Features of providing leave to Labor Veterans in the Russian Federation in 2020

The legal topic is very complex, but in this article we will try to answer the question “Preferential vacation for northerners in 2020, the law on travel expenses for vacations.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

When working in the Far North and going on vacation, a citizen can count on compensation for the cost of the road. To do this you need to submit an application. Its registration must be carried out in free form.

• information of the manager who is the addressee of the appeal;
• data of the applicant himself with his signature;
• reference to Article 325 of the Labor Code of the Russian Federation;
• place of recreation;
• price;
• selected type of vehicle;
• date of registration.

Preferential vacation for northerners in 2020 - Russian law

Payment of the cost to the place of use and back for an employee of an organization financed from the federal budget and his family members is made before the employee’s departure based on the approximate cost of travel.

1. For workers with irregular working hours (under Article 119 of the Labor Code).
2. For workers involved in work with harmful and dangerous working conditions (under Article 117 of the Labor Code). Such leave is entitled to employees if, based on the results of a special assessment, their working conditions were found to be harmful (grade 2, 3 or 4) or dangerous.
3. For workers of the Far North and equivalent territories (according to Article 321 of the Labor Code).
4. For workers performing work of a special nature (according to Article 118 of the Labor Code).
5. For other employees, if their right to preferential leave is provided for in federal legislation.

Preferential leave is a special additional leave that special categories of employees can receive. Preferential leave is paid; Moreover, it does not replace, but supplements the main leave. Preferential leave must be agreed upon with superiors, and after agreement it must be reflected in the general vacation schedule.

What is preferential leave and who can receive it?

For example, if a flight is carried out, the amount of compensation payment will be calculated based on the cost of a plane ticket flying a similar distance. The proportion will be calculated based on the orthodrome between the two airports.

https://youtu.be/em3R15ILQSs

In some oil companies such as Rosneft, Slavneft, Lukoil, Gazpromneft, Surgutneftegaz and budgetary organizations, the Collective Agreement expands this concept and family members also include adult children studying full-time, under 23 years of age.

It is important to keep in mind that in order to receive the right to pay for travel on vacation, northerners need to actually work in the northern regions. The mere fact that the location of the organization is the territory of the Far North is not enough. And if, for example, on the contrary, the organization is registered, say, in the Volga region, and employees work in its separate division in the North, the employees will be required to pay the cost of travel on vacation.

This is interesting: Reimbursement for camps in Krasnodar 2020

Preferential holidays for northerners

They indicate the procedure, amount, conditions of compensation and other features of payment for preferential travel on vacation for northerners (2015). In some situations, collective agreements and local regulations are considered.

Employee G.N. contacted the HR department. Morozov with an application for annual leave from 08/21/15 and compensation for travel expenses (see document above). The company is located in Arkhangelsk (Mirny).

• Ch. 50, articles 127, 129, 322, 325 of the Labor Code of the Russian Federation;
• Law of the Russian Federation N 4520-I on state guarantees for northerners;
• Federal Law N 125-FZ on housing subsidies for people who leave the Far North;
• Resolution of the Council of Ministers No. 12;
• Government Decree No. 922;
• Law of the Russian Federation No. 212 on taxation, as well as contributions from the Pension Fund, Social Insurance Fund, and Compulsory Medical Insurance Fund.

Features of calculating vacation pay

• to a government agency - the application is reviewed within a month and an official response is given;
• to bailiffs (magisterial or district) no later than 3 months from the moment the employee became aware of the violation of rights.

Employers are required to compensate northern workers for the cost of travel and baggage to the vacation destination and back once every 2 years on the territory of Russia. Here are the rules that must be followed when providing this guarantee.

Regulatory regulation

Articles No. 114 and 124 of the Labor Code (LC) of Russia enshrine the right of every working citizen to annual basic paid leave.
Its duration, in accordance with Article No. 115 of this legal document, is 28 days. As such, there is no concept of “preferential leave” in labor legislation. This type of rest is called additional rest. It is provided with salary. Preferential leave is a special type of rest that special categories of employees have the right to receive.

The list of persons who can take additional vacation days is given in Article No. 116 of the Labor Code of the Russian Federation . The specifics of determining the grace period are described in Article No. 120 of this legal document. In addition to the Labor Code, the procedure for providing additional types of rest may be contained in collective agreements and local acts of the enterprise.

The dates and duration of preferential days off must be agreed upon with the trade union organization. Labor legislation does not prohibit the combination of basic and additional leaves. It is also allowed to divide the vacation into parts, provided that at least one of them lasts at least two weeks.

An employee who knows the norms of labor legislation can initiate an inspection of the company by the labor inspectorate and legal proceedings in order to bring the head of the company to justice.

Who is entitled to it?

It is important for employers to know who is entitled to additional days off. This will prevent violations of labor rights and make it possible to avoid problems during inspections by regulatory authorities.

Preferential leave according to the Labor Code of the Russian Federation is granted to the following categories of persons:

1. employees with irregular work schedules. They are provided with rest in accordance with Article No. 119;
2. persons whose working conditions are harmful or dangerous . The procedure for providing rest for this category of employees is given in Article No. 117. Harmful working conditions are those that in the future may lead to the occurrence of an occupational disease. A workplace is assigned a hazard class during a special assessment. Employees who work in hazardous conditions of degree 2-4 are entitled to preferential leave;
3. employees whose working conditions are recognized as special . They are provided with rest in accordance with Article No. 118. “Special conditions” should be understood as work activities that have additional health risks;
4. workers of the Far North and territories that are equivalent to them . The number of days off and the design features of this type of vacation are described in article No. 321;
5. other categories of employees whose right to preferential leave is established by law at the federal level.

Reimbursable additional rest is provided:

• athletes;
• military personnel;
• representatives of the customs service;
• rescuers;
• health workers;
• Chernobyl victims;
• judges, etc.

Additional rest is also provided for pensioners and labor veterans.

Such persons are entitled to other benefits (for example, partial or full payment for travel on public transport). There is also maternity leave. It is provided to women who have become mothers and are caring for a child until he is three years old.

Law on preferential leave in Khmao

“On the Regulations on guarantees and compensation for persons living in the regions of the Far North and equivalent areas and working in local governments, municipal institutions of the urban district of the city of Surgut”

N 4676 ABOUT APPROVAL OF THE OFFICIAL INTERPRETATION OF SEPARATE RULES OF THE LAW OF THE KHANTY-MANSIYK AUTONOMOUS DISTRICT - YUGRA “ON GUARANTEES AND COMPENSATIONS FOR PERSONS RESIDING IN THE KHANTY-MANSIYK AUTONOMOUS DISTRICT - YUGRA WORKING IN THE ORGANIZATION ZATIONS FINANCED FROM THE BUDGET OF THE AUTONOMOUS DISTRICT “Having considered the draft resolution of the Duma of the Khanty-Mansiysk Autonomous Okrug - Ugra “On approval of the official interpretation of certain norms of the Law of the Khanty-Mansiysk Autonomous Okrug - Ugra “On guarantees and compensation for persons living in the Khanty-Mansiysk Autonomous Okrug - Ugra,

https://youtu.be/BCODhwrEC7c

Duration

The duration of additional paid leave is fixed at the legislative level. For different benefit categories of employees, a certain number of days is established that they have the right to take during the year.

The duration of additional leaves for employees in the table:

It should be noted that the duration of preferential leave may be changed by local regulations. It can be increased at the discretion of the company's management. It is prohibited to set a vacation duration that is less than that provided by law.

Expert opinion

Irina Vasilyeva

Civil law expert

In accordance with Article No. 120 of the Labor Code of Russia, non-working holidays are not taken into account when determining the duration of preferential leave.

Preferential vacation travel for northerners 2020

On April 23, 2020, Federal Law No. 113-FZ dated April 23, 2020 was adopted, amending Art. 255 and 270 of the Tax Code of the Russian Federation. Thanks to it, employers can include travel expenses for employees once a year, and in return do not take them into account in the income received for tax purposes.

Payment is made from the budget of the organization or enterprise. In this case, the management is based on the legislative norms of federal and municipal legislation. The provisions of local regulations must be taken into account. Based on Federal Law No. 212, transportation expenses of employees are not taxed.

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Registration procedure

Annual additional paid leave is usually included in the appropriate schedule at the enterprise.

If the manager did not provide for the inclusion of grace periods in this document or the employee wants to transfer additional vacation days to another time, then they should be formalized in accordance with the standard procedure:

1. drawing up an application by the employee and submitting it to the head of the company;
2. consideration of the petition by the director of the company with a resolution affixed to the document;
3. issuing a leave order if the boss approves the subordinate’s application;
4. familiarization with the order of the company employee against signature.

The application is written in free form on a regular office sheet or letterhead.

Its structure consists of a header, title, main and final parts. In the test of the petition, it is imperative to refer to the norms of the current legislation, which establish the right to provide additional, refundable vacation days. At the end there must be the date of compilation and the personal signature of the applicant. Sample application for preferential leave:

General Director of JSC "Market"

Voronov A.A.

senior seller

Samoilov Evgeniy Andreevich

Statement

I ask you to grant me, in accordance with Article 119 of the Labor Code of the Russian Federation, additional leave with pay lasting three days from November 18 to November 20, 2019 for an irregular work schedule.

11/11/2019 (signature) E.A. Samoilov

An order for registration of days off is drawn up according to a unified template. The Resolution of the State Statistics Committee of Russia dated January 5, 2004 approved the form of such documents - T-6. The use of company letterhead is permitted.

The order must contain the following information:

• organizational and legal form of the company;
• OKPO code;
• company name;
• last name, first name, patronymic of the employee;
• subordinate position;
• the structural department in which the employee works;
• start and end dates of additional vacation days;
• type of leave;
• total duration of rest;
• surname and initials of the company director;
• a note indicating that the employee is familiar with the order.

A sample order for preferential leave is available.

It is important for the employee to wait for the order to be issued. After all, the manager may not approve the request or set a different start date for the vacation. Absence from work in this case will be considered absenteeism. Only after reading the order and signing it, the employee has every right to go on vacation.

How is it paid?

Payment for preferential leave is made taking into account the employee’s salary and the number of days off.

Annual earnings must be divided by the number of months worked and by the average number of days in months (29.3) . The resulting figure will reflect the average daily wage. It must be multiplied by the duration of the vacation in days.

For example, Stanislav Andreevich Savelyev, a second-class engine assembly master, received 450,000 rubles for the previous year of work at the MotorSbor enterprise. He wants to take a preferential leave of 3 calendar days for an irregular schedule.

His average daily earnings will be 450,000*12:29.3=1280 rubles. For the period of additional rest, Stanislav Andreevich Savelyev should be given 1280x3=3840 rubles.

The terms for calculating vacation pay are given in Article No. 136 of the Labor Code. According to this legal document, the employer is obliged to transfer to the employee the amount of money due to him for the vacation no later than three days before it starts.

Is it possible to receive monetary compensation instead of vacation?

According to Article No. 126 of the Labor Code of Russia, part of the annual paid leave that exceeds 28 days can be replaced by monetary compensation. We are talking about both basic and additional types of recreation.

Payment of money in lieu of vacation is carried out at the request of both the employee and the administration of the enterprise.
To do this, you need to write an application addressed to the head of the company. The payment is documented by an appropriate order from the director of the company. It is prohibited by law to replace vacation with financial compensation for the following categories of employees:

• who are under 18 years of age;
• employed in harmful and dangerous work;
• whose working conditions are recognized as special.

Also, the entire vacation must be taken out by pregnant women; compensation for even a few extra days in this situation is not allowed.

Fully unused vacation days, regardless of the category of the employee, can be compensated with money in the event of termination of the employment contract with him. Financial settlement is made on the last day of labor. Thus, some employees are entitled by law to additional paid leave. The preferential category includes workers in harmful and dangerous industries, people with irregular work schedules, employed in the Far North, medical personnel, and athletes.

The duration of leave is regulated by articles of the Labor Code, collective and individual labor contracts. It does not take into account holidays. To receive preferential leave, the employee must submit an application addressed to the company management. Based on this document, an order will be issued allowing the employee to go on vacation on the specified dates.

Payment for preferential leave in Khanty-Mansi Autonomous Okrug 2020

Travel is paid for: - in a reserved seat carriage of a passenger train (if only fast and branded trains run on the route, then travel in a reserved seat carriage of a fast or branded train is paid);
— in the economy (lower) class cabin of the aircraft; — on a bus on regular intercity routes; — in the III category cabin of a river vessel of all communication lines; -in the cabin of groups IV-V of a sea vessel of regular transport lines. After maternity leave, the employee wrote a statement requesting compensation for 44 calendar days of unused leave (28 days of main leave and 16 days of additional leave for work in the North). The exception is employees of expeditions, year-round parties, oil and gas exploration. Therefore, if your employees sent to the city.

https://youtu.be/syHkoL2JFz4