Last week, I, an employee of a manufacturing company, contacted the HR department to apply for leave, but was refused - the HR officer replied that I had already taken my vacation this year. This news came as an unpleasant surprise to me, because I had already planned a trip to the sea with my family.
The personnel officer told me when I could take my next vacation and explained how vacation days were counted throughout the year. In this article I have collected all the information that, I hope, will help you understand how vacation is calculated and how vacation pay is calculated.
Minimum vacation period
Let's start with the fact that during the year you have the right to take at least 28 days of vacation. This right is guaranteed by Article 115 of the Labor Code of the Russian Federation and the employer is obliged to fulfill it.
28 days of vacation can be taken as a whole, that is, you can take 28 calendar days off continuously, or divided into parts. The vacation can be divided into parts at your request, but one of the parts should not be less than 14 calendar days.
In other words, out of 28 days, you must take 14 days of unbroken vacation, and you can divide the remaining 14 days at your discretion (for example, take 2 days as needed). This procedure for registering leave is provided for in Art. 125 Labor Code of the Russian Federation.
Life situations
In the letter in question, officials responded to the question of whether the company should provide leave to an employee whose grandfather died. The Ministry noted that in this case, the Labor Code of the Russian Federation allows an employee to be released on vacation, since the death of a close relative is a valid reason for a break in work. According to paragraph 3 of Article 14 of the Family Code, close relatives include relatives in a direct ascending and descending line (parents and children, grandparents and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters.
note
Labor legislation does not provide for documentary evidence of close relationship.
Thus, the employee is not required to prove that the relative is really close; the main thing is that an application for such leave is completed and submitted to the employer.
How to calculate vacation days
In order to calculate the days of vacation you are entitled to, it is not at all necessary to contact the HR department. You can totally do this yourself. To do this you need:
- find out the exact day you started working (you can look at a copy of the employment contract or ask the HR department);
- decide on the day to go on vacation;
- count the number of months from the date of hiring to the date of the planned vacation.
For each full month of work you are credited with 2.33 days of annual leave. Thus, after working for 9 months (from February to September), you are entitled to 21 days of rest (2.33 days * 9 months).
Let's look at an example. 04/01/2019 Kramarenko S.P. got a job at Gladiator LLC. In October 2020, Kramarenko decided to go on vacation. During his time working at Gladiator, Kramarenko “accumulated” 14 days of vacation (2.33 days * 6 months).
When can you take a vacation?
Following the letter of the law, you can take a vacation only if you have worked at the company continuously for at least six months. That is, if you get a job in May 2020, you will be able to take a vacation no earlier than November.
In this case, you will “accumulate” 14 calendar days of vacation, which can be “taken” inseparably or divided. At the same time, you can “split” your vacation only on the condition that during the year you take “continuous” vacation - 14 days.
Let's look at an example. Kuleshov V.D. got a job at Zodiac LLC on June 1, 2019. He will be able to go on vacation no earlier than December 2019. For 2020, Kuleshov will be accrued 16 days of vacation (2.33 * 7 months), which he can use entirely or divide into 14 days and 2 days.
Unplanned vacation
It all probably started when I said at work that I would go on vacation in the fall, saying I didn’t want to go on vacation in the summer.
But it’s not for nothing that they say: man proposes, but God disposes! My Mentors immediately taught me a Lesson.
Volodya Kostin, Guardian 3 of Crystal No. 9 invited me and Nadya Kozlova to visit him in July. Having written at the same time that they will have an International Festival, many interesting people will come, there will be bards, etc. What to do?
My friends and I started planning our trip to him by car. But my Guides during channeling said: “Gulnara will not be able to go. Call Nadya and discuss the trip with her.” As they said, that’s how it happened! Gulnara's mother ends up in the hospital.
Meanwhile, at work, I told my partners that I urgently needed to go on vacation and was going to Vladimir. She said and began to watch the unfolding of a beautiful process... My colleagues themselves found a replacement for me, and the vacation schedule was shifted, as I needed. I only had time to thank my Angels and girls for their active work.
The closer I got to my vacation, the more clearly I began to understand that I didn’t want to go to Vladimir by train - it involved two transfers and a 4 km walk, and yes, there were no tickets in this direction for the date I needed. And so, 12 days before the vacation, in the evening an SMS comes from Nadya - come visit, and we will go on vacation to Bolshoi Utrish. It sank inside me, and I felt a wave begin to rise, on which it would take me to where I want most - this is B. Utrish... The sea, rocks, juniper forest and good company.
The wave turned out to be quite big!!! The round trip tickets were purchased without any problems, and all matters were resolved as expected by the start of the trip.
B. Utrish...just recently I didn’t know anything about him, and now I’m here. We settled into the best hotel, the best room. How could it have been otherwise? Because I deserve it!!! Mountains, relict juniper forest... You can slurp the air with a spoon, and if you close your eyes, you instantly dissolve in it. I and the world around me become One! In the morning and evening - swimming in the sea, during the day - walks in the forest, in the evening - meditation in a clearing in the forest. The nights did not exist, waking up one morning, I caught myself thinking that one long, long day was dragging on. Time has disappeared, it has collapsed into a point. It was a real vacation!
Immediately on the second day we went on an attraction at the Dolphinarium. I decided right away that I wanted to swim with dolphins. No sooner said than done. At one point Nadya suddenly hesitated, there were a lot of people, everyone was watching, but I persuaded her. The second time such an opportunity may not exist, you will regret it all your life. She agreed. I don't know how to convey the emotions I felt touching and swimming with the dolphins. I whispered to them all the way: “My dear ones, I love you so much! You and I are United. We are the Essence of one Whole." My delight knew no bounds. Nadya was also overwhelmed with emotions of love and gratitude for these amazing and intelligent creatures.
And then a story happened to us that shocked Sasha, Nadya’s husband, so much that he remembered it for a long time. We went for a walk in the canyon. If before this we went to the mountains together with Sasha, then this time Nadya came with us. Let's go... and there are many paths in the forest, it's no wonder you get lost... And just as we entered the forest, suddenly a black Doberman dog comes down from the side of the hill towards us. I started turning my head, hoping to see the owner, although I immediately noticed that the dog was without a collar. Instead of the owner, two more exactly the same black dogs appear. There are already three of them, absolutely similar to each other. They began to circle around and settled down behind each of us, one by one. All three of us tensed - although the dogs were purebred, they were without a collar and an owner. We continue to move on, but as it turned out later, we all simultaneously began to send them, the dogs, our love!!! Yes, just in case!!!
We walk, remain silent, puff a little, after all, the road is uphill. In one place we stopped, and Nadya and Sasha argued about where to go, which path to take, and the dogs ran without stopping, one after another in single file and into the bushes, onto a completely different path. What to do? We are behind them!!! As it turned out, we did the right thing; the dogs knew the road to the canyon better than we did. It began to seem that they were specially accompanying us. I suddenly understand that they gave us Guides, and apparently not in vain.
We stop to rest and the dogs rest, we move and the dogs are nearby. This started to amuse us. Everything happened in silence. We reached the canyon, I immediately felt the energy of anxiety. It’s strange, I thought, the place is very beautiful, but there is anxiety in my soul... We decided to go upstairs. I will say right away that it is very difficult, the climb is steep, and everything constantly crumbles, there is nothing to grab onto. The dogs split up and accompanied each of us. Mine walked with me step by step, sticking out her tongue from the heat. Nadyusha remained on the rise on a small platform, and Sasha and I began to rise higher. He told me along the way what a beautiful view there is from above! One dog stayed with Nadya, and two followed us. We made the climb with great difficulty, took some photos and decided to go even further. But suddenly we hear two dogs barking. What is this? They were silent the whole way, did something happen to Nadya? Sasha and I, without saying a word, return to her, but she hurries to meet us and asks: “What happened, your dogs started barking?” We ask her the same counter question: “Are you okay? Are your dogs barking here?” We look around, and there is no trace of the dogs. They disappeared into space, as if they were not there. We decide to return home.
Later, the next day, the owner of our hotel told me that there had been deaths in this place, and the Ministry of Emergency Situations was repeatedly called, so the road to the canyon further was blocked with a grid, there was no further passage. Like this. It turns out that the dogs accompanied us all the way and did not allow us to go further with their barking. Mystic? All the remaining days, Sasha hoped to meet these dogs, but I already knew that we would not see them again. The guides did their job and left. Thank you.
I also visited the dolmens, which are 20 km from Gelendzhik on the Zhane River. I had such a strong impression there! Emotions! I arrived tired, but so happy that I didn’t want to swim in the sea. I had fresh impressions of the energy of Zhane water!!!
Sasha and Nadya said that they have little idea what dolmens are, that it’s a bit far away, and so on... I went alone.
All the way, guide Tatiana entertained us with legends and myths of the Caucasus... We arrived at the dolmen reserve, it turned out to be private property!? We walked at a brisk pace through the beautiful forest for seven kilometers. Everywhere there are benches for relaxation, old-style cafes, and along the way we listen to Tatyana about these places. And here is the first dolmen “Fulfillment of desires”. Everyone rushed to him and surrounded him, sorry, like “flies.” They stood there, put their hands on them, listened... I got worried... I waited until the crowd subsided and put their hands on me too. I stand, listen... silence. There is no flow of energy, it is just a stone. I am disappointed in myself, in my abilities. How so? I don't understand anything. Go ahead…
Again dolmen - “Power of the Spirit”. I asked Tatyana to take a photo of me, in case something appeared in the frame, this happens in Arkaim.
Again we walk deep into the forest, and the places around are amazing! The trees are tall, connected overhead, the sky is hidden. Fabulous! Lo and behold, the goblin will appear!!!
We came to the river, there is a small waterfall. And since the bottom of the mountain river is completely stone, in some places gaps form in the form of stone bowls. The first cup is of Love.
What I saw filled me with delight in my Soul! Imagine - heat, after a night of rain, strong evaporation. Fast walking, the whole group is wet, steamy, and here - such a bath! Water temperature 15-16 degrees! Wow! Not for the weak!!! While Tatyana was telling another legend, I got into the water... It burns, but this makes my whole body hot! The current is so strong that I have to constantly hold on to the stones in the water, it blows me away...
I run to catch up with the group. We came to the following bowls: Aphrodite and Hercules. I’m already in a swimsuit, while others are wrinkling, I’m falling into Aphrodite’s cup! And I fill myself with vibrations of love, beauty, youth!!! At the same time, I hold on with my hands and feet so that it doesn’t blow out of the cup... I really want beauty and youth. )) I see that the women from the group are hesitating, afraid, the water is burning. I remember a proven method, and I suggest everyone - make a wish, it will definitely come true. And if you plunge yourself headlong three times, all your sins will be washed away! What started here!!! Everyone climbed into the water, even men, and began to dip little children... Everyone liked it so much that they started swimming in other bowls too, wherever they could.
The pleasure was such that I didn’t want to leave and part with this place. On the way back, it turned out that I forgot my towel at Aphrodite's bowl, and I had to go back for it. I once again made sure that my Mentors care about me. The whole group went ahead to the bus, I caught up with them alone. I reached the “Power of the Spirit” dolmen, two girls were sitting and chanting mantras. Silence, no one. Grace!
This is the moment! I leaned against the dolmen, stood, listened... The energies came, a picture appeared - a large fiery orange ball, and streams flowed towards it. The streams are alive, swaying like plasma. For a moment, I felt uneasy - what if it gets delayed? I just thought: I need to install a damper - it’s done. Again the thought - why? It was good after all! Work with your Divine Couple. I see a man in a burning caftan appearing from a circle of flames, with a burning staff in his hand! A prince from a fairy tale... I remembered the fairy tale: from wormwood to flame! I think: how do you look, take off your fiery clothes. Reset. Wow, such a man!!! I threw myself on his neck, I've been waiting for you for so long! We held hands and began to spin... To be honest, I had a hard time stopping, I wanted to be in this Flow and be!
Again there is a hint - you stand for a long time, the group is waiting for the bus. I reluctantly moved away from the dolmen.
I ask the girls: “Do you work with energy?”
They: - Yes.
Me: - Do you feel the Flow here? Why is there silence at the first dolmen?
The girl, the one who sang the mantras, answered me:
- It was brought there from another place, there is a small one standing next to it, there is a Stream there. In general, the dolmens themselves do not mean anything, but the place on which they stand is the Place of Power. There is something like this nearby, the dolmen is destroyed, and the Stream is strong. Come on, I'll take you with you.
We approached a new place and, indeed, as I approached it, the hairs on my arms and legs stood up... Such energy!! I stood for a few minutes, and, thanking the girls and this place of power, I ran to catch up with my group. They were already waiting for me. I slept all the way back to Utrish. And the touch of Zhane’s water did not leave me for several more days. And I felt the Flow of the dolmen “Power of the Spirit” from a distance. I love you!
That's all I wanted to share with you. Upon arrival home, in Chelyabinsk, I felt a strange state - my physical shell existed separately from me, my Soul remained in Utrish, and Consciousness was watching me from somewhere above!!! It took me a few days to get myself together!
This is how my unplanned vacation went.
And I demand a repetition of the “banquet”!!!
Irina Govorushko.
Chelyabinsk
30.07.2012
How to calculate additional vacation days
If you have a disability group or work in the field of education, then you have the right to receive additional leave. Also, “extended” leave is granted to civil servants, employees of the Ministry of Emergency Situations, employees of the prosecutor’s office, etc.
In such cases, the vacation period for each category of citizens is determined by the relevant laws, in particular, the provisions of the Labor Code of the Russian Federation. For example, employees with disabilities have the right to rest for at least 30 days during the year. This means that for each month of work, such citizens are “credited” with 2.33 days and 2.5 days of vacation.
Let's look at an example. Shuvalov S.L. – storekeeper of LLC “Farmer”, disabled group III. Shuvalov got a job at Farmer in December 2020. In July, Shuvalov took leave for 14 calendar days (07/16/18 – 07/29/18).
During the period of work in “Farmer”, Shuvalov was accrued 17.5 days of vacation (2.5 days * 7 months, from December 2020 to June 2019), of which he used 14 in July (the balance is 3.5 days).
How to count vacation days including weekends and holidays
If weekends fall within the period of your vacation, they are included in your vacation in the general manner and reduce the amount of annual vacation “accumulated” by you during the year.
If holidays fall during your vacation, your vacation is increased by the holidays, but the total period of accrued vacation does not decrease due to the holidays.
Let's look at an example. Gavrilenko E.D., driver of Trans Service LLC, went on vacation 2 times in 2020:
- for 3 days (from 05/07/18 to 05/09/18);
- for 14 days (from 06/11/18 to 06/24/18);
- for 5 days (from 07/16/18 to 07/20/18).
Since 05/09/18 is a public holiday, Gavrilenko’s May vacation was extended by 1 day (Gavrilenko went to work on 05/11/18).
For 2020, Gavrilenko was accrued 28 days of vacation, of which he used (3 + 14 + 5). This means that Gavrilenko can rest for another 6 days before the end of the year.
Sudden vacation: how to prevent violations (Vavilova I.)
As you know, employees must take annual paid leave according to the schedule. However, sometimes the life circumstances of employees develop in such a way that vacation is suddenly required, and the employer, meeting the employees halfway, agrees to provide it. Let's talk about what needs to be taken into account in such situations in order to prevent violations.
General rules
The order of provision of annual paid leave to employees is determined by the schedule. The head of the company or individual entrepreneur must approve it no later than two weeks before the start of the calendar year, that is, no later than December 17 (Part 1 of Article 123 of the Labor Code of the Russian Federation).
For your information. If an organization or individual entrepreneur does not have a vacation schedule, they may be fined (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). In particular: - officials - in the amount from 1,000 to 5,000 rubles; — businessmen — from 1,000 to 5,000 rubles; — legal entities — from 30,000 to 50,000 rubles. Repeated violation entails: - for officials - a fine in the amount of 10,000 to 20,000 rubles. or disqualification for a period of one to three years; — Individual entrepreneur — from 10,000 to 20,000 rubles; — legal entities — from 50,000 to 70,000 rubles.
The vacation schedule is mandatory for both the employee and the employer (Part 2 of Article 123 of the Labor Code of the Russian Federation). Moreover, it applies to both existing employees of the company and those entering the company for work during the calendar year. If the parties agree, the vacation schedule can be violated. As Rostrud indicated in letter No. 2286-6-1 dated 08/04/2010, granting an employee leave with his consent in periods other than those provided for in the leave schedule cannot be regarded as a fact that worsens the employee’s situation. However, to provide vacation at other times, changes must be made to the vacation schedule.
For your information. Certain categories of employees, in cases provided for by the Labor Code of the Russian Federation and other federal laws, are granted leave at their request. So, for example, the employer is obliged to provide annual leave at the request of the employee while his wife is on maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation), at the request of the employee - before or immediately after maternity leave, or at the request of the employee. the end of parental leave (Article 260 of the Labor Code of the Russian Federation). Spouses of military personnel, at their request, leave is granted simultaneously with the leave of military personnel (Clause 11, Article 11 of the Federal Law of May 27, 1998 N 76-FZ “On the Status of Military Personnel”), combat veterans - at any time convenient for them (Article 16 of the Federal Law Law of January 12, 1995 N 5-FZ “On Veterans”). In such situations, appropriate changes are made to the vacation schedule based on the employee’s application.
What is the danger?
By providing an unplanned vacation to an employee, when the employee wants to go on vacation almost tomorrow, the main thing that the employer may face is not having time to pay vacation pay three days before it starts, as established by Part 9 of Art. 136 Labor Code of the Russian Federation. And even if the employer took this step for the sake of a valuable employee who found himself in a difficult situation, responsibility cannot be avoided. The Ministry of Labor of Russia, in a letter dated August 26, 2015 N 14-2/B-644, explains that the norm of Part 9 of Art. 136 of the Labor Code of the Russian Federation is imperative (mandatory) in nature and has no exceptions. Therefore, if the employer fails to pay vacation pay no later than three days before the start of the vacation, he may be fined. For violation of the terms of payment of vacation pay, the organization and its manager or individual entrepreneur may be brought to administrative responsibility (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation): - officials - in the amount of 1,000 to 5,000 rubles; — Individual entrepreneur — from 1,000 to 5,000 rubles; — legal entities — from 30,000 to 50,000 rubles. As you can see, by meeting an employee halfway, a company or individual entrepreneur can seriously pay for their kindness. However, a way out of this situation can be found.
What should I do? What to do?
There are three most possible options for how to provide an employee with a sudden vacation and not violate the deadlines for issuing vacation pay. The first thing you can think of is to first provide the employee with leave without pay, and with annual paid leave starting from the day following the day the leave without pay ends. According to Art. 128 of the Labor Code of the Russian Federation, an employee for family reasons and other valid reasons may be granted leave without pay. This maneuver will allow you to meet the deadline for paying vacation pay.
Example. On May 15, 2020, an employee of Plamya LLC, due to family circumstances, requested leave for 16 calendar days from May 16, 2020. The employer decided to accommodate the employee and grant leave. In order not to violate the deadline for paying vacation pay (the employer did not have three calendar days left to pay for vacation), we decided to grant him leave without pay from May 16 to May 19, 2020, and from May 22, 2020 for 10 calendar days days - part of the annual paid leave. On May 15, 2020, the employee wrote two applications: to provide leave at his own expense from May 16, 2020 and to provide annual paid leave for 10 calendar days from May 22, 2020. Vacation pay was paid to the employee on May 19, 2017, that is, three calendar days before the start of the vacation, as required. As a result of such registration, the interests of the employee were respected and the rules established by Part 9 of Art. 136 of the Labor Code of the Russian Federation on the timing of payment of vacation pay.
If an employer provides its employees with unpaid leave, then it is necessary to keep records of them. This is due to the fact that, according to Part 1 of Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes the time of vacations provided at the request of the employee at his own expense, not exceeding 14 calendar days during the working year. Vacation time (vacations) without pay exceeding 14 days is not subject to inclusion in the specified length of service. The second possible option that can be used if an employee needs to be given a sudden vacation: if the employee has time off, you can provide them first, and then apply for the vacation. Third: document the leave later than it was actually granted. Many companies that agree to provide an employee with sudden leave release him on the dates he needs, while in the application for leave the start date of the leave is indicated with a margin of the required three days. An oral agreement is concluded between the employee and the employer, according to which the employee goes on vacation three days earlier and, accordingly, returns from vacation also three days earlier. This method is not legal, because in the timesheet you will have to enter attendance instead of vacation, and then vacation instead of attendance. However, many companies that are confident in the reliability of their employees and want to meet them halfway do this. At the same time, without violating the deadline for paying vacation pay.
For your information. Often, personnel service workers and accountants involved in payroll calculations are asked the question: in which days, calendar or working days, should the minimum period for payment of vacation pay be counted. This period must be determined in calendar days. It also includes non-working days (Part 3 of Article 14 of the Labor Code of the Russian Federation). The countdown of the period begins on the day of filing the application for leave (Part 1 of Article 14 of the Labor Code of the Russian Federation). Therefore, if an employee goes on vacation on Monday, he must be paid vacation pay no later than Friday (letter of Rostrud dated July 30, 2014 N 1693-6-1). That is, it turns out that Friday is the last day; the employer can pay vacation pay earlier.
If the employer does not want to provide sudden leave, he may refuse, citing a violation of the vacation schedule. Moreover, there will be no violations here, since the vacation schedule is mandatory for both him and the employee (Part 2 of Article 123 of the Labor Code of the Russian Federation). The Constitutional Court of the Russian Federation, in its ruling dated November 17, 2009 N 1385-О-О, indicated the impossibility of changing the vacation schedule by decision of only one of the parties.
When can I take my next vacation?
I learned from a friend of mine that his boss denied him leave, citing the fact that my friend had already gone on leave a month ago. Having turned to the legislation and talked with the personnel officer at my company, I found out that the actions of my friend’s boss were illegal!
If you were on vacation, for example, in May, this does not mean at all that you cannot relax in June. The days worked between the first and second vacation also do not matter. The main condition is that the period of work for vacation must be at least six months.
Not a good reason
In all other situations, the employer should be very picky. Thus, a “last minute trip” or an unexpected holiday of friends cannot be grounds for extra-curricular leave. Of course, the management of the enterprise, at the request of the employee, can provide days of rest, but the accounting specialist needs to carefully monitor compliance with the law. For example, it is important not to violate the Labor Code of the Russian Federation in Part 9 of Article 136 - payment for vacation no later than three days before it starts. The norm is imperative (mandatory) and does not allow other options. A delay in the payment of vacation pay will entail the obligation to reimburse it with interest according to the rules of Article 236 of the Labor Code. If this offense is discovered, for example during an inspection, the employer may be held administratively liable.
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