The length of service for annual additional leave granted for work under harmful and/or dangerous working conditions is determined according to the Labor Code based on the actual time worked in harmful and/or dangerous working conditions (Articles 116, 121 of the Labor Code of the Russian Federation). The duration of such leave can be at least 7 calendar days per working year and is established by an industry agreement, collective agreement or local regulation (Articles 117, 219 of the Labor Code of the Russian Federation). The condition for granting leave for harm must be specified in the employment contract with the employee (Article 57 of the Labor Code of the Russian Federation).
Those employees who have worked in harmful and/or dangerous working conditions for at least 11 months during the working year are entitled to full additional leave. With less length of service, the duration of leave is determined in proportion to the time worked (clause 8.9 of the Instructions, approved by the Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20, hereinafter referred to as the Instructions).
For what period is leave granted and from what day is it calculated?
In accordance with Art. 122 of the Labor Code of the Russian Federation, leave is granted to an employee for the past working year. This is 12 months, counting from the date of hire.
If an employee has worked for a whole year and has not been on vacation, then he simply must receive vacation for this year.
note
The legislation provides for monetary compensation for unused vacation in two cases: upon dismissal of an employee and if the vacation exceeds 28 calendar days. Read more in this article
If an employee has not taken a vacation for several years, he must be provided with unused vacation for each working year. They should be included in the vacation schedule, warning the employee against signature at least 2 weeks in advance. The employee will be required to take a vacation (Article 123 of the Labor Code of the Russian Federation).
Important! Art. 124 of the Labor Code of the Russian Federation prohibits not allowing an employee to go on vacation for 2 years in a row. Therefore, it is worth providing unused vacations in chronological order, although there are no clear instructions on this matter.
The employee also has the right to ask to be given some part of the unused vacation at a time that is not provided for in the schedule. If the management agrees, they will release the employee; he has such rights.
How to calculate vacation days in 2020 (example)
Example
Example
Example
Example
Let us give an example of calculating the days of the billing period for vacation in 2020, taking into account the subtleties and nuances outlined above.
Let’s say an employee got a job at the company on June 17, 2017.
During his work period he:
- was ill from 12/04/2017 to 12/12/2017 and from 02/12/2018 to 02/19/2018;
- took vacation at his own expense from 04/07/2018 to 04/13/2018 and from 08/24/2018 to 09/13/2018;
- was on paid leave from 06/02/2018 to 06/22/2018, from 03/30/2019 to 04/19/2019, from 08/29/2019 to 09/11/2019.
On January 15, 2020, he decided to quit, having previously taken off all the days that he did not use during his work.
See also “How to properly arrange leave followed by dismissal?”
Let's see how many days of paid vacation he has the right to count on if the company has a standard vacation duration of 28 days.
We suggest you read: What to do if your ex-wife prevents you from communicating with your child
The total work experience from 06/17/2017 to 01/15/2020 will be 2 years 6 months and 29 days.
We do not touch periods of illness and vacation. They are taken into account in the length of service that gives the right to leave, as non-working periods during which the employee’s place of work is retained.
Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:
- for the working year from 06/17/2017 to 06/16/2018 - 7 days (from 04/07/2018 to 04/13/2018);
- for the working year from 06/17/2018 to 06/16/2019 - 21 days (from 08/24/2018 to 09/13/2018).
The second period does not fit within the 14-day limit, which means that 7 days of excess will have to be excluded from the length of service.
Thus, the vacation period is 2 years 6 months and 22 days. Round up to full months, discarding 7 days, and we get 2 years and 7 months.
This is 56 days for 2 full years and another 17 days for an incomplete year of work (28 days / 12 months × 7 months = 16.33 days. Rounding was done according to the rules adopted by the organization (in accordance with the recommendations set out in the letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12 .2005 No. 4334-17) in favor of the employee. Total 73 days.
During his work, the employee took leave three times:
- From 06/02/2018 to 06/22/2018. This period coincided with a non-working holiday on June 12, so not 21, but 20 days of rest were used.
- From 03/30/2019 to 04/19/2019. There were no holidays here, and the vacation was 21 days.
- From 08/29/2019 to 09/11/2019. There were no holidays here either, and the vacation was 14 days.
A total of 18 days remain unused (73 – 20 – 21 – 14). Their employee can take time off immediately before dismissal - from December 21, 2019 to January 15, 2020 (including New Year holidays). So, the calculation of vacation in 2020 - an example with a detailed description, has been made.
Now let’s calculate the amount of vacation pay. First, you need to determine your average daily earnings.
The calculation of average daily earnings is carried out for the billing period preceding the month of going on vacation, equal to 12 months.
Earnings for the billing period do not include the following types of payments (clause 3 of Regulation No. 922):
- financial assistance and other social benefits;
- compensation for travel, food, utility bills;
- payment for training, recreation;
- amounts accrued for periods excluded from the calculation of average earnings.
SDZ = ZP / 12 / 29.3;
ZP - earnings for the billing period, including all payments, except those specified in clause 3 of Regulation No. 922;
29.3 - the average number of days in a month (this value is used only when calculating vacation pay; in other cases, other SDZ calculations apply).
NOTE! Earnings for the billing period should include bonuses accrued for this period of time, including those related to other periods. However, accounting for vacation bonuses has a number of features. For more information about taking into account bonuses when calculating vacation pay, read the article “Are bonuses taken into account when calculating vacation pay?”
SDZ = ZP / (29.3 × MP CD),
MP - fully worked months;
CD - calendar days in an incomplete month.
KD = 29.3 / KDo × KDr,
KDO - calendar days in an incompletely worked month;
KDr - calendar days in the same month that fall during work.
Example
SDZ = 253,000 / (29.3 × 7 (29.3 / 30 × 20)) = 253,000 / (29.3 × 7 19.53) = 1,126.30 rubles.
For more information on how to go on another vacation and quit immediately after it, read the material “How to properly arrange a vacation with subsequent dismissal?”
SDZ = O / 29.3;
O - official salary or tariff rate (clause 8 of regulation No. 922).
OTP = SDZ × CHDO,
Example
Premiums that form part of the income paid are included in the calculation in a special manner, depending on:
- from the period with which their accrual is associated;
- grounds for accrual;
- the fact of accounting for the time of actual work when calculating.
These circumstances determine the possibility of accounting for bonuses accrued in the billing period in income:
- monthly - in full, but only on one of several identical bases for calculation;
- accrued for a longer period - in full in relation to each of the indicators, if the period of its accrual is fully included in the calculation period, and with a calculation that provides for the allocation of a part corresponding to the number of months of the calculation period, if the latter turns out to be less than the period for calculating the bonus;
- annual - in full, if their accrual is related to the year preceding the year of calculation of vacation pay;
- when calculating which, work time was taken into account - in full, but recalculated in proportion to the time worked in the billing period, if such consideration was not made when calculating the bonus.
We invite you to read: Non-working days and holidays in May
And when calculating vacation pay, you need to take into account the increase in salaries in the organization. In this case, vacation pay is calculated taking into account the increasing coefficient.
NOTE! Recalculation of vacation pay, taking into account the increasing factor, is carried out only if the salary has increased simultaneously for all employees of the enterprise, department or branch (clause 16 of Regulation No. 922).
SDZ = ZP / DS,
DS is the number of working days on a six-day basis.
OTP = SDZ × CHDOr,
CHDOr - the number of days of vacation granted in working days.
For each month worked, conscripts are entitled to 2 days of vacation (Article 295 of the Labor Code of the Russian Federation).
Example
Painter P.V. Soldatov was accepted into the organization for the period from 03/01/2020 to 04/08/2020.
According to the application, he was granted leave for 2 days - April 9 and 10 - with further dismissal. The employee’s salary under the contract was 37,000 rubles.
39 (total days) – 6 (Sundays) – 1 (March 8 holiday) = 32 days.
SDZ = 37,000 / 32 = 1,156.25 rubles.
OTP = 1,156.25 × 2 = 2,312.50 rubles.
Duration of annual paid leave
Part 1 art. 115 of the Labor Code of the Russian Federation gives each employee the right to take annual paid leave lasting 28 calendar days . Its duration increases for the following categories of workers:
- employed in hazardous and hazardous industries;
- minors;
- disabled people;
- having irregular working hours.
Employees also receive additional days of rest for periods of business travel, temporary disability, or passing a test at a university.
How is it calculated for those who are entitled to additional leave?
In most cases, the duration of the main vacation is 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation). Employees earn 28/12 = 2.33 vacation days for each month.
Some categories of workers are also provided with additional leave for working in special conditions—harmful, dangerous, or with irregular working hours. All this is fixed in the employment contract.
There are also some employees (teachers, doctors, researchers) whose main vacation lasts not 28 days, but 36, 42, 48 or 56.
In such cases, you need to add up all the days of the main and additional vacations, and then calculate the number of vacation days that are earned in 1 month.
How to apply
To go on temporary vacation, first of all, you need to determine specific dates. In most cases, they must be agreed upon with management in advance. You must write an application 14 days in advance and submit it to the HR department. Here, authorized employees must write an order addressed to the employee.
Since many people prefer to relax in the summer, companies usually create a vacation schedule, and each employee plans their free time based on it. Having a schedule has its benefits not only for company management, but also for employees. After all, in this case the likelihood of labor disputes is reduced. There is no need to discuss dates with management, there is no need to seek a compromise. In this case, the employee is confident that it is during this period of time that he will definitely be able to go on temporary leave. If there is a schedule, the manager is obliged to inform each employee about the approaching vacation date two weeks before it. The notification must be in writing. If the employer has not done this, the employee has every right to reschedule the date to any time convenient for him.
Labor Code of the Russian Federation - vacation after six months of work
This is an employee's right, but it should always be discussed with the employer. It should be noted that the application is written in free form and in handwritten form.
Although many employers allow the text of the application to be typed on a computer and signed.
The submitted sample is correctly formatted and complies with the regulations on office work.
This is important to know: Application for non-vacation leave: sample 2020
Practical example of calculation using numbers
The main vacation lasts 28 calendar days. According to the Labor Code of the Russian Federation, an employee is given another 3 days to the vacation for an irregular working day (this is the minimum number). The number of vacation days per month of work will be: (28+3)/12 = 2.58 vacation days.
Almost always this is a number with a fraction. Only seasonal workers and those who work under employment contracts concluded for a period of less than 2 months are paid compensation at the rate of: 2 working days for 1 month of work (Article 291 and Article 295 of the Labor Code of the Russian Federation).
A representative of the Russian Ministry of Labor will tell you how many vacation days are accumulated in a month in the video below:
How much?
The Labor Code establishes a minimum duration of 28 calendar days.
Important! 28 days of vacation time are due for each year worked at work.
Moreover, the working year is taken minus the following periods:
- absenteeism;
- inadmissibility to work due to the fault of the employee;
- child care time up to 3 years;
- leave without pay in excess of two weeks.
To calculate how many vacation days are due for each month worked, you need to use a simple formula.
Vacation for 1 month = Total duration for the year / 12 months.
That is, the annual duration is divided by the number of months in the year.
In most cases, for employees who do not belong to special categories with an increased length of vacation time, they have the right to count on 2.33 days of rest per month (28/12).
It is this rounded number that is used by the personnel specialist when calculating the required number of vacation days at a specific point in time.
An employee does not always request leave clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the time worked, and for this the number of vacation time per month will be useful.
This indicator is also useful when calculating compensation upon dismissal, when the vacation period in months is determined, which is then multiplied by the required number of vacation days per month. As a result, the total duration of vacation time for the entire period is determined.
Then it is enough to subtract the number of days already used, and the result is the duration for which you need to pay monetary compensation.
An example of using the indicator 2.33
The employee was hired on January 10, 2020, and will go on annual leave from September 1, 2019. How many days of vacation should he be provided and paid for?
- The total length of service giving the right to paid rest is established: 7 months. and 23 d. 23 are rounded up to a full month, for a total of 8 months of experience.
- The number of allotted rest days is calculated = 8 * 2.33 = 18.64.
- Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation duration.
For an incomplete monthly period
With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are due, or no vacation is provided at all. There can be no other cases.
This is important to know: Can a father go on maternity leave to care for a child?
If an employee worked less than 15 days in a month, then this period is not the basis for assigning vacation time.
If 15 or more hours are worked, then it is recognized as a full month and is compensated by 2.33 days of rest.
This point is usually interesting when an employee is dismissed, when it is necessary to calculate compensation for unused time, as well as when vacation is taken for an incompletely worked year.
The employee is leaving on February 7, 2020. Vacation experience is 2 years, 4 months and 16 days. During work, 42 days of rest were used. It is necessary to establish for what period compensation must be paid upon dismissal.
- Vacation experience is calculated in full months (16 days are taken as a month, since more than half of it has been worked), the total length of service is 29 m.
- The allotted vacation time for this period is calculated: 29 * 2.33 = 67.57.
- The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be calculated.
Who is entitled to a longer rest?
Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter by dividing the annual duration, taking into account the main and additional components, by 12.
The following persons may be included in this category:
- minors;
- disabled people;
- doctors;
- teachers;
- police officers;
- judges;
- working in dangerous and harmful conditions;
- civil servants;
- workers with irregular work schedules, as well as a number of others.
How is it calculated if several months and less than a month have been worked?
Let's look at how vacation is calculated for an incomplete month worked if the employee worked for the company from 09/01/2016 to 05/05/2017. This is 8 full months (09/01/2016 - 04/31/2017) plus 5 days. If an incomplete part of a month is greater than or equal to 15 days, then it is rounded up to 1 month. If less, it is discarded. 5 days from our example are not taken into account; it will be considered that the employee worked for 8 months.
The number of vacation days is determined by the formula: the number of days counted towards vacation for each month worked x the number of months worked.
In the example under consideration, the result will be: 2.33 x 8 = 18.64 days.
Calculation of vacation for each month worked
The subsequent calculation of vacation seems quite simple, but there are a couple of small pitfalls related to the actual time worked. To determine the number of months during which an employee worked for the benefit of the company, a number of points should be taken into account:
- Determination of the period subject to working for less than a full month . In this case, the rounding rule applies. If an employee leaves a position after working less than 15 days of the current period, then the month is not counted towards the length of service. Accordingly, if the number of days worked is more than 15, then this month is taken into account when calculating the length of service.
- Periods of temporary disability caused by the illness of the employee himself are included in the vacation base . But sick leaves issued to care for a child or relative are the basis for deducting days from the actual vacation period.
- Vacations at your own expense . If the employee took less than 14 days at his own expense, then these days are included in the calculation base. If the rest period exceeds 14, then such leave is not included in the length of service for calculation.
- Days of maternity leave . So-called maternity leave in everyday life consists of two legally approved types of rest: for pregnancy and childbirth - included in the period for determining the duration of leave; for caring for a child until he reaches a certain age (one and a half or three years) are not included in the calculation base.
Having determined the length of service actually worked by the employee, we multiply the result by 2.33 and obtain the value of the rest period required by the employee under labor law.
Currently, it is possible to calculate the length of the vacation period using online calculator services for HR officers and accountants. Automation of the process greatly simplifies the procedure. Nevertheless, the importance of the order in which the basic units necessary for the final result is determined remains invariably relevant.
This is important to know: What percentage of the salary is vacation pay?
