Every citizen, after 6 months of working activity, has the right to go on vacation. The legal opportunity for the first paid vacation comes after six months of continuous work in one organization, according to Article 122 of the Labor Code of the Russian Federation. The following rest periods are assigned according to the established vacation schedule, which is drawn up annually in each organization.
Also, there is the possibility of providing the required rest earlier than the established period of 6 months. This opportunity is the right of the employer, so the employee cannot demand vacation days for up to six months.
Vacation after 6 months of work according to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art. 122 Labor Code of the Russian Federation . To use vacation after 6 months of work, the employee's service must be continuous during this time. During this period there should be no layoffs; business trips or sick leave are allowed.
Providing leave after six months is not the employer’s obligation, it is the employee’s right. Before going on vacation, you must agree on the date with your supervisor. At the same time, according to Part 2 of Art. 122 of the Labor Code of the Russian Federation, the categories of citizens listed below may not coordinate it with the leadership.
These include workers:
- pregnant women;
- minor workers;
- employees who adopted a newborn.
After 6 months of work, vacation is granted in the number of days as if the employee had worked a calendar year, or a minimum of 14 days. According to the law, you need to decide on vacation before the 11th month of work, since the 12th month is already considered the time of paid vacation.
How many days are there?
An employee must take his first vacation within a period of six months to a year of work. Control over this process rests with the employer. In case of violation of such a norm, it is he who is responsible before the law. Once every two years, an employee can refuse to rest and ask for compensation for these days.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
How many days must an employer provide for rest? Based on Art. 115 of the Labor Code of the Russian Federation, an employee is entitled to 14 days after six months of work. Employees listed below are entitled to additional rest time:
- working in difficult, harmful, dangerous conditions;
- employees in educational institutions;
- minor employees;
- having irregular working hours.
Its duration is determined based on belonging to a certain category.
Does an employer have the right to refuse leave after 6 months of work?
Leave is granted by the employer upon application by the employee. You can not allow someone to go on vacation only if there are compelling reasons for this, if there is no one to replace the employee. The employee agrees on the date, since the employer has the right to postpone the rest period to another period if necessary.
https://youtu.be/CH6dKkbKczI
Rest in advance and dismissal of an employee
When trying to get early leave, an employee is faced with a manager’s refusal precisely for the reason that in case of dismissal, problems arise for the employer. If vacation pay is paid in advance, then upon dismissal the employer will have to withhold previously made payments.
Any deductions are risky for the employer in terms of correctness of execution and legality of implementation.
However, Art. 137 of the Labor Code of the Russian Federation provides for the right to withhold an advance payment from an employee’s salary. Dismissal is carried out in the standard manner, but the calculation will contain special features. The final payment amount on the last working day will include:
- wage;
- bonuses;
- other payments provided for in the employment contract.
If other employees are also entitled to compensation for days of unused vacation, then in the case of issuing it in advance, the opposite situation is possible. The employer will withhold any amounts paid in excess.
As a result, the employer can provide leave before the expiration of 6 months from the date of employment. However, he has the right to refuse an employee if he does not fall under certain categories. Registration is carried out in a standard manner, as well as payment.
However, in the event of subsequent dismissal, problems may arise with withholding previously transferred amounts. This is why employers are reluctant to accommodate employees in providing early leave.
How many days of vacation are you entitled to after 6 months of work?
After working for a certain period of time, the employee has a question about vacation. The legislation of the Russian Federation describes the right to rest for employees. After what period of time does the organization give rest, and how do they calculate the number of days? What is the procedure for completing it? Can an employer refuse to provide it, and what are the possible consequences? All these nuances will be discussed later in the article.
Vacation after 6 months of work according to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art.
122 Labor Code of the Russian Federation. To use vacation after 6 months of work, the employee's service must be continuous during this time.
During this period there should be no layoffs; business trips or sick leave are allowed.
These include workers:
- pregnant women;
- minor workers;
- employees who adopted a newborn.
After 6 months of work, vacation is granted in the number of days as if the employee had worked a calendar year, or a minimum of 14 days. According to the law, you need to decide on vacation before the 11th month of work, since the 12th month is already considered the time of paid vacation.
How many days are there?
An employee must take his first vacation within a period of six months to a year of work. Control over this process rests with the employer. In case of violation of such a norm, it is he who is responsible before the law. Once every two years, an employee can refuse to rest and ask for compensation for these days.
How many days must an employer provide for rest? Based on Art. 115 of the Labor Code of the Russian Federation, an employee is entitled to 14 days after six months of work. Employees listed below are entitled to additional rest time:
- working in difficult, harmful, dangerous conditions;
- employees in educational institutions;
- minor employees;
- having irregular working hours.
Its duration is determined based on belonging to a certain category.
Does an employer have the right to refuse leave after 6 months of work?
Leave is granted by the employer upon application by the employee. You can not allow someone to go on vacation only if there are compelling reasons for this, if there is no one to replace the employee. The employee agrees on the date, since the employer has the right to postpone the rest period to another period if necessary.
This is important to know: Sample application for leave followed by dismissal
How is the calculation made?
There are three components to consider:
- billing period;
- average daily earnings;
- number of days of rest.
The employee's pay period is determined taking into account the time worked. If the employment was six months ago, it is equal to 6 months. To calculate average earnings, all wages that were paid during the billing period are summed up. The resulting number is divided by the number of days worked by the employee.
- Total salary = 12500*3 + 18000*3 + 5000 = 96500.
- Average earnings per day = 96500/29.3*6 = 549.
- Vacation pay = 549*14 = 7686.
For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.
Sample application
New changes in legislation do not establish a unified application form. Important data such as:
- Full name and position of the manager, company;
- Full name and position of the employee;
- document's name;
- request to provide leave, start and end date;
- date and signature.
After 6 months of work, the law requires vacation, which is paid. It is available in full, regardless of working for less than a full year, and is calculated based on the billing period and average earnings.
If you have any questions, consult a lawyer. You can submit your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):
Categories of employees who are entitled to vacation days in advance in any situation
The legislation provides for the possibility of obtaining leave ahead of schedule for certain categories of persons. Art. indicates this. 122 Labor Code of the Russian Federation, clause 2.
Holidays are required in advance:
- maternity leavers;
- adoptive parents of a child under 3 years old;
- minors.
Expert opinion
Irina Vasilyeva
Civil law expert
Pregnant women, women with children and minors have privileges in many aspects of labor legislation, including in terms of granting early rights to rest.
Right to vacation after 6 months of work
According to Article 122 of the Labor Code, the right to company-funded vacation becomes available to an employee after 6 months of constant work with one employer. There should be no layoffs during this period, since termination of the contract involves the provision of a full payment, including compensation for unused vacation days. As for sick leave, they do not interrupt the length of service for vacation.
Taking leave after 6 months of work is the employee’s right, but not the employer’s obligation. An employee can work continuously for 11 months and then use the full amount of vacation. Along with this, it is permissible, at the request of superiors or on personal initiative, not to take days off during the first year of work.
But according to the law, it is impossible to work for more than two years without rest; the employer faces an administrative fine for this.
Some categories of employees have the right to leave before the end of 6 months of work. These include in particular:
- Employees under 18 years of age;
- Women expecting a child;
- Men after the birth of a baby in the family;
- Part-time workers if they have scheduled leave from their main job.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If you agree with your superiors, you can rest in advance without any compelling reasons. This is risky for management, since during the vacation period the employee is paid a salary for all days that have not yet been worked out.
If a person decides to leave before compensating his boss for vacation days, the company will remain in the red. Management cannot refuse an employee to terminate a contract or oblige him to pay compensation.
In accordance with Article 125 of the Labor Code of the Russian Federation, after 6 months of continuous work, an employee can go on vacation for 14 days, but with agreement with the employer, the period can be increased.
How to provide?
Providing leave before the end of 6 months of work begins with the employee submitting a corresponding application. It is drawn up in a standard form addressed to the manager with a request to provide annual paid leave from a certain date.
The question of whether the employee will be given early rest is decided by the manager when considering the application. If he does not object, he puts his visa on the application with the note “agreed”.
If he refuses, he puts the appropriate signature on the application. The refusal must be communicated to the interested party. If the leave is agreed upon, then a corresponding order is drawn up and signed. From this date, the employee has the right to be on vacation. No additional agreement or other documents are drawn up in this case.
Persons working under an employment contract have the right to vacation
All employees of the organization working under an employment contract have the right to paid leave for each year worked (Article 122 of the Labor Code of the Russian Federation). Moreover, an employee can take his first vacation after six months of work, counting from the date of employment. This is a legal requirement.
In principle, you can go on vacation without waiting for six months to expire from the start of work. If the administration of the organization does not mind, then the employee can be provided with leave in advance. Moreover, in most cases, providing leave in advance is the right of the organization. Only in some cases can vacation of up to 6 months of continuous work in a company be granted (for more details, see “Vacation of up to six months of work under the Labor Code of the Russian Federation”).
Let us clarify that vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment. Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.
For more information, see “Granting leave: calendar or working year.”
Comments to Art. 122 Labor Code of the Russian Federation
1. Paid leave is provided annually, according to the established vacation schedule, which is drawn up for each calendar year and approved no later than 2 weeks before the start of the calendar year.
2. When drawing up a vacation schedule, the employer takes into account the employee’s opinion, if this does not disrupt the organization’s production cycle.
3. When calculating the length of service for which an employee is granted annual paid leave, the main unit of account is the month.
4. Paid leave is provided once per working year in accordance with the schedule. The working year is 12 full calendar months from the date the employee joins the organization on the basis of an employment contract.
5. The number of days of work is less than 1 month. is taken into account only when providing additional paid leave in proportion to the time worked and payment of compensation for unused leave upon dismissal. In these cases, the number of days is less than 1/2 month. is excluded from the calculation, and half or more is rounded up to the nearest month.
6. Leave for the first year of work is provided to employees, as a rule, after 6 months. continuous work in the organization, except for the cases specified in the commented article and in other regulations, when leave is granted before the expiration of this period.
For the second and subsequent years of work, vacations are granted at any time of the year, except for the cases specified in the commented article, taking into account the vacation schedule and the employee’s wishes, if this does not disrupt the normal functioning of the organization.
7. The vacation schedule is a local normative act, which is drawn up by the employer taking into account the opinion of the elected body of the primary trade union organization no later than 2 weeks before the start of the calendar year.
8. Leave should not, as a rule, begin earlier than the working year for which it is granted. In addition, when drawing up a vacation schedule, it is necessary to comply with the provisions of the commented article, since for some categories of employees the right to use vacation before the expiration of 6 months is established as a benefit. continuous operation.
How much?
The Labor Code establishes a minimum duration of 28 calendar days.
Important! 28 days of vacation time are due for each year worked at work.
Moreover, the working year is taken minus the following periods:
- absenteeism;
- inadmissibility to work due to the fault of the employee;
- child care time up to 3 years;
- leave without pay in excess of two weeks.
To calculate how many vacation days are due for each month worked, you need to use a simple formula.
Vacation for 1 month = Total duration for the year / 12 months.
That is, the annual duration is divided by the number of months in the year.
In most cases, for employees who do not belong to special categories with an increased length of vacation time, they have the right to count on 2.33 days of rest per month (28/12).
It is this rounded number that is used by the personnel specialist when calculating the required number of vacation days at a specific point in time.
An employee does not always request leave clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the time worked, and for this the number of vacation time per month will be useful.
This indicator is also useful when calculating compensation upon dismissal, when the vacation period in months is determined, which is then multiplied by the required number of vacation days per month. As a result, the total duration of vacation time for the entire period is determined.
Then it is enough to subtract the number of days already used, and the result is the duration for which you need to pay monetary compensation.
An example of using the indicator 2.33
The employee was hired on January 10, 2020, and will go on annual leave from September 1, 2019. How many days of vacation should he be provided and paid for?
- The total length of service giving the right to paid rest is established: 7 months. and 23 d. 23 are rounded up to a full month, for a total of 8 months of experience.
- The number of allotted rest days is calculated = 8 * 2.33 = 18.64.
- Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation duration.
For an incomplete monthly period
With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are due, or no vacation is provided at all. There can be no other cases.
This is important to know: How many days of vacation are required by law in 2020?
If an employee worked less than 15 days in a month, then this period is not the basis for assigning vacation time.
If 15 or more hours are worked, then it is recognized as a full month and is compensated by 2.33 days of rest.
This point is usually interesting when an employee is dismissed, when it is necessary to calculate compensation for unused time, as well as when vacation is taken for an incompletely worked year.
The employee is leaving on February 7, 2020. Vacation experience is 2 years, 4 months and 16 days. During work, 42 days of rest were used. It is necessary to establish for what period compensation must be paid upon dismissal.
- Vacation experience is calculated in full months (16 days are taken as a month, since more than half of it has been worked), the total length of service is 29 m.
- The allotted vacation time for this period is calculated: 29 * 2.33 = 67.57.
- The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be calculated.
Who is entitled to a longer rest?
Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter by dividing the annual duration, taking into account the main and additional components, by 12.
The following persons may be included in this category:
- minors;
- disabled people;
- doctors;
- teachers;
- police officers;
- judges;
- working in dangerous and harmful conditions;
- civil servants;
- workers with irregular work schedules, as well as a number of others.
What types of leave are provided by law?
Chapter 19 of the Labor Code of the Russian Federation is devoted to vacations. Based on the norms of this chapter, all vacations can be divided into:
- Paid;
- Unpaid, or as they are otherwise called “at your own expense”.
- Vacations with preservation of earnings are provided to all citizens registered with the organization under an employment contract. However, the duration of such vacations may vary. Highlight:
- Basic vacation. Its duration is 28 days. Such leave is granted to each employee;
- Extended vacation. This is a vacation longer than 28 days. It is provided to certain groups of employees on the basis of the Labor Code of the Russian Federation. So, for example, according to the law, minors are entitled to 31 days, and disabled people - 30.
The Labor Code of the Russian Federation contains the obligation of the manager to provide some citizens with additional vacation days. For example, employees with irregular working hours are entitled to 3 additional days of rest. Additional days are also provided to citizens who work in the Far North and other citizens established by the Labor Code of the Russian Federation.
It might be interesting!
How to calculate compensation for unused vacation upon dismissal
Calculation of vacation pay for six months
Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.
The amount an employee will receive when going on vacation depends on three components:
- Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
- Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.
It should be noted that when calculating average daily earnings the following are not taken into account:
- Sick leave, vacations, business trip payments;
- Awards for an anniversary or other holiday;
- Compensation for travel and food;
- Other additional payments that are not included in wages.
https://youtu.be/1rWNlFgvxh0
Cash taken into account when determining the average salary
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Based on the Regulations, the average salary is calculated on the basis of payments made to a citizen by the company (Resolution of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating the average salary”) More details:
- earnings - salary, hourly payments, interest on revenue, commission plan awards, etc.;
- earnings given to a citizen in kind;
- material maintenance provided for the period worked by a state or municipal employee;
- payments to people working in the media and cultural workers;
- remuneration of teachers for extra time worked, less workload for a given academic year, accrual time is not an important factor;
- various types of additional payments - for secrecy, knowledge of foreign languages, extensive experience, class management (for educational institutions);
- compensation paid for unsuitable working conditions;
- other bonuses and payments.
Excerpt from Decree of the Government of the Russian Federation dated December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating average wages”
Important ! It is worth noting that social compensation is not taken into account - this is material assistance, compensation for lunch, travel, education, etc.
Calculating vacation pay using a calculator
A competent accountant, knowing the formulas for calculating vacation pay, can calculate the required amount manually. But knowing the formulas alone is not enough; you need to constantly be aware of innovations in the Legislation, monitor the release of new orders and resolutions, and study them. To make the work of accountants and HR officers easier, there are special programs that can instantly make the necessary calculations, taking into account all the updates.
For the convenience of calculations, you can use the online vacation pay calculator on our website.
Sample application
New changes in legislation do not establish a unified application form. Important data such as:
- Full name and position of the manager, company;
- Full name and position of the employee;
- document's name;
- request to provide leave, start and end date;
- date and signature.
After 6 months of work, the law requires vacation, which is paid. It is available in full, regardless of working for less than a full year, and is calculated based on the billing period and average earnings.
Is it possible to go on vacation without working for six months?
Newly arrived employees may wonder whether it is possible to take a vacation earlier than after 6 months of work.
This is often associated with the emergence of unforeseen circumstances, new plans, etc. The Labor Code of the Russian Federation allows it to be provided to an employee earlier than the due date. To do this, it is enough to reach a joint agreement.
However, employers are often wary of the risks associated with providing leave in advance. For example, such an employee may decide to quit, which will create some inconvenience in the final settlement. That is why it is not always possible to realize the possibility of resting ahead of schedule; it all depends on the specific situation.
Calculation examples
What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:
Example 1
Example 2
The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2020, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?
Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.
Example 3
The engineer got a job in October 2020, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2020, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?
Example 4
The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?
This is important to know: Application for leave before maternity leave: sample 2020
When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.
Rules for calculating average daily earnings
To clarify the question you are interested in, you must:
- First, find out information about the calculation period.
- Determine the amount of payments issued to the citizen during this time period.
The calculation includes the calendar year until the start of the vacation.
Accounting for months in the calendar is done like this:
- January: from 1st to 30th inclusive.
- February: from 1st to 28th inclusive.
- March: from 1st to 31st inclusive.
- The remaining months are calculated similarly.
When calculating vacation pay, the days worked by the employee before the vacation are taken into account.
Example one . How to find out the calculation period?
A citizen wants to go on vacation from 07/10/19.
How then is the calculation period calculated:
- time from July to December '18;
- time from January to June '19.
How is the calculation made?
There are three components to consider:
- billing period;
- average daily earnings;
- number of days of rest.
The employee's pay period is determined taking into account the time worked. If the employment was six months ago, it is equal to 6 months. To calculate average earnings, all wages that were paid during the billing period are summed up. The resulting number is divided by the number of days worked by the employee.
- Total salary = 12500*3 + 18000*3 + 5000 = 96500.
- Average earnings per day = 96500/29.3*6 = 549.
- Vacation pay = 549*14 = 7686.
For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.
How is it paid?
Payment is carried out according to the same principle as in the standard case. When making calculations today, accounting uses programs that, if the data is entered correctly, independently calculate the amount of vacation pay.
When calculating manually, the amount of average earnings is multiplied by the number of vacation days. Payments are transferred 3 days before leaving for vacation.
How much leave can an employee be given after 6 months of work?
If an employee has worked for 6 months, is he entitled to a vacation of 28 calendar days? How to correctly calculate vacation pay if vacation is granted for 28 calendar days, but the employer plans to pay only 14 calendar days of it?
In accordance with part one of Art. 21 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to rest, which is ensured, among other things, by the provision of paid annual leave. Part two art. 22 of the Labor Code of the Russian Federation obliges the employer to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts. According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. The duration of the annual basic paid leave provided to employees is 28 calendar days.
Paid leave must be provided to the employee annually (part one of Article 122 of the Labor Code of the Russian Federation). That is, the employee has the right to use such leave in the first year of work for a particular employer. The right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer; by agreement of the parties, paid leave can be granted to the employee before the expiration of 6 months (part two of Article 122 of the Labor Code of the Russian Federation). The employees specified in part three of Art. 122 of the Labor Code of the Russian Federation, upon their application, the employer is obliged to provide leave before the expiration of 6 months of work.
Labor legislation does not provide for the possibility of providing annual paid leave in proportion to the time worked by the employee. An exception is the case when leave is granted with the subsequent dismissal of the employee before the end of the working year for which the leave is granted (part two of Article 127 of the Labor Code of the Russian Federation). In addition, in proportion to the time worked in harmful or dangerous working conditions, additional paid leave may be granted for work in appropriate conditions, since the vacation period in this case includes only the time actually worked in harmful or dangerous working conditions (part one of Article 117, part three of article 121 of the Labor Code of the Russian Federation).
If an employee quits before the end of the working year, for which he has already received annual paid leave, the employer will have the right to withhold from the employee’s salary part of the average earnings paid for unworked vacation days. However, such deduction is impossible if the employee is dismissed on the grounds provided for in paragraph 8 of the first part of Art. 77 or pp. 1, 2 or 4 parts of the first art. 81, pp. 1, 2, 5, 6 and 7 tbsp. 83 Labor Code of the Russian Federation.
Please note that annual paid leave can be divided into parts, and at least one of the parts of this leave must be at least 14 calendar days. However, such a division can only take place by agreement between the employee and the employer (part one of Article 125 of the Labor Code of the Russian Federation). The employer does not have the right to unilaterally divide annual paid leave and provide the employee with only 14 days of such leave.
Expert of the Legal Consulting Service GARANT
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| The husband was registered for work in March of this year. In July, the entire team traditionally goes on vacation for 29 days (issued in a single order). 6 months have not yet passed since my husband’s employment. The husband asked what he should do. The accounting department said “At your own expense. This is how we organize everything.” Does this comply with the law? How to proceed? Is it possible to apply for regular paid leave, but in this case before the expiration of 6 months? How to arrange all this - for 29 days (the duration of the vacation is indicated in the contract). |
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| Olga Nikolaevna [email hidden] Belarus, Grodno Wrote 3034 messages Write a private message Reputation: 574 | #2[486515] May 14, 2020, 21:16 |
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| pfp [email hidden] Belarus, Minsk Wrote 10 messages Write a private message Reputation: | #3[487255] May 25, 2020, 15:55 |
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| Sergey [email protected] Belarus, Grodno Wrote 16546 messages Write a private message Reputation: 1771 | #4[487259] May 25, 2020, 16:02 |
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Pereat mundus et fiat justitia.| mariyatab [email hidden] Republic of Belarus, Minsk Wrote 1411 messages Write a private message Reputation: 156 | #5[487264] May 25, 2020, 4:16 pm |
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| pfp [email hidden] Belarus, Minsk Wrote 10 messages Write a private message Reputation: | #6[487265] May 25, 2020, 16:20 |
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Silence is gold. And all the evil comes from him. Sex is also a form of movement.| Sergey [email protected] Belarus, Grodno Wrote 16546 messages Write a private message Reputation: 1771 | #8[487268] May 25, 2020, 4:24 pm |
pfp wrote:
And the labor code says
Are these “other cases” provided for in this organization?
pfp wrote:
How not to quarrel with your employer
If both have taken a principled position, they will have to quarrel. Or one of the two must give in, suppress his principles and agree with the other side.
I want to draw the moderator's attention to this message because:Notification is being sent...
Pereat mundus et fiat justitia.| mariyatab [email hidden] Republic of Belarus, Minsk Wrote 1411 messages Write a private message Reputation: 156 | #9[487269] May 25, 2020, 4:26 pm |
Quote:
The accounting department said “At your own expense. This is how we organize everything.”
Little does the accounting department say, very often they take the initiative into their own hands, let him go to his immediate superior and ask for 14 k.d. work. leave, and part of social leave without pay, for example. Since you need to take a vacation in any case. This is the first time I’ve heard this, that everyone would be sent on vacation at the same time. And who works during this period, just the accounting department or what?
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How many days of rest can an employee who has worked for six months or more take?
Newly employed citizens should always know how many days of vacation are due after 6 months of work according to the Labor Code. According to Article 115 of the Labor Code of the Russian Federation, in the standard case it is 14 days.
However, there are certain categories of employees for whom the duration of total annual paid leave exceeds 28 days. They may be given a different duration of rest after working for more than six months in a new place.
The final calculation of the duration of vacation can be done in the employer’s human resources department.
Application for leave after six months of work - sample according to the Labor Code of the Russian Federation
The Labor Code of the Russian Federation does not establish specific deadlines for submitting an application for vacation days. Each organization must have a special schedule, which is monitored by the human resources department. The HR representative must provide notice to the employee 14 days prior to the vacation period. This time is allocated for processing the order and calculating vacation payments.
Vacation payments are accrued no later than 3 days before the vacation. A sample application for leave after 6 months of work includes:
- personal data of participants in the procedure;
- request for a vacation period.
In the case when an employee wants to rest for all 28 days, then this duration must be indicated, and if he leaves for another period, a certain period must be indicated here. Be sure to sign the document and put the actual date. The application must be approved and signed by the immediate supervisor, after which it must be submitted to the personnel department.
The procedure for granting vacation days
To get the opportunity to rest after working for 6 months, it is advisable to draw up an application.
The entire process for the employee will require a certain execution sequence:
- drawing up an application for leave indicating the duration and date of the first day or exact time limits;
- approval of the application from the manager;
- submission of an agreed application to the HR department;
- signing of the order by the interested party.
Leave 6 months after employment is granted only after all documents have been completed. In some organizations, if an employee goes on vacation as scheduled, filing an application is not required. If the company has a vacation schedule and the employee does not fit into it, an additional application for transferring rest days will be required.
However, if an employee came to work this year and is not included in the schedule, then after 6 months of service he can go on vacation as agreed with the employer.
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If you haven’t worked for half a year, can you go on vacation?
Allowing a new employee to take annual vacation is an employer’s right, not an obligation. He may refuse to grant leave if there is a production need for a specialist. The employee must exercise his right to basic paid leave within a year. The employer is obliged to control this.
By law, if the reporting period ends, he must send on vacation an employee who has not yet gone on vacation. Employers are responsible for unused vacations. The employee, in turn, can refuse leave and ask for its replacement with monetary compensation. This issue is resolved by agreement of the parties to the labor relationship.
The subordinate has the opportunity to use this right only once every two years. It is prohibited to refuse the main vacation for two, three or more years in a row.
