What types of dissertations are there: we understand the structure and features

Additional leave for irregular working days. Art. 119 tk russian Federation

Personnel officer. Labor law for personnel officers", 2012, N 10 SPECIFIC CHARACTER OF SPECIAL CONDITIONS The article is devoted to the consideration of such a widely used concept in legislation as “special working conditions”. The author has made an attempt to distinguish between work with special working conditions and work with difficult, harmful and dangerous conditions, due to the fact that these two types of work activity are fundamentally different in their inherent characteristics.

Important

About difficult issues of terminology Russian labor legislation still uses certain terms, upon closer examination of which it is quite difficult to understand their meaning. One of the mysterious concepts discussed below is the so-called “special working conditions”.

Yes, Art. 146 of the Labor Code of the Russian Federation talks about remuneration for workers engaged in heavy work, work with harmful, dangerous and other special working conditions (emphasis added).

Special working conditions

In accordance with Article 18 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, No. 1 (Part 1), Art. 3; 2006, No. 27, Art. 2878) the Government of the Russian Federation decides: 1. To establish that the special nature of work is determined by working conditions in an environment unusual for humans: in underground and underwater conditions, in high mountains, when driving vehicles in air and water, on main railways and when performing other work in conditions of severe lack of time to take the necessary decisions, deviation from which leads to catastrophic consequences that go beyond personal risk and the need for immediate action in emergency situations.2.

Additional holidays - for whom, for what and how much?

Work in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work Subclause 6 of paragraph 1 of Article 27 “Reservation of the right to early assignment of a labor pension” of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” from 01/01/2014 to December 31, 2014 Clause 6 of Part 1 of Article 30 “Reservation of the right to early assignment of an insurance pension” of Federal Law of December 28, 2013 N 400-FZ “On insurance pensions” from 01.01.2015 Work in logging and rafting, including maintenance of machinery and equipment Subparagraph 7 of paragraph 1 of Article 27 “Reservation of the right to early assignment of a labor pension” of the Federal Law of December 17, 2001 N 173-FZ “On labor pensions in Russian Federation". Lists of industries, workshops, professions and positions in which work gives the right to additional paid leave for work with harmful and (or) dangerous working conditions, as well as the minimum duration of this leave and the conditions for its provision are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations (Article 117 of the Labor Code of the Russian Federation). Currently, there is a List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a reduced working day, approved by the resolution of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions from October 25, 1974 No. 298/P-22 (as amended and supplemented) (hereinafter referred to as the List).

Traveling nature of work: how to install it correctly?

Attached to the latter is a List of previously used names of professions and positions of railway transport and metro workers, work in which gives the right to pension provision under paragraph “e” of Art. 12 Law; - as drivers of trucks directly in the technological process in mines, mines, open-pit mines and ore quarries for the removal of coal, shale, ore, rock (clause “e” of Article 12 of the Law); - in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, search, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work (clause “e” of Article 12 of the Law). All managers, specialists and workers, regardless of the names of professions and positions, directly involved in field geological exploration and other work provided for in paragraph “e” of Art. have the right to a pension.

ImportantWho is entitled to additional leave? The law provides for certain categories that are entitled to this type of leave:

1. These are, first of all, those whose work involves dangerous and/or harmful conditions.
2. They also include those who have a special job.
3. Additional leave also applies to categories of workers with irregular working hours.

In addition, it is provided for:

• working in the Far North;
• traveling to these areas on a rotational basis;
• athletes;
• trainers;
• individual medical workers.

For teachers, for every 10 years of teaching without a break, special rest is provided. The duration of additional leave in this case can be up to one year. There are also additional holidays that are stimulating and not compensatory in nature.

About annual additional paid leave

The procedure for certification of workplaces based on working conditions is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 342n. Please note that the duration of additional annual leave may be more than seven days.

Info

This is possible if the employee’s profession or position is indicated in the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day (hereinafter referred to as the List). The duration of vacation in accordance with this list ranges from 6 to 36 working days.

How to apply this list is stated in the Instructions approved by the Resolution of the USSR State Committee for Labor, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20.

Determining the duration of annual leave

According to Art. 120 of the Labor Code of the Russian Federation, when calculating the total duration of annual paid leave, additional paid leaves are summed up with the annual main paid leave.

The duration of annual basic and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit.

To the employee according to the List

for hazardous working conditions, 12 working days of additional paid leave are awarded, which are added to the annual main paid leave of 28 calendar days. How to determine the duration of annual leave for a given employee?

The duration of annual paid leave in such cases should be calculated in accordance with the recommendations of Rostrud given in Letter dated 01.02.2002 N 625-BB. In particular, from the start date of vacation (for example, from November 11, 2013), the number of days of main vacation in calendar days (28 calendar days) is counted, and then the number of days of additional vacation in working days per six-day working week (for example, 12 working days) days), after which the date of the last day of vacation is determined (in our example it is 12/21/2013). Then the total vacation period (from November 11, 2013 to December 21, 2013) is converted into calendar days - 41 calendar days. This will be the total duration of annual paid leave.

Please note that non-working holidays falling during the period of annual basic or annual additional paid leave are not included in the number of calendar days of vacation.

Let us dwell on the calculation of the duration of additional leave for harmful and dangerous working conditions.

By virtue of clause 8 of the Instructions, full additional leave according to the List is provided to employees if they actually worked in production, in workshops, in professions and positions with hazardous working conditions for at least 11 months during the working year. If an employee has worked less than this period, leave is granted to him in proportion to the time he worked.

When calculating length of service, which gives the right to additional leave in proportion to the time worked, the number of full months of work in harmful or dangerous working conditions is determined by dividing the total number of days of work during the year by the average monthly number of working days. In this case, the balance of days that is less than half the average monthly number of working days is excluded from the calculation, and the balance of days that is half or more of the average monthly number of working days is rounded up to a full month (clause 10 of the Instructions).

For your information.
The time worked in harmful and dangerous working conditions counts only those days on which the employee was actually employed in these conditions for at least half of the working day.
Example

During the period from 02.02.2013 to 02.12.2013, the employee worked in hazardous working conditions for 152 days. What length of leave is he entitled to if, according to his profession, the List provides for 24 working days of additional leave?

We know that the employee worked in hazardous working conditions for 152 days.

Let's calculate the average monthly number of working days. To do this, divide the number of working days according to the employee’s schedule by the number of months: 208 workers. days / 10 months = 20.8 work. days

Let's calculate the number of months of work. To do this, divide the actual number of working days by the average monthly number of working days: 152 working days. days / 20.8 work. days = 7.3 months

The number of months of work is rounded to the nearest whole number. If the fractional part is less than 0.5, round down. If the fractional part is greater than or equal to 0.5, round up. In our case it turns out to be 7 months.

Let's determine additional leave for seven months of work on the basis that the employee is entitled to 24 working days of additional leave per year: 24 slaves. days / 12 months x 7 months = 14 workers days

Individual entrepreneurship

The Labor Code of the Russian Federation tells us about annual additional leave for employees with harmful and dangerous working conditions, and Art. 118 of the Labor Code of the Russian Federation - on additional leave for the special nature of the work. In our opinion, the concept of “special nature of work” here is synonymous with special working conditions.

Attention

It seems that the two indicated articles of the Labor Code bring some clarity to the distinction between harmful, heavy, dangerous work and work with special working conditions. For example, is the work of the carbon disulfide regeneration operator harmful? Of course: at the workplace of the specified subject there are factors that have an adverse effect on his body during the shift.

Additional contributions and vacation

For the entire duration of the vacation, payments are included in the contribution base. Payment is subject to contributions for both main and additional leave equally.

The exceptions are, again, those persons who were exposed to radiation at the Semipalatinsk test site and at the site of the Chernobyl disaster. Payments for them are not considered in labor relations.

Error 404

Compensations are monetary payments established to reimburse employees for costs associated with the performance of their labor or other duties provided for by federal law. Guarantees are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. Thus, Art. 14 of the Law regarding the recognition of annual additional leave as compensation contradicts the Labor Code of the Russian Federation, since leave is not a monetary payment, but is a continuous set of rest days provided to the employee. There is an obvious contradiction between the Law and the Labor Code of the Russian Federation. In this case, the Labor Code of the Russian Federation should be applied (Article 5 of the Labor Code of the Russian Federation). The provision of the above additional leave is a guarantee. Article 21 of the Labor Code of the Russian Federation recognizes the basic right of an employee to rest, provided by a number of means, including the provision of paid annual leave. Providing annual basic paid leave, and along with it the provision of annual additional paid leave, guarantees the employee’s right to rest. Thus, persons working part-time in the regions of the Far North and equivalent areas do not have the right to additional annual paid leave provided for in Art. 321 Labor Code of the Russian Federation. However, the employer has the right, by collective agreement or local regulations, to establish additional annual paid leave for the above-mentioned employees. With the entry into force of the Labor Code of the Russian Federation, the norm of Art.

CONDITIONS DETERMINING THE NATURE OF WORK IN AN EMPLOYMENT CONTRACT

The nature of the environment when carrying out professional activities is of great importance. Depending on its harmfulness, a set of privileges and benefits for workers in the workplace is determined. To consider the typology of labor factors, we suggest that you read this article.

Labor legislation defines classes of working conditions according to the degree of harmfulness and danger. This classification is divided into four classes and four subclasses. They look like this:

• Acceptable - in which the staff are provided with favorable working conditions. Employees have the opportunity to work without harm to health;
• Acceptable - professional activity is carried out without significant damage to life. During the rest period, the employee’s condition returns to normal;
• Harmful - negative factors of production activity can have a significant impact on the general condition of the body;
• Dangerous - the presence of such conditions in the workplace negatively affects the performance of personnel. The body's vital processes are not restored during rest days.

Subtypes of hazardous service conditions are as follows:

• Production activities in which worker illness increases and there is a risk of deterioration in health;
• Manifestation of the first symptoms of the development of diseases associated with the type of activity. At the same time, it is still possible to stop this process;
• The likelihood of developing occupational diseases increases;
• The threat of organ damage becomes more pronounced. Carrying out duties becomes difficult or stops.

We invite you to familiarize yourself with the features of shift work under Article 103 of the Labor Code of the Russian Federation

Russian legislation does not provide a specific definition of this term. The concept of special working conditions is collective. It implies types of harmful, dangerous, complex work in which a person risks his health.

In accordance with the provisions of the law, the concept of safe working conditions is defined. It is understood as working conditions in the workplace that comply with legal standards and the threat to the ability to work and health of workers is minimized.

To ensure occupational safety and health, a list of mandatory rules has been developed. The employer acts as an authorized person.

The law provides for the right of workers in hazardous work places to receive additional payment for unfavorable working conditions. There are some features of this process:

• Detailed information regarding additional payments is noted in documents such as: employment agreement, internal charter of the enterprise and other acts;
• The law states that the minimum premium for harmful factors in service should not be less than four percent of piecework pay. In addition, when calculating the amount of additional payment, the class of conditions of the workplace and the duration of activity in the workplace are taken into account;
• The employer decides to increase payments based on the results of a special assessment of working conditions. There must be a legal basis for adding funds;
• Management has the right to increase the percentage of additional payment;
• Refusal to provide bonuses without significant reasons is contrary to the law.

Employees performing their professional duties have the right to claim privileges due to the complexity and danger of the service. One of these benefits is additional vacation time. Recent changes to the Labor Code of the Russian Federation have determined new rules for obtaining it. They are as follows:

• An extraordinary rest period can now be obtained solely on the basis of a special assessment of workplace factors. It is guaranteed to employees of subclasses 2,3,4 of the developed typology;
• The minimum duration of leave is seven days. The employer may, if desired, increase the period of rest;
• It is prohibited to replace the minimum vacation period with monetary compensation. The exception is longer holidays. Such a possibility of exchange may occur if it is noted in the internal documents of the enterprise;
• The provided rest time is paid for by the employer;
• Persons who work in industries that are unfavorable for health during the seasons also have the right to receive unscheduled time off. The number of days off is calculated based on the days worked;
• You can receive extraordinary days off in full if the employee has worked without a break for eleven months;
• If holidays are included during additional leave, they are not included in the total duration of time off.

In view of the reform of the presented issue of labor relations, the assessment of factors in the working environment has become of great importance. In accordance with its results, it is determined to whom and what benefits will be provided. The law establishes the following list of guaranteed benefits:

• Shortened working week. The number of hours should not be higher than 36;
• Additional vacation. This period of time is subject to payment. More details can be found above;
• The wages of persons involved in this area are paid at an increased rate. In addition, such representatives are provided with compensation payments and an additional payment to their piecework salary. The employer determines the specific amount of the allowance. It should not contradict legal norms;
• Regular medical examinations;
• Providing workers with special protective equipment. This may be a set of clothing, tools, materials and other sanitary and hygienic preparations;
• Providing food and drink;
• Premature retirement, as well as additional payment to pension payments.

List of representatives who are entitled to benefits and guarantees

In order to correctly draw up an employment contract and specify working conditions in the workplace, you need to familiarize yourself with the design features.

• The conditions specified in the contract must not contradict the law;
• It is required to notify the employee about harmful factors in the working environment;
• Specify the rights and responsibilities of the employee and manager;
• Note the legally guaranteed benefits and privileges intended for the candidate for the position in accordance with the specifics of the job;
• Indicate the service schedule, as well as the number and duration of breaks during the working day;
• It is important to clarify the duration of annual leave, as well as unscheduled time off (if such is provided for by the classification of working conditions);
• Indicate the salary amount and probable salary increments;
• Indicate the types of insurance that will be provided to the employee in the workplace.

For a more detailed acquaintance with the principles of registration of labor in hazardous production, consider the writing example.

Thus, given the ambiguity of the legislator’s position in determining the types of work, the conclusion suggests itself that the worker and the employer must decide for themselves what nature of the work to establish in the contract. Of course, taking into account the above acts.

In addition, the conditions defining the nature of the work must necessarily include an employment contract. This does not mean that if the conditions are not specified, then such an agreement will not be considered concluded. However, in the event of an inspection, the employing company will face fines for violating labor laws. The director may even be disqualified for this.

In paragraph 8, part 2, article 57 of the Labor Code of the Russian Federation, among the mandatory conditions, a condition is named that determines, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of the work). It should be noted that the previous version of Article 57 of the Labor Code of the Russian Federation did not provide for such a condition either as an essential or as an additional condition of the employment contract.

The above types of work correspond to conditions that provide for the provision of certain guarantees and compensation, in particular those provided for in Art. 168.1 Labor Code of the Russian Federation. According to its provisions, employees whose permanent work is carried out on the road or have a traveling nature, as well as employees working in the field or participating in expeditionary work, are reimbursed by the employer for travel expenses associated with business trips;

1. The work has a traveling nature.
2. Business trips are carried out in St. Petersburg and the Leningrad region.
3. If the trip is carried out outside of St. Petersburg and the Leningrad region, it will be considered a business trip.
4. Reimbursement of expenses is carried out upon presentation of a travel document, application and documents confirming expenses.

We suggest you familiarize yourself with How is the net profit rate calculated (nuances)? || Acceptable profit level

Another difference is the fact that the workplace is almost always located outside populated areas. Traveling work is usually carried out in cities and villages. Field conditions also include the construction of roads, electrical networks, gas and pipelines.

Thus, according to the leadership of the Russian Ministry of Emergency Situations, the traveling nature of work is the implementation of regular official trips within the service territory (areas) with the possibility of daily return to the place of residence (clause 2 of the Instructions on the organization of business trips for military personnel of the civil defense forces and employees of the state fire service in the system of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief, approved by Order of the Ministry of Emergency Situations of the Russian Federation dated January 10, 2008 No. 3).

Please note that the definitions of the concepts of “traveling work” and “mobile nature of work” given in clauses 1 and 2 of the Regulations have been used in judicial practice: the court indicated that the mobile nature of work is a mode of work with frequent relocation of the organization (movement of workers ) or isolation from permanent place of residence, when the employee is forced to travel to his place of work and at the same time is not able to return to his place of permanent residence every day;

traveling nature of work - work at facilities located at a considerable distance from the location of the organization, in connection with trips during non-working hours from the location of the organization (assembly point) to the place of work at the facility and back, occurs when the employee, due to the nature of his activity, is forced spend most of their working time on the road (determined by the Sverdlovsk Regional Court dated November 1, 2011 No. 33-15672/2011).

Special nature of the work list of specialties

If funding comes from the budget of a constituent entity of the Russian Federation, then the procedure is regulated by the law of the constituent entity, and if from the local budget, then by the compulsory medical insurance act. Additional leave for irregular working days may have a maximum duration. At least, this normative norm is contained in paragraph 8 of the Rules “On Regular and Additional Leaves” of 1930, where the period of this type of leave does not exceed twelve working days. And if we also take into account the article of the Labor Code, which establishes the longest duration of additional leave (fourteen calendar days), then it is clear that it cannot be longer.

In addition, when determining the duration of this leave, it is necessary to take into account the general frequency of involving the employee in his work duties. In rare cases, the vacation will also be short.

The duration of additional leave for the special nature of work for employees specified in the List, employed in work with harmful and (or) dangerous working conditions, is established taking into account these conditions (except for employees engaged in underground mining).5. Payment of annual additional paid leave for the special nature of the work, its transfer, replacement of leave with monetary compensation, including upon dismissal, is carried out in a manner similar to that established by the Labor Code of the Russian Federation for annual additional paid leave for work with harmful and (or:) hazardous and working conditions.

Chairman of the Government of the Russian Federation M.

How to correctly determine the nature of your employees' work?

The following are taken into account when calculating annual leave:

• basic salary;
• allowances, additional payments, payment for work on days off;
• payment for past holidays;
• disability payment.

But the following will not be considered:

• one-time payments;
• payments for services provided that were not related to work activities.

Thus, instead of basic and additional leave, an employee can receive monetary compensation. In this case, it must be paid in no less than 24 days (calendar).

The concept of an employment contract consists of several parts. One of them is working conditions. It happens that the work process dictates the implementation of numerous business trips. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! Content:

• general information
• Traveling
• On my way
• Movable
• Reimbursement of expenses
• Decor
• Conclusion

The article will discuss the nature of work in an employment contract and its types.

Fedorets considered working conditions that differ from “normal” ones.

“Normal” (also without a definition, but according to established practice) are considered working conditions without any “peculiarities”: on a day shift, within an 8-hour working day, a 40-hour working week, not in remote areas, not in special climatic conditions, in compliance with sanitary standards. Anything that differs from the “norm” can be considered “special”.

At the same time, it is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of 18, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal) (Part 3 of Article 126 of the Labor Code of the Russian Federation).

AttentionEmployers, taking into account their production and financial capabilities, can independently establish additional leaves for employees. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization. Let's consider such vacations in more detail. Additional leave for work with harmful or dangerous working conditions Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: - in underground mining and open-pit mining in open pits and quarries; — in areas of radioactive contamination; - in other jobs related to the adverse effects on human health of harmful physical, chemical, biological and other factors.

The Labor Code of the Russian Federation provides annual additional paid leave to employees: - employed in work with harmful and (or) dangerous working conditions; - having a special nature of work; - with irregular working hours; — working in the Far North and equivalent areas; - in other cases provided for by the Labor Code of the Russian Federation and other federal laws. Let's focus on the last point. Based on Art. 350 of the Labor Code of the Russian Federation, certain categories of medical workers may be granted additional annual paid leave, the duration of which is established by the Government of the Russian Federation. In addition, additional leave is granted to those working in representative offices of the Russian Federation abroad in countries with special (including climatic) conditions (Article 339 of the Labor Code of the Russian Federation), as well as to athletes and coaches (Article 348.10 of the Labor Code of the Russian Federation).

But if in some places legal acts use the unifying concept of “special working conditions”, then in other documents or even in other articles of one document a distinction is made between special conditions and harmful (hazardous) working conditions. Let's take the same Labor Code. Article 117 contains a provision on additional leave for employees with harmful and dangerous working conditions, and Article 118 of the Labor Code of the Russian Federation also on additional leave, but for the special nature of the work and, moreover, with reference to other legislative acts that should determine this special nature. What labor features must be observed when working in hot and cold weather? Working conditions are considered harmful or dangerous if the employee is exposed to harmful or dangerous production factors.

Lists of such works are established by separate regulations. Additional leave for irregular working days For a general understanding of the issue, let’s first understand what an irregular working day is. This is a special regime according to which employees are involved, by order of management, in performing their functions outside of established working hours. The peculiarity of this mode is that the nature of the work implies the impossibility of performing all of one’s functions within working hours.

Info A special agreement or local act provides a list of positions that have this working mode. This document is adopted taking into account the opinion of the trade union, if any. The employment contract with the employee must also contain information about this regime, since additional leave for irregular working days relates to the work and rest regime.

Note! Employees working in harmful or dangerous working conditions have the right to additional paid leave, regardless of whether the work they perform (profession, position) is included in the List (Decision of the Constitutional Court of the Russian Federation dated May 28, 2013, Determination of the Constitutional Court of the Russian Federation dated February 7, 2013 N 135 -ABOUT). If the duration of vacation according to the List is greater than that provided for by Resolution No. 870, when determining the specific duration of vacation, the List should be used as a guide. This was indicated by the Supreme Court in its Decision dated January 14, 2013 N AKPI12-1570. Additional leave for the special nature of the work Article 118 of the Labor Code of the Russian Federation determines that certain categories of employees whose work is related to the specific nature of the work are granted annual additional paid leave. However, the Labor Code does not explain what nature of work is considered special.

For example, leave for irregular working hours can also be provided in advance, since its duration does not depend on the length of time worked in the working year under irregular working hours. But for harmful working conditions, additional leave in full is provided only if the employee actually worked in such conditions for at least 11 months in the working year. Note! Part-time workers, as well as persons for whom this work is their main job, have the right to additional leave.

They are provided to them on a general basis. The legislator does not specify whether other types of additional leave can be provided in advance. We believe that if such leave is not related to work in harmful and dangerous conditions, then it can also be provided in advance.

How to determine the duration of annual leave for a given employee? The duration of annual paid leave in such cases should be calculated in accordance with the recommendations of Rostrud given in Letter dated 01.02.2002 N 625-BB. In particular, from the start date of vacation (for example, from November 11, 2013), the number of days of main vacation in calendar days (28 calendar days) is counted, and then the number of days of additional vacation in working days per six-day working week (for example, 12 working days) days), after which the date of the last day of vacation is determined (in our example it is 12/21/2013). Then the total vacation period (from November 11, 2013 to December 21, 2013) is converted into calendar days - 41 calendar days. This will be the total duration of annual paid leave.

The special nature of the work; list of specialties of the Republic of Belarus

The list is applied in the manner determined by the Instruction on the procedure for applying the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 /P-20 (as amended) (hereinafter referred to as the Instructions). It is necessary to pay attention to the fact that the List provides for the provision of additional leave in working days. How to convert the number of working days to calendar days? In this case, it is necessary to be guided by the letter of the Ministry of Labor of the Russian Federation dated February 1, 2002 No. 625-ВВ, which shows an example of the method of converting working days of vacation to calendar days.

The right to additional leave for this category of employees

You should know that the involvement of an employee in work duties outside of working hours must be reflected in the relevant documents. That is, if necessary, a corresponding order is issued. In practice, it often happens that when the order has not been formalized, employees are denied additional leave. However, both the number of working days in a month and actual overtime do not deprive the employee of the right to receive additional leave if this work schedule was initially provided for.