, 1962 N 377/30, Order of the Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190)

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 vacation 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 to make a deduction from the salary for unworked vacation days.
Withholding is not allowed if an employee is dismissed 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 higher educational institution, technical school, a workers 'school, a preparatory department at a higher educational institution, or to training courses at a higher educational institution or at a workers' faculty; 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 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 worker entered on January 15, 1931. He received full leave from July 15, and on August 15, 1931 he resigned of his own free will. The employer can deduct 5 days' wages from him, since the employee received 12 vacation days in 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 unreserved (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 withhold, then the 5 1/2 month 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 interruption 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 annual period.
Example 1 (to item "b"). The employer, dismissing the employee on August 15, 1931, had the right to deduct from him the wages for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the rest of the days of August the employee was ill). 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 reduce staff. On October 15, 1931, the worker entered a new employer. 5 1/2 months for a new vacation will begin with him only on March 1, 1932 and will expire on August 15, 1932.
4. The 5 1/2-month 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 in 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, unless these lists provide for a different length of leave.
8. Employees with irregular working hours may be provided with additional leave as compensation for workload and work after hours.
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 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 granted 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 grant leave to one or another employee before the onset of his right to leave (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. 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 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; on the first vacation - on August 25, and on the second - on 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 (certificate of incapacity for work);
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. His vacation must be extended 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 the employee on the next 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.
Note: Clause 22 has actually become invalid in terms of the procedure for calculating average earnings for vacation pay and payment of compensation for unused vacation in connection with the publication of the AUCCTU Resolution of 02.02.1936 (Minutes 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 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 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 vacation 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 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 that are attached to them, as well as party, Komsomol and professional organizations;
e) revealed unsuitability for work.
In all other cases, workers receive proportionate compensation. 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 leave, 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 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 plant management), 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 bodies related to 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 prohibited 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 have been established for certain categories of workers (in particular, for workers in areas with particularly harmful climatic conditions) special rules for granting vacations, these Rules shall not apply to the extent that they contradict these special regulations. 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 Decree of the State Committee of Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of 24.12.1960 N 1353/28, which approved a new List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened 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 Instructions 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 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. 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 do 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 leave is considered from the day of the end of the year after starting to work by to the previous employer.
Example. The worker first started working for hire 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.

Application. Rules on additional leave for particularly harmful climatic conditions (no longer valid)

Rules for regular and additional vacations
(approved People's Commissariat Labor of the USSR on April 30, 1930 N 169)
(Issued on the basis of the decree of the Council of People's Commissars of the USSR dated February 2, 1930 - protocol N 5/331, p. 28.1)

With changes and additions from:

August 13, December 14, 1930, January 19, 31, 1931, October 22, 1942, December 6, 1956, March 21, 1961, December 29, 1962, March 3, 2005, April 20, 2010 G.

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 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 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. 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 voluntarily did not receive compensation for unused vacation during this time.

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.

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 worker entered on January 15, 1931. He received full leave from July 15, and on August 15, 1931 he resigned of his own free will. The employer can deduct 5 days' wages from him, since the employee received 12 vacation days in 12 months of work and did not complete 5 months of them.

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;

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, 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.

Information about changes:

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.

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 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

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;

40. Canceled:

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

2) clarification of the NKT of the USSR of August 28, 1923 N 56 on the interpretation of Art. 18 Rules on regular and additional vacations ("Izvestia NKT USSR and RSFSR", 1923, N 4/28);

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

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

Agreed with the All-Union Central Council of Trade Unions.

______________________________

* See above, p. 295.

Agreed with the All-Union Central Council of Trade Unions.

_____________________________

* This resolution was not published in Izvestia NKT SSSR.

GOVERNMENT OF THE RUSSIAN FEDERATION

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 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 for individual employees of federal government agencies if these employees, if necessary, are occasionally recruited by order of the employer to perform their labor functions outside the 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 otherwise regulation institutions.

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 amount of work, the degree of labor intensity, the employee's ability to fulfill his labor functions outside 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 leave, as well as dismissal, the right to said leave is exercised in the manner prescribed labor legislation Of the Russian Federation for annual paid vacations.

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