There is no need to write a vacation application
If you are going on annual paid leave, which is provided for in the vacation schedule, then you do not need to write an application. The Labor Code does not have a rule according to which the employee is obliged to do this. On the contrary, the employer is obliged to notify the employee, against signature, of the start time of the vacation. According to Article 123 of the Labor Code, this must be done no later than two weeks before the start of the vacation.
An application for paid leave is written only in cases where an employee wants to go on vacation without working for six months, or when it does not coincide with the vacation schedule.
The vacation schedule is drawn up annually no later than two weeks before the New Year.
Number of vacation days in 2020
The minimum duration of annual paid leave is 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation).
From the recent letter of the Ministry of Labor dated September 24, 2019 No. 14-2/OOG-6958, we can conclude that an employee must take 14 days off in a row for the current working year. Let me explain.
The Labor Code of the Russian Federation allows the annual paid leave to be divided into parts by agreement of the parties (Part 1 of Article 125 of the Labor Code). In this case, one of the parts must be at least 14 calendar days.
According to the Ministry of Labor, at least 14 calendar days should be part of the annual paid leave for the current working year. If an employee takes seven days for the last year and seven for the current year, the requirement of Part 1 of Article 125 of the Labor Code will not be met.
For example, an employee has accumulated seven unused calendar days of vacation for the last working year. He plans to add them to the vacation for the current working year. In this situation, the duration of one part of the vacation in the current year must be at least 21 calendar days (14 + 7). Then there will be no complaints against the company. That is, the employee must take at least 14 days off in a row for the current working year.
There are months during which it is not profitable to go on vacation
Salaries on vacation days are calculated based on the average earnings for the past 12 months. The fewer working days in the month when you go on vacation, the less salary accrual. For example, if you earn 50,000 rubles and take two weeks of vacation in the second half of January, then your salary including vacation pay will be 31,837 rubles, that is, you will receive less than 18,163 rubles. To prevent this from happening, follow a simple rule: take vacations in the months that have the most working days. It is better to avoid vacations in January and May, when there are many holidays.
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How is vacation paid under the Labor Code of the Russian Federation in 2020?
While the employee is on vacation, he retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation). Already from this norm of the Labor Code of the Russian Federation it is clear that vacation payment is made based on the employee’s average earnings.
Calculating vacation in 2020 should begin by determining the calculation period. If a person has been working at his place of work for more than a year, this is 12 calendar months preceding the month the vacation begins (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922). Those. When calculating vacation pay, you will need to use the employee’s income received during these 12 months. In this case, a calendar month is the period from the first to the last day of the month inclusive.
Example.
The manager has been working at Parma LLC since February 5, 2020. From June 3, 2020, in accordance with the vacation schedule, he must be granted annual paid leave. His average earnings will be determined for the billing period - from June 1, 2020 to May 31, 2020.
Example. Calculation of vacation pay for a fully worked pay period in 2020
Employee Petrov A.S. in accordance with the vacation schedule, from May 20, 2020, the next paid vacation for 14 calendar days should be granted. The billing period is from May 1, 2020 to April 30, 2020. The amount of payments taken into account when calculating average earnings was 516,000 rubles.
Solution.
Average daily earnings: 1467.58 rubles. (RUB 516,000 / 12 months / 29.3)
Total amount of vacation pay: 20,546.12 rubles. (RUB 1,467.58 x 14 days)
Holidays increase vacation time
If your vacation falls on these holidays:
- January 1–8
- February 23
- March 8
- May 1 and 9
- 12 June
- November 4,
then they are not paid by the employer, and the vacation is increased by the number of holidays. For example, if you want to take time off from May 1 to May 14, then your vacation will increase by two days due to May 1 and May 9, that is, you only need to go to work on May 17. But your salary will suffer.
What does “at least three days in advance” mean?
The deadlines for paying vacation pay - no later than three days before the start of the vacation - are specified in Art. 136 Labor Code of the Russian Federation. And this provision raises questions among accountants.
The first of them is in which days are we counting, calendar or working days? Rostrud, in letter No. 1693-6-1 dated July 30, 2014, and the Russian Ministry of Labor, in an information message dated June 16, 2014, clarified that three calendar days must be counted. If the payment day coincides with a weekend or holiday, payment must be made the day before.
If Alexey Filonov had written a vacation application from Tuesday, November 5, 2020, the accounting department would have to transfer vacation pay no later than Friday, November 1, because November 2 and 3 are weekends, and November 4 is an official public holiday.
Another question is whether the payment day should be included in the three days specified by law? There is still no clear solution approved by labor legislation. In letter dated July 30, 2014 No. 1693-6-1, Rostrud admits that the employer has the right to accrue vacation pay on the first of three days. And this position received support in the courts: the Kemerovo Regional Court (ruling dated January 26, 2017 No. 33-942/2017) and the Leningrad Regional Court (ruling No. 33-3731/2015 dated August 6, 2015) sided with the employer, recognizing his right to include payment date within the designated three days.
But there are also precedents when the courts took the opposite point of view. For example, the Chelyabinsk Regional Court, by appeal ruling No. 11-11043/2015 dated September 17, 2015, indicated that three full days must pass between the start dates of vacation and payment, and recognized the wrongness of the medical institution that paid the money in violation of this deadline. Similar decisions were made by the Rostov Regional Court (decision dated September 16, 2013 No. 33-11864) and the Perm Regional Court (decision dated January 23, 2018 No. 21-46/2018).
Moreover, in 2020, Deputy Head of the Ministry of Labor of the Russian Federation Ivan Shklovets, answering questions from users of the Salary portal, clarified:
“The payment terms are determined in calendar days. If leave is granted on Monday, it begins at zero o'clock on Monday, that is, from Sunday to Monday. Consequently, three calendar days are counted back - until zero o'clock on Friday. This means that vacation pay must be paid by zero o’clock on Friday.
The previous working day—Thursday—ends at 6 p.m., so vacation pay must be paid before the end of the working day on Thursday or transferred after 6 p.m., but no later than zero o’clock on Friday.”
Given this point of view, we strongly recommend that you keep track of how much time is left before the start of your vacation and transfer your vacation pay on the fourth day before the vacation at the latest. The law does not prohibit doing this in advance.
Alexey Filonov’s situation can be resolved as follows: Alexey receives vacation pay on November 11, and takes out paid leave from November 15. Then the deadlines will be met.
It's better to take a vacation on weekends
This is done to get more money and spend unused vacation. You will be paid a salary and also for vacation days that fall on weekends. For example, if you have been working for more than a year without vacation, there have been no sick days, and your salary is 50,000 rubles, then by writing a vacation for two weekends, you will receive an additional 3,287 rubles, and if the vacation days fall on 8 days off in the month, then a bonus will be 13,150 rubles, that is, you will receive 63,150 rubles. (+26.3%).
This scheme only works if the employer does not mind. He has the right to refuse.
Start with the main thing
As in any business, it is important to set your priorities correctly. There are important items and accessories, as well as minor things that, in principle, can always be purchased on the spot. This is often more expensive, but will allow you to compensate for your forgetfulness.
Very important things are:
- your travel package;
- air tickets;
- passports and documents;
- medical certificates (if necessary to carry medications);
- currency of the country you are traveling to;
- bank cards.
A different climate and unusual cuisine are often the causes of illness, so a first aid kit is also needed. Ideally, it will contain something for indigestion, headaches and cramps, fever, colds and flu, and seasickness. Cotton wool, bandage, plaster are also required.
You can get compensation for your vacation
Unused paid vacation days do not disappear if they are not used. You can receive compensation for them in two cases:
- if the employer does not object, then only additional days of vacation can be compensated if it exceeds 28 days. Accumulated days during a 28-day vacation are not counted.
- When you leave your job, you will be paid for all accrued vacation days. If you have accumulated three months of vacation, then you will receive three salaries.
How to survive until vacation?
In any case, psychologists have noted the fact that in the last weeks before vacation, workers’ ability to work, interest in the work process decreases, and labor productivity deteriorates. How to spend the remaining time before vacation so as not to feel completely overwhelmed on your first day of vacation?
You need to follow some rules.
1. Relax on your legal days off. Especially in the last weeks before vacation. Don't plan big spring cleanings or heavy gardening work. Relax! Remember that you have long wanted to go with your child to the zoo or take a boat ride on a hot day, just take a walk with your other half around Moscow, or go out with friends into nature. You will do all the difficult things that require a lot of emotional and physical stress after the vacation, but not immediately after it, but after two weeks, when you are already adapting to the work process. You will be surprised how easily you can cope with them, having already rested and gained strength.
2. Use the rules of time management at work. You do all the most necessary things in the first half of the day. Write a list of 5 things that need to be done today. A to-do list structures activities and prevents you from being distracted by trifles, by emotional nuances like “how tired I am” and “when will I finally have a vacation.” Take breaks from work in order to evaluate the results of what you have done and remember what else you planned to do. Try to finish work by the end of the working day and leave work on time (unless your company has an unspoken tradition of long working hours). By staying late at work and depriving yourself of evening rest, you can provoke emotional and physical fatigue, which will lead to a decrease in your productivity at work.
3. Try to get enough sleep. Of course, in the living conditions of a metropolis it is not always possible to get enough sleep. Sometimes the journey to and from work takes 2-3 hours. Try to review your evening schedule, for example, reduce your TV viewing. It's summer, be outside more, take a walk in the cool of the evening. Evening walks help to calm down emotionally, relax, and get ready for sleep.
4. If you have long promised yourself to run in the morning, do it! Any physical activity will tone you up and add positively colored emotions - they will help you cope with the situation of emotional burnout at work and decreased productivity.
5. Smile! When you wake up in the morning, smile at yourself, smile at your reflection in the mirror - unnoticed by yourself, you will leave the house in a great mood. This is how a person works when he experiences positive emotions - he smiles. This mechanism also works in the opposite direction - when you smile, you experience positive emotions. A simple way to cheer yourself up and improve not only your mood, but also your well-being. The mechanism of the positive influence of good emotions on the human body has long been known. Thus, a simple smile raises your emotional and physical tone.
6. Watch your posture. Especially in the workplace. Many people have a workstation at a computer. Watch yourself as you sit. The back is hunched, oxygen access to the lungs is limited. It’s no wonder that by the end of the working day you have a headache or feel extremely tired from the whole task. Imagine, you haven’t received the required amount of oxygen all day, so carbon dioxide has accumulated in your body, which makes you feel tired. I had a headache because my cervical vertebrae were compressed. A little control over your posture will allow you to avoid these troubles.
Try to follow these rules. There are very few of them, mastering them, you will not notice how time passes at work, you will not have time to think: “How many days are left before vacation?” or “Today is only Monday, when will it be Friday!” You won’t even notice that day “X” has arrived, your last working day, and the long-awaited vacation is ahead. And finally, I would like to advise you to follow one more golden rule - treat everything with a sense of humor.
Have a great holiday!
Tags: time management, velvet season, rules, summer, rest, vacation, psychology, before vacation
If you are an individual entrepreneur, you will not be paid for your vacation
Individual entrepreneurs manage their own time. They can rest for at least most of the year if they have earned it.
Employees who register as an individual entrepreneur and work under contracts with other companies, as if on staff, but as an individual entrepreneur, need to be careful. They are also not entitled to vacation days or paid sick days. In some cases, the employer can pay for the vacation of such people, for example, by making an act on additional provision of services, but this does not always happen.
Select a bank for individual entrepreneurs
Clothes – up to 90% of suitcase volume
Remember your last vacation and heavy bags filled with things “for any occasion”. As practice shows, in the suitcases of our compatriots, clothes take up almost the entire volume, but we are going on vacation, not to show off our wardrobe!
Make it a rule to pack several sets of underwear per person, shoes for the beach and walking, swimwear, clothes for walking during the day and on cool evenings. If you plan to attend cultural events, you will have to bring an evening dress or suit.
The hotel can provide you with a robe and disposable slippers, but you should also bring a tracksuit with a pair of socks. Naturally, you shouldn’t forget about personal hygiene products: it’s better to bring toothbrushes, creams, sunscreen and other cosmetics with you rather than buy them on the spot.
Hats, Panama hats, and caps are required if you plan to vacation in the south under the scorching rays of the sun. Believe me, sunstroke is not a “myth”, but a very real problem for those who overestimate their strength. Naturally, it’s worth taking sunglasses from home for all vacationers.
Towels, beach umbrellas, and inflatable rings for children are usually provided by the hotel administration, so you should clarify this point in advance so as not to take unnecessary accessories with you. If possible, take compact cooler bags with you. When folded, they do not take up much space, but they will bring great benefits: food, ice cream and drinks will remain cool even on the beach.
Bring your holidays to the office
Both in the literal and figurative sense: in the form of a “ban” as a treat for colleagues and endless stories about how you climbed a volcano, or went water skiing for the first time, or got lost with your husband in a shopping center and, taking advantage of the situation, spent all savings on the card. For all of the above, a lunch break is ideal, which can even be delicately extended on the occasion of your return from vacation...
Congratulations on your vacation
It’s hard for you today: First day back to work After your vacation, you went out. And you’re a little lazy... But your favorite job will quickly bring you to your senses. May the working spirit come to you quickly on this day!
So the vacation has flown by, Sweet days, Dozens of things are waiting for you, Everyone missed you very much. And let your memory preserve a carefree holiday, and let all your work quickly boil in your hands.
I know I didn’t really want to, but I have to. Congratulations on your return. Vacation is over and it's time to get back into action. I wish you quick progress and confident steps towards new successes. And let your every day begin with a smile, enthusiasm, a new dream and great luck.
More congratulations in prose →
Is this a holiday or not, I don’t even know, But I congratulate you on your return from vacation, We missed you without you, And now we are happy, So, we can safely classify this day as a holiday. We wish you to plunge headlong into your work, so that good luck comes after you from vacation.
Tanned arms, new hairstyle! Congratulations to all of you on your return from vacation. Don’t be sad and don’t be sad, the days have not passed in vain. Get to work, clear away the rubble. Life flies at work, And in the heat of your labors you won’t notice how Vacation will loom again.
It was so nice to relax, You don’t have to get up in the morning, You don’t have to make plans for your vacation, Now it’s nice to remember. But the hour has struck, it’s time to work, Even though you don’t feel like going to work, And worries appear, And again you want something for vacation. But don’t be sad and don’t be sad, enjoy the memories, go to work boldly and don’t lose your optimism.
Now your vacation is over, it’s time to work. Congratulations on your beautiful day and I shout to you: hurray. I hope you have accumulated strength, so jump straight into battle, let the dashing holiday enthusiasm not subside for a whole year.
Vacation, vacation, where are you going? It's gone like summer rain. And today you go to work rested. So it’s worth smiling and getting to work. And now you have to wait for the weekend to relax!
We know this is not an easy day, but everyone is very happy to see you. We were so looking forward to our vacation, we were completely exhausted. We wish you to apply your strength immediately to business. Those nerves that have been healed, try to preserve them.
We congratulate you on your return from vacation, Smiles bloom on your colleagues’ faces. We've been waiting for you, our favorite job, We had to work until we sweat. We were looking forward to the end of the vacation, your exit was wonderful and restored everyone’s spirits. The vacation gave me a reserve of health and strength. We wish that it would be enough for the whole year.
There was sea, sun and water, I want it to always be like this, to lie on the white sand, to ride on the high waves! There is an abundance of fresh juice and fruits, Two lilies grow in silence on the pond, Wherever the vacation is, it is wonderful, But so that your mind does not become clouded, You need to go to work, Somehow live in the rain and snow, To collect money for the vacation, We need to conquer the peaks!
Don't neglect sports
Banal advice at first glance, but it is sport that gives us the same positive emotions that we develop during vacation. That is, for your body, a workout in the gym or half an hour of swimming in the pool is the same as a mini-vacation. In addition, for those who are used to relaxing lazily and on a full stomach, sports activities will also help them return to their previous form as a lean and purposeful workaholic.
The first working day after vacation has arrived
A couple of days ago you were basking on the seashore or leafing through your favorite book in the evening languor, inhaling the clean rural air, and today you are horrified to realize that the first working day is about to “break out”, for which you are completely unprepared. How to get back into work mode without compromising your physical and mental health?
“Give the fountain a rest”
“If you have a fountain, shut it up and let the fountain rest,” said the wise, albeit fictional, Kozma Prutkov. Well, now we’ve had a rest, it’s time to get into a working mood - and forward to new victories and achievements! But that was not the case. I’m in a whiny mood, my nerves are on edge, and in general, I want to come to work just to write a second application for another vacation. “Congratulations,” you have post-vacation depression.
During vacation, a person simply splashes with endorphins: hormones of happiness that are responsible for a good mood and good spirits. But the closer the first working day is, the fewer happy hormones enter our blood, heated by the summer heat. As a result, the frequency of heart contractions and breathing changes, and the brain works in a different “rhythm”. As a result, in order for the body to readjust to a working mode, at least a week of “rest from rest” is necessary. Moreover, suddenly putting “tons” of work tasks on your fragile shoulders is simply dangerous to your health. Experienced psychologists and psychotherapists have a saying about this: “No one needs a vacation more than the one who has just returned from it.” So, before throwing your chest into the working embrasure, you need to properly prepare for the intense workdays.
“Please eat our treat!”
First, plan your vacation so that the last day falls in the middle of the week. Then, realizing that there are a couple of days left until the weekend, new work responsibilities are easier to accept. Having fluttered into your office in flowing, loose clothes (it will liberate you internally), do not try to immediately, plopping down in a chair, dive headlong into matters in which you have not yet “laid your horse”. Look around, find out the latest news (“Lyudka from the personnel has picked up a new boyfriend, and secretary Verochka has a reason to lean on yoghurts and fruits”). Present souvenirs that you bought at the resort for the occasion and show photographs, they can also be framed and placed on the table as a reminder of a wonderful vacation.
And if you spent your vacation at the dacha, have a tea party with homemade jam during your lunch break and share with your colleagues a new diet for depressed vacationers. Yes, yes, there is one. Post-vacation “rehabilitation” includes bananas, dark chocolate, buckwheat and oatmeal, and green onions. And also taking sun and salt baths, even if you have been “fried” and “salted” to your heart’s content on the seashore. But under no circumstances exhaust yourself with strict diets if you find a few extra centimeters at your waist. It’s better to devote a couple of hours to shopping - such walks will help take your mind off thoughts about food. Better yet, sign up for a swimming pool or fitness club. And find free time for outings into nature.
“I understand you perfectly!”
This is how, ideally, your boss can answer (or just think) when he sees your confusion on your first working days. A good manager will never put a burden of responsibility and a bunch of urgent work on the shoulders of an employee who is still suffering from the post-vacation blues. And the best ones also take into account the psychological characteristics of their employees: “Petr Sergeevich cannot sit idle with us, this is his job. And Marya Vasilievna is constantly in the clouds, let her get used to it in a couple of days.” And the most wonderful patron will want, on the occasion of the return of all employees from vacation, to organize a corporate event in the lap of nature. It will also relieve tension, and refreshed, refreshed employees can informally share new proposals and ideas for the development of precious production.
Don't get too hot!
After a vacation, 80 percent of employees have an irresistible desire to put their resignation letter on the boss’s desk. Having rashly written “I ask you to resign at your own request,” after a while they regret what they did. But the train has already left - who would want to take back such an unreliable employee? Don't exaggerate either. Be aware that after rest, people tend to exaggerate negative factors and falsely assess reality. Yes, it’s good to rest, but at work there are problems and rush jobs, but this is where we realize ourselves as specialists and receive rewards for our work. But a person whose vacation did not go well (this also happens) is not subject to such a momentary emotional outburst - he is subconsciously drawn to work, and he sets to work with double zeal.
Roman, ah, novel
Although the lack of pleasant memories of the holiday can also lead to depression. In order not to fall into her clutches, psychologists advise ladies, especially single ones... to have a holiday romance. At least to enjoy the “concentrated” feelings. A man and a woman, realizing that a week or two is “set” for all the love-carrots, will force events with enormous speed. This is a strong emotional shock that many people simply need in life. But when you return home, don’t expect far-reaching consequences: such relationships rarely develop into something more.
A week here, a week there
Have you noticed that the longer your vacation lasts, the more difficult it is to get into the rhythm of work? Therefore, now many employees themselves are asking to “split” the leave required by law into two parts - two weeks each. And scientists have already determined that the minimum vacation period during which a person can have a normal vacation is two weeks, and for a full vacation, three whole weeks. One of them will be spent adapting to a new climate, time zone and doing nothing. The second is directly for relaxation, the third is for post-vacation rehabilitation.
Good night!
When you enter the house after a tiring journey, do not rush to unpack your suitcases and put things in order in the refrigerator, sorting out spoiled food. Take a warm bath, drink mint tea and plunge into the bliss of your bed. And as you fall into a sweet sleep, start... planning your next vacation!
WHO ARE YOU AT WORK?
Psychologists have determined that your attitude towards vacation directly depends on how you feel about your work. Some of us can’t wait to go on vacation and count not only the days, but also the hours until the long-awaited vacation, while others perceive it (yes, there are those) as a useless break from what they love. So, who is who?
Practical Ox
“Work is not a wolf, it won’t run away into the forest” - this is the motto of practical oxen. People with such an attitude towards work have long decided for themselves that it exists only to make money. They don’t stress too much and don’t shovel through piles of additional tasks, focusing only on their own. Oxen are distinguished by a rational approach to business and in the last days before vacation they always tighten their “tails” so as not to return to them after the vacation, but to start earning capital again.
Disgruntled sloth
“I’m already too lazy to be lazy,” the sloths sigh as they stretch and again shift tasks that require urgent completion “to tomorrow.” For them, every working day is akin to punishment. They are not satisfied with either the boss or the team, and the volume of assigned work seems simply impossible. In the pre-vacation period, they can no longer think about anything other than vacation. Sometimes dissatisfied sloths need the help of a psychologist to get out of post-vacation depression.
Brave Tiger
Tigers are prone to competition and passion and view their activities only as a rapid ascent up the career ladder. And vacation - bye! - only a temporary break in achieving goals. And during it, you can conduct urgent negotiations from a sun lounger on the seashore. And the management will note, and competitors will not write off.
Creative monkey
Every day a creative monkey discovers something new, learns, makes grandiose plans not only for tomorrow, but also for years to come (no matter that many of them will not be realized). Even on vacation, she will think about what she can do when she goes back to work. The monkey may not be affected by post-vacation syndrome, unless, of course, on vacation he thinks that due to his lack of concentration (happens to everyone) he forgot about a bunch of unfulfilled tasks.
Nina Nadezhdina Based on materials
"My Jane"
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