By virtue of the law, workers are entitled to a sufficiently long rest period from one month to one and a half each year. But few employees are willing to be absent from the company for a long time, and not all managers agree to leave for such a long period.
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And since the norms of the Labor Code of the Russian Federation are provided specifically for creating favorable labor relations, the law provides the possibility of dividing vacation into several parts, of course, taking into account some nuances.
What it is?
The Labor Code provides for the provision of divided leave. So, in Art. 125 of the Labor Code of the Russian Federation we find a fairly detailed answer to our question.
Important! By mutual agreement between the employee and the employer, it is possible to divide the annual paid vacation into several parts. In this case, the shortest should be 14 days - this is the minimum.
This issue is resolved when drawing up a vacation schedule, or immediately when going on vacation.
Responsibility for violation of the norms of the Labor Code of the Russian Federation
Unscrupulous employers are subject to liability for violating labor laws. Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for sanctions in the form of a warning or a fine in the amount of:
- from 1000 to 5000 rubles - for the head of an organization and individual entrepreneur;
- from 30,000 to 50,000 - for an organization.
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In what cases can it be broken into parts?
Almost any annual leave is shared. The main thing is that its duration is more than 14 calendar days. By the way, keep in mind that too fractional division will not allow you to fully relax and gain strength. It is advisable to approach this procedure wisely. Read in more detail in Art. 125 of the Labor Code of the Russian Federation.
Can additional vacations be shared?
Is it possible to divide not only the next vacation, but also an additional one, and into what parts? If your work takes place under special conditions that provide for additional leave, then this division is carried out in the same way. The main thing is that the duration is over 28 calendar days. In this case, both the main and additional ones can be safely divided. Again, to analyze this issue, you can always refer to Art. 125 Labor Code of the Russian Federation.
Splitting study leave
Let's say that an employee provides a document from an educational institution, which indicates 80 days of rest. The question arises - is it really possible to share this vacation? Yes. The law does not prohibit the splitting of study leaves.
Splitting of additional leave without pay
To understand whether it is realistic to take a vacation at your own expense, you need to refer to Art. 128, art. 173, art. 174, art. 286 of the Labor Code of the Russian Federation.
Note! Taking such leave is allowed after drawing up a written application. Some organizations may also require a certificate containing objective reasons why you suddenly need a vacation at your own expense.
The list of those who are entitled to rest and who have every right to it can be found in Art. 128 of the Labor Code of the Russian Federation. As for the question of division - yes.
https://youtu.be/sNfHO3sc7V4
Form and sample application for annual paid leave
Every employee who is officially employed has the right to rest for some time. The specific procedure is established by law, but paid vacation is provided once a year.
In order to receive such leave, you must write an application in the prescribed form, which is approved by your superiors. At the same time, there are other forms of rest that can also be provided to the employee in agreement with management.
Also know your rights as prescribed in the Labor Code. Only by fulfilling such requirements can one hope for a positive decision from the boss regarding vacation.
The right of workers to rest according to the Labor Code
The right to rest for workers is stipulated in the Constitution of the Russian Federation, in Article 37. It is there that it is stated that a person can take paid leave once a year. Moreover, this right is guaranteed to any employee, regardless of where he works and what status the organization has.
All workers, including temporary ones, those working part-time and at home, can get time to rest. However, it cannot be limited or canceled. But at the same time, persons who work on behalf or under a contract.
In order to qualify for leave, you must first gain experience. Moreover, the procedure for calculating length of service is stipulated in the Labor Code of Russia, in Article 121. And amendments to the code regulate the periods that are included in the length of service required for annual leave.
Article 121. Calculation of length of service giving the right to annual paid leave
The list of such periods even includes the time of removal from the work process of a person who has not passed a medical examination due to circumstances beyond his control.
It is also proposed to include in the length of service the time when the employee did not work, but according to the documents, he retained his job.
This time can be considered the period of paid leave, holidays, weekends and other days.
The maximum duration of leave without pay was increased in the amendments to two weeks, but if this time is exceeded, it will not be included in the length of service. According to the old rules, days after a week of rest are not counted as length of service.
Procedure for provision
The right to vacation can be used after six months of working in the company without breaks. But by agreement, the employee may well receive the necessary rest before this time.
At the same time, the list of employees who are entitled to paid leave upon application before the expiration of six months is strictly regulated by Article 122 of the Code:
- women who rest before maternity or childbirth, as well as immediately after them;
- minor employees;
- people who adopted a child under three months of age;
- other employees who are prescribed in Federal laws.
Vacation lasts 28 days, and holidays are not taken into account.
But this is the minimum duration of vacation, which may increase in some cases:
- if the employee is a minor, in such cases the minimum vacation is 31 days;
- if the employee has a disability - at least 30 days;
- employees of child care institutions receive the right to leave for at least 42 days;
- education workers and teachers rest for at least 42-56 days;
- employees of the prosecutor's office (prosecutors and investigators) - minimum rest of 30 days.
When people work part-time, paid vacation is provided to them along with vacation at their main place of work. If at that time the employee has not yet worked for six months, then the rest is given in advance.
Vacation in the second and subsequent years is granted at any time, but in accordance with the vacation schedule.
It is prepared and approved no later than two weeks before the start of the new year.
The document indicates the details of the employees who will receive leave, as well as the positions in which they work, in which department, and the duration of the rest.
If vacation has not been given for two years in a row, this violates the procedure for granting vacation. If an employee has reasons that do not allow him to go on vacation this year, then the new time is calculated by agreement with him.
An employee can also be recalled from vacation, and the portion that was not used must be provided at any convenient time during this year or included in the next year's vacation.
But recall from vacation is not permitted in relation to:
Also, vacation may be extended in some cases.
Usually such situations arise:
- if an employee falls ill during the vacation period;
- if while on vacation the employee fulfilled an obligation to the state;
- other cases provided for by law or internal regulations of the company.
If the vacation was not paid on time, or the warning about the start of the vacation was given later than two weeks, you can transfer it to another period. It can also be postponed to the next year if the employee gives his consent.
At the beginning of the vacation, the employee receives his average earnings, and this is done no later than three days in advance. The amount of funds paid is subject to full taxation and payment of insurance premiums. Moreover, the amount of funds can be calculated based on the average daily earnings for the year.
Application form for annual paid leave
Sample application for annual paid leave
An application for leave is drawn up in the name of the director of the enterprise. The header of the document indicates the full name of the organization, the full name of the director, as well as the position of the employee and his data. Next, the title of the document is placed in capital letters in the center.
In the body of the application, you must indicate the type of leave; in our case, it will be annual paid leave.
After this, the number of calendar days and the period during which the person will rest is indicated.
The duration of the vacation is agreed upon in advance with management; the previously drawn up schedule can serve as a basis.
leave requests
In conclusion, the date of drawing up the application is indicated, and the employee’s signature is placed on the right. Once completed, the document is handed over to management, who puts their stamp, signature or resolution, thereby approving the applications and confirming the specific terms of the vacation.
When to compose
According to the laws of the Russian Federation, a statement will need to be written when an agreed absence from the workplace is expected. In this case, the paper will need to be written even when the person goes on annual leave, as well as maternity, educational or other leaves.
The function of the document is to be the basis for drawing up a vacation order. It is he who will be the legal reason for a person’s absence from work and guarantees the payment of the appropriate money.
Sometimes the company does not ask the employee to write a statement when the vacation is pre-agreed in the schedule.
HR specialists are skeptical about this, because inspections may complain about the lack of legal registration of the period.
Also, in such a case, vacation pay may be calculated incorrectly or paid at the wrong time.
https://www.youtube.com/watch?v=-0FXim0pojQ
Article 121 of the Labor Code states that an employee must write a vacation application to management no later than 2 weeks before it starts.
And you can write it:
- on a typewriter;
- manually - in blue, black or purple ink;
- by computer means.
But at the same time, any of the documents must be accompanied by the signature of the employee going on vacation.
Is there a standard form for 2020?
The question of a standard application form is important for enterprise personnel officers, as well as for accountants.
Currently, there are no specific instructions in regulatory documents regarding the application form.
And in this regard, the company may well come up with an internal application form, which will be approved using an internal order or directive.
From the moment the form is approved, it is the one you need to use when writing your application. Otherwise, management simply will not approve such a document.
To complete an application in accordance with established norms and rules, you can ask the secretary or person responsible for documents for a sample application for annual paid leave. It is worth noting that the sample has not changed since 2020, and if a person filled it out before, then this will not cause any difficulties next time.
You can also contact a HR specialist if something causes difficulties. He will be able to advise and clarify difficult points, after which writing an application will take a minimum amount of time.
Sample vacation order
How to register correctly
According to the rules established in Russian office work, all documents filled out by employees are drawn up according to a specific structure established by standards.
To apply, you will need to take an A4 sheet, then conditionally divide it into 4 equal parts and arrange the data as follows:
- In the upper right corner there is the header of the document, it includes information about the manager and his position. After this, the details of the employee who writes the application are written, as well as the division of the company to which he belongs.
- A little lower in the center the name of the document is written in capital characters.
- The body of the document is written on the red line. which includes a request for a specific type of leave.
- The application is certified by the signature of the employee.
- Below is the date of completion.
Applications for annual leave with continued pay are drawn up using the same principle.
The 2020 sample is no different from the previous ones, and it contains:
- the type of leave is indicated, it can be primary or additional;
- vacation time and date from which the vacation begins;
- In case of an unplanned vacation, the reason for the vacation must be written down.
In order to comply with the requirements of the Labor Code, vacation must be calculated and paid no later than three days before the start of the period.
If the application was submitted less than 4 days before the start, the accountants most likely will not have time to complete the settlement procedure.
And the employee must indicate that he is not against paying vacation pay later.
At your own expense
If an employee needs to leave work, but the planned leave is not coming soon, or has already been used, then he should write a statement suggesting unpaid leave.
In this case, the approximate structure is preserved, but the essence of the document becomes different:
- In terms of the name of the document and its header, the content remains unchanged.
- The text indicates a request for leave without pay, with the exact period of absence from work and the reason. Moreover, the standard “for family reasons” will not work in this case; you must indicate the exact reason.
- The application ends, as always, with the date of preparation and the signature of the employee.
Thus, a sample application for vacation at your own expense has a form similar to other applications for vacation, but differs in the content of the application itself.
Request for transfer or division into parts
By law, an employee has every right to divide his vacation into periods, one of which cannot be less than two weeks.
The employee must use up the full vacation by the end of the calendar year.
But at the same time, some part of the vacation may be exchanged for monetary compensation, which is decided personally with the employee.
https://youtu.be/Xl0D7_wyvEg
If production does not allow sending an employee on vacation, then it is necessary to pay him financial compensation for the entire period.
However, the law does not allow the replacement of vacation with money for two years in a row.
For workers who have not reached the age of majority, such a replacement cannot be carried out, even if the parties do not object.
It is also impossible to financially compensate employees of hazardous industries. After all, it is precisely these people who need rest most of all.
If a person gets sick during vacation, goes to military training, or another valid reason arises, such days must be added to the main vacation.
But the basis for this must be official documents, as well as notification to the employee. Extra days are paid according to standards, for example, the amount of sick leave pay will depend on the level of experience in the company.
If the vacation is postponed to another period, the average salary for compensation will be calculated again.
An application for vacation must be written a certain period before the start of the vacation, and you can use either a standard structure or an internal structure approved by the company, if there is one. In general, writing an application is quite easy; it is only important to rely on agreements with management and the vacation schedule.
Source: https://buhuchetpro.ru/obrazec-zajavlenija-na-ezhegodnyj-oplachivaemyj-otpusk/
Does the employer have the right to do this without the employee’s consent?
The employer can divide the vacation only with the consent of the other party - the employee. Moreover, the breakdown option must be written to the employee himself in the application. Management does not have the right to divide an employee’s vacation at their own request.
How can you take vacation in parts? (what parts can there be? How is this allowed to be done? Is it possible to take annual paid leave for 1-3 days?)
Let's say you split your vacation. One part must be at least 14 days. But the remaining time can be divided into a shorter period.
Important! According to Art. 125 of the Labor Code of the Russian Federation, with mutual agreement between the employee and the employer, annual paid leave can be divided.
The main thing to keep in mind is that it is mandatory - and this is not discussed! – the first part should be equal to 14 calendar days. As for the second part, you can divide it however you like. There are no clear boundaries in the legislation on this matter.
Vacation pay calculation
Staff must receive vacation pay no later than three days before they leave for vacation. In this case, the amount is calculated on the basis of the employee’s average monthly salary and the time during which he will rest in general (additionally, sick leaves issued for the vacation period and possible overtime in the event of early recall of a subordinate are taken into account).
Based on this, it follows that in order to calculate a salary, a citizen does not need to know into how many parts he can divide his vacation according to the law. After all, this number is fixed and depends only on the employee’s rate and the number of days he is on vacation. But the order of the day off does not affect this value at all.
https://youtu.be/yedKJeE3PXg
How to notify the manager of the intention to split the vacation and when to report it?
To notify management of your intention to share your vacation, you must draw up a written statement in free form (a sample can be downloaded below). In some cases, you may need a certificate or other document confirming this very need to share your vacation.
But you can inform your superiors about your intention both before starting to draw up a vacation schedule, and just before leaving for a well-deserved rest. Let's look at how to make a written statement below.
How to write an application?
There is no specific form for an application to divide vacation days into parts. Usually the document is written in free form. The statement might look something like this:
STATEMENT
I ask you to divide the annual paid leave for ___ year into parts and provide me with a part of the annual paid leave lasting ___ calendar days from dd.mm.yyyy. Unused part of vacation duration ___ k.d. please provide with dd.mm.yyyy.
The wording is approximate. You can add/remove some parts of the application. If your employer requires confirmation of the reason for dividing the vacation, indicate it right away.
How to apply
No later than two weeks before the start of the new year, the company draws up a vacation schedule. The employer approves this document taking into account the opinion of the staff and the production needs of the enterprise. It is not necessary to familiarize staff with this document, but some enterprises prefer to do this with a signature in order to avoid misunderstandings.
The division of rest must be agreed between the employee and the employer. This fact must be documented. Often employees write a corresponding statement addressed to the manager. A sample form is provided below.
We invite you to read: What documents are needed to sell an apartment in 2020 from the owner: what is needed to sell an apartment, documents for selling real estate
At least two weeks before the start of the vacation, the employer sends the employee a corresponding notice, where he must mark the acquaintance.
If an employee wants to be given an unscheduled break, he must write a corresponding application. In some cases, the manager may meet halfway and sign the statement.
The fact that the employee is on vacation must be reflected in the report card. For this, the code “OT” or “09” is used.
What might be the break between them?
Let us turn again to the Labor Code of the Russian Federation.
Attention! You can split your vacation into an unlimited number of parts. The law does not provide a clear rule about the length of the break between your rest.
So you can use them in agreement with the management. But remember: within a year.
Next year there will be a new holiday. Unused balance cannot be transferred.
Annual leave can be divided into several parts, provided that the duration of one...
Working women who have two or more children under the age of 15 or a disabled child are entitled to additional leave
The warmer it is outside, the more actively we begin to plan our vacation: travel company brochures, educational sites on the Internet, and friends’ stories about where they spent last summer are used. In order to go to a resort with a pure soul, we have to think through all the details: who will take our beloved dog or cat during the trip, who will pick up the mail and water the flowers.
And, of course, you need to calculate the family budget.
This is where a natural question arises: what kind of vacation pay should we expect? To find out how many days of paid leave are due to residents of Ukraine, FACTS was helped by the head of the department of labor regimes, standardization and professional classification of the Department for State Regulation of Wages and Working Conditions of the Ministry of Labor and Social Policy of Ukraine, Tatyana Stashkiv.
When can you take a vacation?
Our legislation left it to the employer to decide when a person will go on vacation. Typically, enterprises draw up a vacation schedule at the beginning of the year, which takes into account both the financial ability of the company to pay vacation pay and the production need for employees. And the employee must adhere to this schedule. Thus, if you want to take a vacation in July, but your vacation is scheduled for October and your boss does not agree to let you go earlier, then the law in this case is on his side.
https://youtu.be/j1o8T0wZc5w
Another important point: if a person has recently gotten a job, then he is entitled to full annual leave after six months of continuous work at the enterprise. If he wants to go on vacation earlier than six months, then the duration of the vacation is determined in proportion to the time worked. For example, a person has worked at a company for five months and wants to take a vacation. For a year of work, he is entitled to rest for 24 calendar days. And for five months - 10 calendar days. This is what he can count on in agreement with the management of the enterprise.
