How many days of additional leave are required in hazardous industries?

Data for counting

Days

The employee is required to take additional leave for harm along with the main one, however, the accounting will show the main one first and the additional one the next day after its end. Despite the fact that in the Labor Code of the Russian Federation, Art. 120 states that all main and additional leaves must be paid in calendar days; in calculating additional leave for harmful activities, some deviations from this rule of law are possible (which professions are entitled to such leave?).

How to count the number of days? To calculate the days that must be compensated to an employee for leave associated with dangerous and harmful work, the following data must be taken into account:

1. The period from which the employee has been engaged in work with harmful and dangerous working conditions. This is especially important if this indicator is less than 11 calendar months.
2. Actually waste outputs from hazardous production. The period of incapacity for work, business trips, days of blood donation, other distractions, and absences are not taken into account.
3. Temporary transfer to other jobs within the last 12 months.
4. Number of scheduled working days for the last year of work.
5. The number of days of sick leave that must be accrued to an employee per year for full-time employment.

Compensation amounts

Calculating the amount of additional leave for harmful and dangerous working conditions is slightly different from paying for annual vacation.

Reference. However, the enterprise should pay attention that days of this type of leave are given only for exits when the employee was engaged in hazardous work.

When calculating the average daily wage for leave for hazardous work, the following indicators are taken into account:

1. The taxpayer's total salary for the 12 months before the leave was granted - regardless of whether he worked in hazardous conditions all year or not.
2. The presence of various distractions from work during the billing period (business trips, sick leave, paid certificates) - such payments are not included in the calculation of average earnings.
3. Payment during the billing period for financial assistance, one-time benefits and other bonuses that are one-time in nature - they are also not taken into account.

When determining the amount for additional leave, you need to pay attention that the days when calculating the average daily will differ from the days of the compensation itself. So, for example, when calculating the average daily salary, the work schedule for a six-day work week should be taken into account, and when determining how many days an employee is entitled to for a certain period, we take into account the actual time worked in hazardous production.

For example, for days of sick leave or for the period when the employee was temporarily transferred to another safer area of ​​work, additional leave will not be accrued. This requirement is stated in Instruction No. 273 / P - 20 dated November 21, 1975.

If in the last year before the provision of such leave the employee worked completely (in fact, more than 11 months were worked in hazardous work), then the employee is entitled to the number of days that is prescribed in the law, the collective agreement or the employment agreement. In another case, it is necessary to calculate exactly how many days of additional vacation the taxpayer earned.

Counting the days

If you need to calculate additional leave for harmful working conditions , then you need to find out how many days of rest you have for working with harmful and/or dangerous factors. A special algorithm of actions will help with this.

Stage 1. Classify “harmful” days.

To calculate “harmful” vacation , you first need to select the corresponding periods from the rest. A special List of Professions, approved by Resolution No. 298/P-22 of October 25, 1974, of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions, will help with this.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

Yes, this is a Soviet-era document, but it has still not lost its relevance and is used when calculating salaries for “harmful workers.”

What should you look for here?

1. Pay attention to the column “Name of production, workshops, professions and positions.”
2. Find your employee's position or profession in the column.
3. see if there is a “constant” entry next to it. For example: “A storekeeper, constantly busy at work in an underground storeroom.”

If there is such a mark, then only days fully worked under the specified conditions will be included in a separate period of service. Half a day will no longer be considered “harmful” service. If there is no mark, those days when the employee worked in such conditions for only half the time will also be counted as special length of service.

All other days, such as vacation periods, time of incapacity for work, etc., are never included in the calculation of “harmful” vacation (Labor Code of the Russian Federation, Article 121).

Stage 2. We count the number of whole months of “harmful” work experience

First, let's calculate the average monthly number of working days in a specific calendar year. The following formula will help us with this:

Now let’s find out how many whole “harmful” months the employee who was going on vacation had

It is important to remember that normal rounding rules apply when performing calculations. So, a result less than 0.5 is discarded altogether, and a result above this is taken into account. It increases the number of whole months.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Keep in mind: if an employee’s length of service moves from one calendar year to another, the value of entire “harmful” months must be counted within each year separately and the results added up.

Stage 3. We count vacation days as harmful working conditions

Let us assume that, based on the results of all calculations, it turns out that the subordinate worked in dangerous conditions for less than a year. Then, to determine the number of additional days of rest required, use the following formula:

It will allow you to find out how many days of “harmful” leave will be for a particular employee.

If it turns out that a subordinate served in harmful and dangerous conditions for 11 months, he should be given additional leave “for harmfulness” in the full amount established by law.

Please note that if, by legislative act, the period of preferential rest for harmful activities is fixed in working days, it must be converted into calendar days for calculation purposes. This rule is enshrined in Article 120 of the Labor Code of the Russian Federation and letter No. 625-ВВ dated 02/01/2002 of the Ministry of Labor.

Required formulas

To determine the amount of rest for harmful activities

How to calculate the duration of vacation? To calculate the days of the type of rest in question, it is first necessary to determine the number of full months in which the person worked under harmful conditions:

KPM = DVR / (RDG / 12),

• where KPM is the number of full months of work with harmful conditions;
• DWR - the number of working days per year when the employee was engaged in hazardous work;
• RDG – the total number of working days in a year.

The next step is to calculate the number of days when the employee will be on legal rest due to harmful conditions:

DDO = KPM x DOG / 12 – DOI,

• where DDO – days of additional leave that are subject to payment;
• DOG – days of additional rest that an employee is entitled to for a full year of work;
• DOI - days of leave for harmful working conditions, which he has already used this year.

It should be noted that the KPM value does not have to be an integer , unlike the DDO value - it is impossible to send an employee to sit at home for 6.73 days. This indicator, in accordance with Letter of the Ministry of Labor No. 14 - 2 / B - 1045 dated October 18, 2016, must be rounded in favor of the employee.

For dangerous work

If additional leave for hazardous conditions is accrued in working days, it is calculated based on a six-day working week, as stated in Letter of the Ministry of Labor No. 625-ВВ dated 02/01/2002. In this case, the amount of the average daily benefit should also be calculated based on a six-day working week. For this calculation, it is best to use the production calendar.

The formula for calculating the amount of leave for harmful activities will look like this:

O = SDP x KDO,

• where O is the amount of vacation accrued to the employee;
• SDZ – the amount of the average daily wage for calculating rest for harmful activities;
• KDO - the number of vacation days granted to the employee.

In this case, the amount of average daily earnings in working days will differ:

SDZ = ZPG / CODE,

• where ZPG is wages for actually worked outputs for the year before the start of the vacation;
• CODE - the number of days worked in a six-day working week.

When calculating the value of CODE and PPG, you should not take into account sick days, various financial assistance and everything for which insurance premiums are not charged, as well as various distractions from the work process (donating blood, business trips, participation in competitions). If these payments are accrued in calendar days, they must be converted into working days during a six-day period in accordance with the production calendar.

Duration

How to calculate days and their number? Let's look at the example of calculating rest days. Employee Vinokur V.V. from 02/05/2017 was transferred to a workshop with hazardous working conditions. In this profession and in this workshop, he is entitled to 11 days of additional leave for harmful activities. However, from June 22 to July 3, Vinokur was ill. Let's calculate how many days of additional leave he is entitled to as of 01/01/2018.

Let's calculate V.V. Vinokura number of shifts worked by him for the billing period from January to December 2020. They will be:

Let's calculate the working days according to the schedule for his last 12 months of work (see table above). Let us now calculate the KPM:

• KPM = 219 / (247/12) = 10.64;
• DDO = 10.64 x 11 / 12 – 0 = 9.75.

Thus, employee Vinokur V.V. as of 01/01/2018 can count on 10 days of additional rest for harmful and dangerous working conditions.

Cash refund

Let's say employee V.S. Tikhmanov. going to rest. He writes an application to be granted basic leave from March 1 to March 20, 2020 and an additional one for harmful activities for 8 working days. Employee Tikhmanov has been working in production of the 3rd degree of harm for 3 years and annually uses his right to this type of rest in full; he is entitled to 10 calendar days of additional leave per year.

For the last calendar year, he received a salary in the amount of 620,300.00 rubles, including sick leave from January 18 to 27 in the amount of 10,700.00 rubles, a business trip from November 29 to December 2, 2020. in the amount of 7,700.00 and financial assistance for treatment in the amount of 20,000.00 rubles.

Let's calculate the compensation i.e. the amount that the company is obliged to pay him for additional leave:

1. To calculate, we take the salary of V.S. Tikhmanov.
   for the last 12 months: from March 2020 to February 2020. The salary for calculating vacation pay will be: 620,300.00 – 10,700.00 – 7,700.00 – 20,000.00 = 581,900.00 rubles.
2. Let's calculate working hours according to the schedule for the billing period for a six-day week. Based on the production calendar for 2020, it turns out that from March 1 to December 31, 2020 there were 257 working days on schedule with a six-day period, taking into account holidays.
3. Let's find out the taxpayer's hours worked for the same period. If several years were affected, the values ​​are summed up. Since Tikhmanov was on a business trip in 2020, we subtract 4 days and, in fact, with a six-day period, 253 days were worked.
   In 2020, according to the schedule, with a six-day working week from January to February 2020, there are 42 days. Because the employee was on sick leave - we are taking these days off. A six-day employee was sick for 9 days. The days he worked in 2020 are: The total number of days worked by Tikhmanov, transferred to a six-day working regime, will be:

   253 + 33 = 286.

4. Next, we calculate the average earnings for vacation amounts.
   The amount of the average daily benefit will be: RUR 581,900.00. / 286 = 2,034.62 rubles.
5. We calculate the amount that the employee will receive during the recovery of his health: additional leave for harmful working conditions will be provided to Tikhmanov from March 21 to 29 for 8 working days in the amount of:
   2,034.62 x 8 = 16,276.96 rubles.

Responsibility for failure to provide leave

Refusal to provide additional leave to an employee working in unfavorable working conditions is a direct violation of the norms of the current legislation of the Russian Federation.

Persons guilty of committing this illegal act, in accordance with the norms enshrined in Article 419 of the Labor Code of the Russian Federation, are subject to disciplinary and financial liability.

In addition, these persons may be subject to administrative, civil or criminal liability.

Persons guilty of violations of labor legislation, in accordance with the norms enshrined in Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, are held accountable in the form of a warning or a fine in the amount of:

• officials - 1,000 - 5,000 rubles;
• individual entrepreneurs - 1,000 - 5,000 rubles;
• enterprises and organizations - 30,000 - 50,000 rubles.

Please note! Persons guilty of repeated violations of labor legislation are held accountable in accordance with Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of:

• fine from 10,000 to 20,000 rubles. (for officials) or disqualification for up to 3 years;
• fine for individual entrepreneurs - 10,000 - 20,000 rubles;
• fine for enterprises and organizations - 50,000 - 70,000 rubles.

Separately, we note that for violation of the procedure for drawing up employment contracts in accordance with the norms enshrined in Part 4 of Article 5.27, stricter liability is established in the form of fines in the amount of:

• for officials - 10,000 - 20,000 rubles;
• for individual entrepreneurs - 5,000 - 10,000 rubles;
• for enterprises and organizations - 50,000 - 100,000 rubles.

In the event of a relapse of this offense, the perpetrators, in accordance with Part 5 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, will be subject to the following types of liability:

• officials - disqualification for a period of 1 to 3 years;
• individual entrepreneurs - a fine of 30,000 - 40,000 rubles;
• enterprises and organizations - a fine of 100,000 - 200,000 rubles.

Watch the video. Harmful working conditions:

Dear readers of our site! 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 specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

+7-495-899-01-60

Moscow, Moscow region

+7-812-389-26-12

St. Petersburg, Leningrad region

8-800-511-83-47

Federal number for other regions of Russia

If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.