Article TCRF 267. Annual basic paid leave for employees under the age of eighteen

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Published: 05/09/2017

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Persons under 18 years of age enjoy the same rights in labor relations as their adult colleagues. At the same time, in a number of working conditions, this category of workers enjoys benefits and guarantees established by the Labor Code of the Russian Federation.

Minors have the right to annual paid leave. Its duration is regulated by Art. 267 of the Labor Code of the Russian Federation and is 31 calendar days (as opposed to 28 days for other categories of employees).

At the same time, a minor employee can take advantage of the opportunity to rest before the expiration of six months of continuous service at the enterprise. This is stated in the text of Art. 122 TK.

In fact, an employee under 18 years of age can request leave after 3 or even 2 months and the employer has no right to refuse him.

In addition to the main paid leave, teenagers have the right to additional leave without pay . According to Art. 116 additional rest is provided to employees who combine work and study activities. An employee may request additional leave in connection with exams or an intensive study load; its duration is determined on an individual basis.

• Features of providing leave to teenagers
• Procedure for granting leave to teenagers
• Paid vacations for minors

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Annual paid vacation

The duration and rules for granting leaves to employees are regulated by Ch. 19 Labor Code of the Russian Federation. With regard to leave for minors, the specified standards are also applicable, but taking into account the peculiarities of labor regulation for this category of employees.

In particular, legislation individually regulates the duration of annual paid leave for minor workers.

So, in accordance with Art. 267 of the Labor Code of the Russian Federation, the annual paid leave for workers under the age of 18 is 31 calendar days.

Let us remind you that, as a general rule, the duration of vacation is 28 calendar days.

The labor inspector of the Nizhny Novgorod region answered the question about the duration of leave for a disabled minor employee. V. I. Neklyudov. Get trial access to the system and proceed to the official's explanations for free.

Who has the right to summer vacation on the basis of the Labor Code of the Russian Federation

This is especially true during the summer and winter holidays, when schoolchildren and students are completely free from school. However, not everyone is familiar with the legislation regarding the labor of minors, which raises a number of questions: when can you work, how much, and for what salary.

No less important is the issue of leave for minors, the concept of which you will become familiar with in the next article.

Normative base

Russian labor legislation regulates all rights and obligations of minor workers and their employers.

The duration of leave for minors is established by Article 267 of the Labor Code of the Russian Federation: employees who have not reached the age of 18 years have the right to annual paid leave of at least 31 days.

The legislation also provides for additional types of leave for minors of the Labor Code of the Russian Federation in the form of Article 116.

This legislative act provides for the opportunity to take additional paid leave while maintaining average monthly earnings.

The introduction of such bills will allow teenagers to combine study and work: additional leave can be taken at the beginning of the summer and allocate time to prepare for exams. At the same time, he does not lose his income and job vacancy.

The next annual paid leave for minors is provided in the amount of 28 calendar days.

All this time, the employer is obliged to pay the minimum wage to the minor worker and guarantee him a free vacancy upon his return to work.

The law provides for only one paid vacation per working year (not to be confused with the calendar year).

It turns out that an employee who gets a job will not be able to go on paid leave without working for 6 calendar months in a row.

You can take leave at your own expense in the following cases:

• up to 24 days if you did not use primary or additional leave at your previous place of work;
• if you need to complete treatment or study;
• in case of death of relatives from 3 to 7 days;
• up to 30 days if you need to care for a sick relative.

In these cases, the teenager has the right to take additional rest without receiving compensation for days not worked.

Also, by agreement with the employer, he has the right to request up to 15 unpaid days of leave per year.

According to the labor legislation of the Russian Federation, leave for employees engaged in public works is provided in direct proportion to the number of days worked.

In addition, there are cases when a minor working in public works has the right to request paid leave after the end of the calendar, but not the working year.

Duration

Basic annual paid leave of 28 calendar days is provided to all employees.

However, pregnant, disabled, and minor employees have the right to certain benefits when receiving leave: a teenager can go on paid leave regardless of their length of service.

If labor legislation (Article 121 of the Labor Code) sets a condition for everyone of 6 months of continuous work to receive leave, then a minor has the right to receive it out of turn.

By agreement with the authorities, the teenager has the right to divide his vacation into several parts and go to work only for a few days.

Work experience of 6 months includes time of illness, stay on study leave, passing a medical examination, forced absence and removal from work.

Also, minors have the right to extended leave, granted for as long as 31 calendar days. This duration is established by Article 267 of the Labor Code of Russia.

Also, the Labor Code of the Russian Federation provides for daily work standards of 5 hours for workers aged 14-16 years and no more than seven hours for seventeen-year-olds.

Such time frames of work require a lot of effort from minor workers who combine study and work, so the length of an extended vacation of 31 calendar days was introduced into the legislation.

Peculiarities

The procedure for granting leave for minors is regulated by the leave schedule in form T-7, approved by the Resolution of the State Statistics Committee of Russia.

The schedule is drawn up in the form of an A-4 size form and includes the following items:

• last name, first name and patronymic of the minor employee;
• employee's position;
• name of the structural unit;
• number of calendar days of vacation;
• set date for subsequent leave.

In the column about the established date of subsequent leave, two dates are indicated: actual and planned.

Since going on vacation must be agreed upon between the employer and the subordinate, the planned date only implies a month of vacation; the actual one contains more accurate information - the start and end date of the vacation.

• paid annual leave;
• additional;
• with non-payment of wages during the vacation period.

This type of leave is provided with the calculation of payment of wages for the employee’s absence from work during the rest period.

For this purpose, standard calculation forms were used for all age categories of workers.

Basic rules for granting leave

In addition to the fact that the duration of vacation for a minor worker is 3 calendar days longer compared to adult workers, there are other features. In particular:

• Vacation is granted at a time when it is convenient for the employee himself (Article 267 of the Labor Code of the Russian Federation). This means that an application for leave can be written before receiving six months of work experience at the enterprise.
• The vacation must be used in the current year, since it is impossible not to provide it, even due to production necessity (Part 4 of Article 124 of the Labor Code of the Russian Federation).
• A minor employee cannot be recalled from vacation (Part 3 of Article 125 of the Labor Code of the Russian Federation).
• It is prohibited to replace vacation with a cash payment, even for a period of more than 28 calendar days (Part 3 of Article 126 of the Labor Code of the Russian Federation). The exception is compensation upon dismissal.

A general exception applies to minors, stating that when a punishment is imposed in the form of correctional labor, the vacation is 18 working days (Part 6 of Article 40 of the Penal Code of the Russian Federation).

Leave for minor workers

Providing a period of rest to persons with a minor son or daughter is carried out on the basis of the norms of the Labor Code of the Russian Federation. The provisions that regulate this right and its features can be presented as follows:

• The provision of this time to persons with children is carried out in accordance with the general procedure. That is, the usual basic duration each year is 28 days and can be increased depending on length of service, harmful working conditions and other factors;
• rest also depends on their state of health. If a son or daughter is disabled, then the parents receive the opportunity for additional leave and priority in choosing the time for rest;
• employees who have a son or daughter under the age of seven have the opportunity to go on vacation in the summer and take the time necessary to care for their children.

The law distinguishes several categories of parents with sons or daughters under twelve years of age. Depending on the category, there are specifics regarding vacations for these individuals. They should be specified in more detail:

• Article 123 of the Labor Code establishes the right to receive a period of care for a minor son or daughter. This period covers the time after childbirth until the age of three;
• employees who have minors under seven years of age;
• workers raising children from seven to 10 years old.

These categories of workers have benefits for the provision of rest at a time convenient for them. And the employer has no right to refuse them this.

If we talk about the maternity period, then you can use this right at any time. This period covers the time until the minor reaches 3 years of age. Every parent has the right to take advantage of the opportunity to get leave. They can change and take the period they need.

Parents with minors under 7 years of age have the right to receive rest at any time. That is, they can contact the employer with an application to provide them with such time as they deem necessary. And the employer must satisfy such a request.

Another preferential category is parents with children from 7 to 10 years old. This category of workers has the right to rest during the summer holidays. This is a significant guarantee. It allows you to get time off with your son or daughter every year.

Employees raising disabled people are also provided with guarantees. They are entitled to enjoy the following benefits:

• they have the opportunity to choose their own time. They have the right to apply to their employer to take a vacation at any month;
• such employees may enjoy additional leave. It can be caused by a variety of reasons. The duration of this time is up to one month.

Thus, many guarantees and benefits have been established for this category of employees. In addition, they have other guarantees related to business trips and protection during staff reductions.

This group should be divided into two categories. If education is carried out in relation to a disabled person, then the additional period will be up to one month. And they can write a corresponding application for additional leave in any month at their discretion.

When parents are raising a son or daughter under 12 years of age, they can also take advantage of the extra time. But in this case, the duration will be two weeks.

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A minor citizen can enter into an employment contract with an employer only after reaching the age of 16 years. Sometimes an employee can be hired earlier if situations noted in legislative acts are considered.

Cases of earlier employment are also provided. From the age of 14, teenagers can work in easier conditions. In this case, it is important to obtain the consent of the child’s mother and father, as well as the guardianship and trusteeship authorities. Work can be carried out in free time from study.

The standards for providing work opportunities to minors are prescribed in Article 63 of the Labor Code of the Russian Federation. Another article 92 provides for the length of the period during which work may be carried out. In accordance with it, employees under 16 years of age can work no more than 24 hours a week. For older persons, 35 hours of work is provided.

If a child studies during the period of employment, the duration of work is halved. Thus, until the age of 16, an employee is allowed to work 15 hours a week. An employee under 18 years of age can work 17.5 hours.

There are day shift standards that the employer must not violate:

• at the age of 15 to 16 years a day you can work no more than 5 hours;
• persons from 16 to 18 years old can work a seven-hour working day;
• if the child is a student, then his shift should not exceed 2.5 hours a day.

The employer should study Article 92 of the Labor Code of the Russian Federation especially carefully. It specifies the duration of a person’s work per day and week. If standards are not followed, management and the institution can be held accountable.

When a minor employee is officially employed, some guarantees are provided for him. Their compliance is mandatory for every employer.

If the rights of an employee under 18 years of age are violated, the institution and its manager may be held liable:

• The employer cannot refuse leave. The employee has the right to receive it at any time he wishes.
• Leave must be granted in full. It is prohibited to reschedule days that a minor has not taken off. This is impossible to do even if the employee himself insists on it. Therefore, during the year, 31 days of rest must be fully provided to the person.
• Cash payments for the vacation period are prohibited. Therefore, it is impossible to refuse leave to a minor, replacing it with payment. It is allowed to carry out such a replacement only upon termination of the employment contract. In this case, payment is provided for unused vacation days.
• It is not permitted to call a minor employee back from vacation. If there is a production need to fulfill the obligations that the employment contract provides for an employee under 18 years of age, then another employee must be involved.

Regardless of the circumstances, the nature of work and the direction of the institution’s work, minor workers must take a full vacation. It may not be transferred, withdrawn or otherwise modified.

Vacation is longer than for adult workers.

The duration of the vacation period for minors is not the standard 28 calendar days, but 31 days. Just like for adult employees, vacation for minor employees does not include non-working holidays. Accordingly, other calculation principles are the same.

Additionally, it should be said that the duration of vacation can be increased by company regulations. In no case can the duration of vacation be reduced below the minimum limit.

Also, additional vacation days can be added to the main one if the employee is employed under special working conditions, has appropriate benefits, or works in the Far North region or an equivalent place.

In 2020, the features and procedure for providing leave to minors remained unchanged.

In addition to the extended leave period for minors, there are many different points that every working teenager needs to know.

For example, a minor can take a vacation whenever he wants, regardless of the vacation schedule at the enterprise.

It does not matter where the minor works - in the city or in the countryside.

The employer is obliged to provide leave to a minor during the first year of work for a period of 31 calendar days and has no right to withdraw from it or pay in money this 1 month of rest.

A fixed-term employment contract is a transaction between an employee and an employer for a short period of work.

For example, a fixed-term contract is valid for the period of summer holidays or absence of a year of study (after school or vocational school).

Duration of paid vacation after reaching adulthood

In practice, situations may arise when a citizen entered into an employment contract with an organization or entrepreneur before reaching the age of majority, and went on vacation while already an adult. How many days is the vacation granted to minors who have reached 18 years of age at the time of going on vacation?

The answer to this question was given by the Plenum of the Supreme Court in the resolution “On the application of legislation regulating labor...” dated January 28, 2014 No. 1. According to paragraph 21 of this document, leave is granted in proportion to the time worked before and after the age of 18 years at the rate of 31 and 28 calendar days respectively.

Additional rest for minors

In addition to the main leave, an employee who has not reached the age of majority may also apply for additional leave. Such rest is due to the category of employees in question in the following cases:

• with a special nature of work (Article 118 of the Labor Code of the Russian Federation);
• when working in the regions of the Far North and equivalent areas (Article 14 of the Law “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” dated 02/19/1993 No. 4520-1);
• if the collective agreement between the employer and employees provides for a longer duration of leave for minors (Article 41 of the Labor Code of the Russian Federation).

For young people, the most relevant guarantee is the provision of additional leave to complete part-time and part-time studies. In this case, minors are granted leave for the duration established by Art. 173−176 Labor Code of the Russian Federation. It is paid, i.e. the employee retains his average salary.

Can an employee under 18 years of age take leave at his own expense?

The employee’s right to temporarily leave the workplace without losing his job is provided for in Art. 128 Labor Code of the Russian Federation. Based on this rule, with the consent of the employer, an employee can take days of unpaid leave.

This article also applies to minor employees. However, they are not on the list of exceptions to which the employer is obliged to provide unpaid vacation days. Consequently, the opportunity to go on such a vacation depends not only on the desire of a person under 18 years of age, but also on the will of the employer.

How many days of vacation a minor has in this case is determined by the parties independently. The will of the parties is recorded in the employee’s statement and the employer’s order. The reasons why an employee may request such leave are vague in the legislation. These include, for example, family circumstances and other valid reasons.

Find out also “What benefits are provided for minor workers.”

Is compensation possible upon dismissal?

The ban on compensation for minor workers for unused vacation days is expressly established by Part 3 of Art. 126 TK. However, this rule applies to an employee when he is in an employment relationship with an organization or entrepreneur. When they are terminated, different rules apply.

Part 1 art. 127 of the Labor Code obliges the employer to pay compensation to the resigning employee for all unused vacation days. This rule also applies to workers under 18 years of age, since otherwise their rights would be unreasonably infringed.

Compensation for leave of minor workers should be calculated using the following formula:

K = Kn × Sz,

Where:

• K - amount of compensation;
• Кн - number of unused vacation days;
• Sz is the employee’s average salary per day.

If your minor employee is going on vacation and you doubt the accuracy of your calculations, use tips from ConsultantPlus experts. Get trial access and proceed to the HR Guide.

Compensation for unused vacation

Another restriction is associated with the leave of minors, when employers are prohibited from recalling their workers from leave. In addition, regardless of the wishes of employees and circumstances, employers are prohibited from replacing vacation with monetary compensation.

However, compensation for unused vacation to a minor upon dismissal is paid in the usual manner.

An adult employee can receive cash for unused days of annual rest in his hands. For teenagers, the law strictly prohibits compensation for unused days in monetary terms.

The exception is the transfer to a later time of unused days, but not more than 2 years.

The legislation also does not provide for a restriction on dividing vacation into parts. A minor employee has the right to take vacation whenever he wants; the employer has no right to refuse him, as well as to refuse payment of vacation funds.

Registration and payment of leave for minors in 2020

Registration of leave for employees under 18 years of age is carried out in accordance with the general procedure. The employer must include the minor's leave in the vacation schedule adopted by the enterprise, despite the right of such an employee to leave at his own request at any time.

To take leave, the employer is provided with an application from the minor. If the vacation is carried out as scheduled, the employee receives a notification.

Vacation pay requires the accounting department to calculate the employee’s average daily salary for the time worked, taking into account allowances and bonuses.

Calculation formula: the amount of compensation is equal to the level of wages per day multiplied by the length of the weekend that was not used.

A teenager has the right to leave depending on the conditions specified in the employer’s schedule. Before the end of the working year, the head of the organization, together with the employees, fills out a schedule in form T-7 for the new year.

It records each employee's planned month of vacation, and the duration of the vacation, indicating a specific start and end date.

The procedure for registering leave for a minor employee:

• a statement is written indicating the duration of the vacation;
• data is entered into the chart;
• the manager provides notice 3 days in advance;
• the employer calculates the payment.

Sample application

The application is written a week before the start of the vacation. To correctly compose a statement, you should write it to the manager. In the upper right corner the full name and position of the head and applicant, as well as the full name of the organization, are indicated.

In the central part of the document the word “Application” is written and the planned date of vacation and its duration are indicated. The application must be dated and signed at the end.

Having completed all the documents and received the manager’s signature, the minor employee can legally go on vacation.

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Results

Let's summarize:

• the basic annual leave of employees under 18 years of age should be 31 days;
• minor employees also have the right to additional rest, provided, among other things, for the purpose of training;
• it is allowed to take a vacation at your own expense, but only in agreement with the employer;
• The law prohibits such employees from taking compensation for unused vacation, but upon dismissal it must be paid.

Sources:

• Labor Code of the Russian Federation
• Law “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” dated February 19, 1993 No. 4520-1

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Labor Code of the Russian Federation Chapter 42. FEATURES OF LABOR REGULATION OF WORKERS UNDER THE AGE OF EIGHTEEN YEARS

“Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on December 16, 2019)

• Article 265. Work in which the employment of persons under the age of eighteen is prohibited
• Article 266. Medical examinations of persons under eighteen years of age
• Article 267. Annual basic paid leave for employees under the age of eighteen
• Article 268. Prohibition of sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of workers under the age of eighteen years
• Article 269. Additional guarantees for employees under the age of eighteen upon termination of an employment contract
• Article 270. Production standards for workers under eighteen years of age
• Article 271. Remuneration for workers under the age of eighteen with a reduced duration of daily work
• Article 272. Peculiarities of employment of persons under the age of eighteen

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