Rules on regular and additional leaves, approved by the People's Commissar of the USSR on April 30, 1930

Each employee takes advantage of the opportunity to take annual paid leave. The event is planned in nature, an appropriate schedule is drawn up in advance, which is mandatory for the employer and employee.

The duration of leave directly depends on working conditions, the industry where the worker performs his functions, various temporary and production factors. Knowledge of the rules about regular and additional vacations will be useful not only for specialists involved in providing vacations, but also for all other employees.

Rules for granting basic leave

Basic leave: rules for granting

Vacation is a period of time during which an employee has the opportunity to rest at the expense of the employer. Occurs after six months of continuous work. All vacation periods are divided into:

• main vacation period;
• additional vacation days.

The established minimum permissible duration of the main vacation is 28 calendar days. This is enshrined in law. The employer is prohibited from providing less than this number of days if the worker has worked a full calendar year.

Vacations are issued according to pre-approved schedules. Such documents are drawn up in the last month of the year preceding the vacation period. Applies exclusively to paid periods of rest.

Taking leave after six months of work is the right, but not the obligation of the employer. By agreement of the parties, the employee may be granted leave for a shorter period of work.

The law identifies a separate list of citizens who must be granted leave without fail and before the onset of a six-month period (upon their written application). This included:

• pregnant women who have not yet gone on maternity leave or women who have just returned from maternity leave;
• minor employees (before the age of eighteen);
• employees who adopted a baby under 3 months of age;
• other options determined by federal laws.

It should be noted that the law makes some amendments to the order of granting paid leave. In particular, certain categories of employees can request and receive vacations at a time convenient for them. These workers include:

• minors (at the time of writing the relevant application were under eighteen years of age);
• pregnant women or women just returning from maternity leave;
• men whose wives are on maternity leave;
• spouses of military personnel simultaneously with the vacation of their significant other;
• honorary donors;
• other categories of citizens defined at the legislative level.

Remember, the planning rules and the order of provision of basic leave have nothing to do with the provision of leave at your own expense. The latter are regulated exclusively by agreements between the employer and employee.

Example 6

An employment contract for an indefinite period was concluded with the employee on November 2, 2009.
The employee resigns of his own free will on December 14, 2009. It is required to calculate the number of calendar days of compensation for unused vacation upon dismissal. The duration of work in the organization was 1 month and 12 days. Vacation compensation is due to any employee who has worked for more than 15 calendar days.

The contract with the employee was concluded for an indefinite period, therefore the rules established by Article 291 of the Labor Code of the Russian Federation for employees with whom a contract was concluded for a period of up to two months cannot be applied. The amount of compensation is determined based on the generally established vacation duration of 28 calendar days. The length of service giving the right to leave is 1 month. Therefore, the employee is entitled to compensation in the amount of 28 days / 12 months. x 1 month = 2.33 days

In educational budgetary organizations, teachers and professors who resign after 10 months of the academic year have the right to receive compensation for the full duration of vacation of 56 calendar days. If a teacher resigns during the academic year, he is entitled to proportional compensation at the rate of 4.67 days for each month worked.

What is additional leave?

What is additional leave

In addition to basic rest, depending on working conditions and areas of activity, certain categories of citizens may receive extended rest. This right arises if labor functions are performed under the following conditions (under certain circumstances):

• work is performed in an environment that is harmful or dangerous to the life and health of the employee;
• in the case of the special nature of the work functions performed;
• work is performed under irregular work conditions;
• when it is necessary to work in the Far North;
• under the terms of collective agreements;
• in other cases.

It should be noted that additional leave is also paid at the expense of the employer, and its duration does not overlap with the duration of the main leave. By their legal nature, these are different periods of rest, which are summed up throughout the working year.

To whom and for what?

Who is granted additional leave?

Additional rest is provided to citizens who have special working conditions that are different from the majority. Here it is necessary to indicate that such leaves are regulated at the legislative level or are provided at the expense of the employer and are reflected in the company’s collective agreement. Based on the list of employees who are entitled to them, additional leaves can be divided into the following groups:

1. For harmful (dangerous) working conditions. To do this, the working conditions of specific employees must be checked (special assessment). And then, depending on the list of identified negative factors affecting the human body, employees receive the right to additional rest for more than 7 calendar days. The actual number of days for each workplace is determined by the employment contract and secured by collective agreement.
2. For the special nature of labor functions. Here, the conditions for obtaining additional days of rest are regulated by government regulations or regulations of a specific department. For example, doctors have the right to 3 additional days of vacation (only when continuous medical experience exceeds three years). Civil servants sent on a business trip to Chechnya can claim 2 days of additional rest for each month fully worked there.
3. For irregular performance of work duties. Regulated by the collective agreement of a specific company. The duration of rest must be more than 3 calendar days. They are established based on position, and not based on hours worked. Even if a person has never remained at work after the official end of the working day in a year, he is still entitled to additional vacation days.
4. For work performed in the Far North (and equivalent areas). Here, the duration of additional rest depends on the territory where the citizen performs a work function. When it is the Far North, the duration of the vacation is 24 days or more; territories equivalent to it - from 16 days of vacation; in other northern regions - at least 8 additional days. Both full-time and visiting employees can take advantage of this opportunity to relax.
5. In other legal cases. Here we can distinguish disabled people (must rest at least 30 days a year), citizens affected by the Chernobyl accident (they are entitled to from 7 to 14 additional days of rest), athletes and their coaches (from 4 additional days of vacation), law enforcement officers (in Depending on length of service, you can count from 3 to 15 additional vacation days).

Remember, the number of days and the procedure for establishing additional vacations are regulated by relevant laws. The employer is obliged to provide the employee with all the days of additional rest due to him or (as a last resort) to pay compensation for them, provided that the employee rests at least 14 days during the year.

Legislative framework of the Russian Federation

valid Editorial from 29.12.1962

detailed information

“RULES ON REGULAR AND ADDITIONAL LEAVES” (approved by the NKT of the USSR on 04/30/30) (as amended on 12/29/62)

APPROVED by
the NKT of the USSR on April 30, 1930 N 169
I. The right to leave

Every employee who has worked for a given employer for at least 5 1/2 months has the right to receive regular leave.

The next vacation is granted once during the year the employee works for a given employer, counting from the date of entry to work, that is, once per working year.

The employee’s right to the next regular leave for the new working year arises after 5 1/2 months from the end of the previous working year.

Employees who joined this employer in 1929 or earlier are granted leave in compliance with Art. 87.

If an employee is transferred at the proposal of a labor body or a commission attached to it, or at the proposal of a party, Komsomol or professional organization from one enterprise or institution to another, without a break in work, then the time worked at the previous employer - provided that the employee, at his own request, did not receive compensation for unused vacation during this time.

(as amended by the Decree of the People's Commissariat of the USSR dated January 31, 1931 N 32)

Example. The employee entered the plant on February 3, 1930. On July 18, 1930, he received the right to the next vacation based on the year of his work, i.e. until February 3, 1931. He will receive the right to the next leave for the second year of work until February 3, 1932 on July 18, 1931, etc.

2. There may be cases when an employee quits before the end of the working year for which he has already received leave. In these cases, when making calculations, the employer has the right to deduct from wages for unworked vacation days.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

Withholding is not allowed if the employee quits due to:

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work; b) entry into active military service;

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

c) business trips in accordance with the established procedure to a university, technical school, workers' school, preparatory department at a university or to training courses for a university or workers' school; d) transfer to another job at the suggestion of the labor body or its commission, as well as a party, Komsomol or professional organization;

d) revealed unsuitability for work.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

If the employer, having the right to withhold, was actually unable to make it at all or partially during settlement (for example, due to the insufficiency of the amounts due upon settlement), then further collection (through the court) is not made.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

: Paragraph 3 of paragraph 2 is recognized as not valid on the territory of the Russian Federation (Orders of the Ministry of Health and Social Development of the Russian Federation dated 03.03.2005 N 190, dated 20.04.2010 N 253)

This entire article applies regardless of whether the vacation is used after 5 1/2 months of work or before this period - in advance (Article 12).

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

Example. The employee arrived on January 15, 1931. He received full leave from July 15, and on August 15, 1931 he resigned of his own free will. The employer can withhold wages from him for 5 days, since the employee received 12 days of vacation for 12 months of work and did not complete 5 months of them.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

3. If an employee quits before the end of the working year for which he has already received vacation or full compensation, then the new employer’s 5 1/2-month period of work, giving the right to vacation, is calculated as follows:

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

a) if upon dismissal a deduction was made for all unworked vacation days, then the 5 1/2-month period is counted from the date of joining the new employer;

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

b) if upon dismissal the employer, having the right to withhold, did not actually make it at all or partially, then the 5 1/2-month period begins when the employee has worked for the new employer for one month for each unworked day of vacation for which wages remain unwithheld (and with an 18- or 24-day vacation from the previous employer - one month for every one and a half or two days);

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

c) if upon dismissal the employer did not have the right to withholding, then the 5 1/2-month period begins after the expiration of the working year for which the leave or full compensation was received from the previous employer; in this case, the one-year period also includes the time of a break from work after dismissal, as well as the time spent in jobs that do not give the right to leave (temporary, seasonal, etc.).

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

Example 1 (to point “b”). The employer, dismissing the employee on August 15, 1931, had the right to withhold wages from him for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the employee was ill for the remaining days of August). On September 1, 1931, the employee joined a new employer. His 5 1/2-month period for a new leave will begin only on December 1, 1931 and will expire on May 15, 1932.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

Example 2 (to point “c”). On October 1, 1931, due to staff reduction, the employer dismissed an employee who had served him since March 1, 1931 and had already used his vacation. On October 15, 1931, the employee joined a new employer. His 5 1/2-month period for a new leave will begin only on March 1, 1932 and will expire on August 15, 1932.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

4. In the 5 1/2-month period of work, which gives the right to the next vacation, the following are counted:

a) actual time worked;

b) the time when the employee did not actually work, but the employer was obliged by law or collective agreement to retain his position and earnings in full or in part (including the time of forced absence paid by the employer in case of improper dismissal and subsequent reinstatement);

c) the time when the employee, while retaining his position, did not actually work, but received benefits from the insurance fund (illness, injury, pregnancy, childbirth, quarantine, caring for a sick family member).

The rest of the time during which the worker did not actually work is not counted towards the employee.

Example. The worker entered the workshop on March 5. From April 1 to April 15, he was sick and received benefits from the insurance fund for these days; on the days of May 1 - 5, he was called up for a short-term training camp in the territorial unit; from June 1 to June 10, he did not go to work for reasons recognized by the employer as valid, but without payment for the missed time. The right to leave for such an employee arises after 5 1/2 months and another 10 days, i.e. August 30.

5. Full additional leave when working in particularly harmful and dangerous conditions according to the lists of professions established by the National Labor Convention or a collective agreement is provided if the employee actually worked in his working year in these conditions for at least 5 1/2 months in a row or with breaks. At the same time, only those days on which the employee was actually employed in these conditions for at least half of the working day established for this profession are counted towards the time worked in particularly harmful and dangerous conditions.

If an employee has worked in particularly harmful and dangerous conditions for less than 5 1/2 months in his working year, then he is granted additional leave in proportion to the time worked at the rate of one day of leave for each month worked (with a full leave of 12 working days).

When granting additional leave, Art. Art. 1, 2 and 3.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

: Clause 5 does not apply (Resolution of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated December 29, 1962 N 377/30)

6. Receipt of leave or compensation for it must be noted by the employer in the pay book and work list - in accordance with the established forms of these documents. The same note must be included in the certificate issued to the employee upon dismissal.

In all these cases, the period for which the leave or compensation was granted must be indicated (for example, “the leave was used for the period before June 1, 1931”). If, upon dismissal of an employee, the employer has the right to withhold wages for unworked vacation days (Article 2), then the employee’s documents add about or “wages remained unwithheld for so many days of vacation.”

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

If the documents submitted by the employee do not contain instructions on the use of leave at the previous job, the employer may require a corresponding certificate from the employee or request it himself from the previous place of work.

II. Duration of vacation

7. The next vacation for adult employees is granted in all cases for 12 working days, with the addition of days off falling during vacation time.

In the same amount, full additional leave is provided to employees employed in particularly harmful and dangerous conditions, according to the lists of professions established by the People's Commissariat of Labor or a collective agreement, unless these lists provide for leave of a different duration.

8. Employees with irregular working hours may be provided with additional leave as compensation for workload and work outside normal hours.

The duration of this leave in state institutions and enterprises and mixed joint-stock companies with a predominant participation of state capital cannot exceed 12 working days.

9. For minor workers who are under 18 years of age on the day the right to leave arises, as well as for all students of factory and mining apprenticeship schools and schools of mass professions, regular leave is granted in the amount of one calendar month (for example, from June 5 to July 5), but not less than 24 working days.

If these minors or students are allowed, in accordance with the established procedure, to work in especially harmful and dangerous professions listed in the NKT lists, then the next leave is granted to them in a total of one and a half calendar months, but not less than 36 working days.

III. Time and procedure for using vacation

10. Vacations are provided to employees at any time throughout the year in the order of priority established by the Labor and Labor Committee, and in the absence of the Labor and Labor Committee - by agreement of the employer with the relevant trade union body.

The priority for granting vacations for each year is established no later than January 1 of that year (for 1931 - no later than January 25, 1931).

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

Leave can be granted either sequentially to one employee after another, or simultaneously to all or some groups of employees (for example, if it is inevitable that the enterprise will be suspended for repairs).

In the event of an unexpected suspension of work in an enterprise or institution or in its individual parts (due to an accident, natural disaster, etc.), by decision of the RKK, vacations may be granted to all groups or some groups of workers simultaneously, with a deviation from the previously established queue.

11. Vacations should not be confined exclusively to the 1st and 15th of each month, but should be distributed as evenly as possible throughout the month.

12. When establishing a queue, provision may be made for granting leave to one or another employee before his or her right to leave (in advance).

Part two and example - Excluded.

(as amended by the Decree of the People's Commissariat of the USSR dated 12/14/30 N 365)

13. Leave for minor workers is provided (in the order of priority established by the RKK as a general rule in the summer. This does not deprive minors of the right to use leave at other times of the year.

14. There may be cases when an employee’s right to regular and additional leave arises at different times. In such cases, both leaves are granted to him simultaneously in full within the period determined by the RKK when establishing the general leave queue. In this case, the period of work for a new vacation for the next working year is calculated separately for the next and additional vacations.

15. Leave for a combined position is granted simultaneously with leave for the main position.

16. The employer is obliged to promptly submit for consideration by the RKK (and in the absence of the RKK - for the consideration of the trade union) a draft distribution of the vacation queue.

The employer is also obliged to notify each employee of the start and end time of his vacation. Notification is made no later than 15 days in advance by posting relevant notices in workshops, departments and other places of work.

Employees receiving leave on an individual basis (for example, when rescheduling their leave) must be notified by written notice.

If, by decision of the RSC, leave is granted to a group of employees out of turn due to an accident, natural disaster, etc., then notification of the employees about the time of their leave must be made no later than two days in advance.

17. The next or additional leave must be postponed to another period or extended in the following cases:

a) in case of temporary incapacity for work of an employee, certified by a sick leave certificate (certificate of incapacity for work);

(as amended by Resolution of the USSR Council of Ministers dated 06.12.56 N 1586)

b) in case of involvement of an employee in the performance of state or public duties;

c) in case of arrest of an employee;

d) in other cases provided for by special regulations.

The employer has the right to require the employee to submit documents proving the impossibility of using vacation at the appointed time.

In addition, at the special request of the employee, the vacation must be postponed even if the employer did not notify the employee in a timely manner about the time of his vacation or did not pay wages for the vacation in advance before the start of the vacation.

18. If the reasons preventing the employee from going on vacation occurred before it began, then the new period of vacation is determined by agreement between the employer and the employee.

If these reasons occur while the employee is on vacation, then the period for returning from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.

These days are paid by the employer if, by law or contract, he was obliged to pay the employee’s wages during the performance of state or public duties or during the arrest.

When vacation is extended due to temporary disability, the employer does not pay for additional days.

Example 1. An employee went on vacation on September 15 for a month. From October 1 to October 10, he was sick and received a sick leave certificate and benefits from the insurance fund. His leave should be extended until October 25, without payment by the employer, since thanks to the issuance of benefits, the additional days were already paid when the leave was granted. But if the employee has not received sick leave, the vacation cannot be extended.

Example 2. An employee, while on vacation, was summoned to court by an expert for 3 days. The vacation must be extended by 3 days with payment for these days according to average earnings.

19. Transfer of the entire vacation in cases other than those specified in Art. 17, is allowed by agreement of the employer and employee or by decision of the RKK, and division into parts of the next vacation (including summed up) is by agreement of the employer and employee.

In the absence of the specified conditions, transferring and splitting vacation is not allowed.

IV. Maintaining your position and earnings during vacation

20. Dismissal of an employee who is on regular or additional leave is not permitted, except in the following cases:

a) complete liquidation of an enterprise or institution;

b) suspension of work in an enterprise or institution as a whole for a period of more than one month for production reasons;

c) entry into force of a guilty verdict in a case directly related to work in a given enterprise or institution;

d) in the case when dismissal is made in order to clean the apparatus in the first or second category.

21. During the employee’s stay on regular or additional leave, his average earnings are retained.

Payment of earnings is made on the eve of the start of the vacation.

22. If during the employee’s stay on vacation his salary has changed, then recalculation with the employee in connection with this change is not made, except in the case of an increase in the fixed rate or the employee’s salary paid on a time basis. The enterprise or institution is obliged to pay this employee the difference between the old and new rate or salary for the period from the date of the increase in pay.

Recalculation is carried out in all cases where errors are detected in the calculation of wages.

: Clause 22 has lost force in terms of the procedure for calculating average earnings for vacation pay and payment of compensation for unused vacation (Resolution of the All-Russian Central Council of Trade Unions dated 02.02.36 (Minutes No. 164))

V. Summation of vacations and compensation for vacations

23. Failure to provide the next vacation in the current year is permitted only if the provision of vacation to a given employee may adversely affect the normal course of work of the enterprise or institution.

To not provide leave, an agreement between the employer and the employee and approval of this agreement by the pricing and conflict commission is required. If an agreement between the employer and the employee is not reached, the issue is resolved by the RKK in a conflict manner.

24. Failure to provide regular vacations for two consecutive years is prohibited.

25. It is prohibited to refuse to provide regular leaves to minors, as well as additional leaves in particularly harmful and dangerous professions - except in cases of dismissal of an employee.

26. In addition to cases of direct non-provision of leave (Article 23), leave is considered not used (in whole or in part) due to the fault of the employer also in the following cases:

a) if the vacation remains unused due to the employer’s failure to take measures to establish a vacation queue;

b) if the vacation, which was subject to mandatory transfer, was not transferred to a new term.

27. In case of non-use of vacation (in whole or in part) due to the fault of the employer, the employee must be paid monetary compensation for the unused vacation or next year the vacation must be extended for the unused period.

To sum up the leave, an agreement between the employer and the employee concerned is sufficient. Summation of leave in case of disagreement of the employer or employee, as well as any payment of monetary compensation for leave (except in cases of dismissal) is allowed only by decision of the RKK.

An employee’s refusal to use vacation within the prescribed period without agreement with the employer, and if an agreement is not reached, without the permission of the RKK, does not give the employee the right to compensation or summation of vacation.

28. When dismissing an employee who has not used his right to vacation, he is paid compensation for unused vacation.

At the same time, employees dismissed for any reason who have worked for this employer for at least 11 months, subject to credit towards the period of work giving the right to leave, receive full compensation.

Employees who have worked from 5 1/2 to 11 months also receive full compensation if they quit due to:

a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;

b) entry into active military service;

c) business trips in the prescribed manner to universities, technical schools, workers' faculties, preparatory departments at universities and training courses for universities and workers' faculties;

c) transfer to another job at the suggestion of labor bodies or their commissions, as well as party, Komsomol and professional organizations;

d) revealed unsuitability for work.

(Part three as amended by the Decree of the People's Commissariat of the USSR dated August 13, 1930 N 267)

In all other cases, employees receive proportional compensation. Thus, proportional compensation is received by employees who have worked from 5 1/2 to 11 months if they leave for any reasons other than those indicated above (including at their own request), as well as all employees who have worked less than 5 1/2 months, regardless of the reasons for dismissal.

29. Full compensation is paid in the amount of average earnings for the period of full leave.

Proportional compensation is paid in the following amounts:

a) for a vacation of 12 working days - in the amount of daily average earnings for each month of work subject to credit towards the period giving the right to vacation;

b) for a vacation of 24 working days and for a month’s vacation - in the amount of two days’ average earnings for each month;

c) for a one-and-a-half-month vacation - in the amount of three days, and for a two-month vacation - in the amount of four days' average earnings for each month.

When calculating the period of work giving the right to compensation, Section I of these Rules is applied accordingly.

Example 1. An employee started work on June 1, 1930 and quits on March 1, 1931. He is entitled to receive compensation for 9 months of work, i.e. for a vacation of 12 working days - 9 days, for a vacation of 24 working days and a month's vacation - 18 days, for a one and a half month vacation - 27 days, and for a two-month vacation - 36 days based on the daily average earnings.

Example 2. An employee started work on March 1, and from June 1 was transferred to a workshop with hazardous working conditions. Upon dismissal on August 1, he will receive compensation: for the next vacation - for 5 months of work, and for an additional one - for 2 months, and a total of seven days' earnings.

30. Compensation for vacation extended on the basis of a collective or written labor agreement or on the basis of a mark in the pay book is paid in accordance with the vacation period established in the contract or pay book.

In other cases of extension of vacation that is not obligatory by law, the employer is obliged to pay compensation in accordance with the generally established vacation period.

When summing up vacations, extended vacations are included in the calculation in all cases in full.

31. In case of part-time work, compensation for leave not used for the position being combined is paid on a general basis.

32. Vacation compensation is paid at the end of the year of work, except in cases of dismissal of the employee.

33. In the event of the death of an employee, compensation for leave is paid on a general basis.

VI. Final provisions

34. When paying wages or compensation for vacation, average earnings are calculated in the manner prescribed by the Resolution of the Council of People's Commissars of the USSR on July 25, 1935.

(as amended by the Resolution of the All-Russian Central Council of Trade Unions dated 02.02.36 (Protocol No. 164))

35. When calculating the terms of work that give the right to proportional additional leave or compensation for leave upon dismissal, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to a full month.

34. When paying wages

35. When calculating the terms of work that give the right to proportional additional leave or compensation for leave upon dismissal, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to a full month.

35-a. In institutions and in the management apparatus of enterprises of the socialized sector (on the boards of trusts, associations, etc., but not in plant managements), these Rules apply with the following additions:

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

a) During each month, 8-9 percent of the total workforce should go on vacation. In 1931, it was allowed to increase this rate to 12-15 percent from May 15 to October 1 (due to the incomplete preparedness of resorts and holiday homes for work throughout 1931). Deviations from these standards are allowed only in bodies related to the maintenance of seasonal work.

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

The simultaneous provision of vacations to all employees of an institution or its individual parts is allowed only in cases where this is caused by production conditions (for example, when it is inevitable to suspend work for the duration of repairs).

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

Example. The institution has 200 employees. Consequently, 16 to 18 employees must go on vacation during each month. Since vacations should be provided evenly throughout the month, it is possible, for example, to provide vacations on the 3rd, 13th and 23rd, or the 7th, 17th and 27th, etc. - so that in each of these periods 5 - 6 workers go on vacation, and in total 16 - 18 workers per month.

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

b) Extension of vacation due to unused days off is prohibited.

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

c) It is prohibited to grant leave without pay, except in cases where they are provided for by special laws (for example, laws on the assignment of young specialists to work after graduating from universities and technical schools).

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

d) When going on vacation, transferring unfinished work to other employees is not allowed.

(as amended by the Decree of the People's Commissariat of the USSR dated January 19, 1931 N 21)

36. In cases where special regulations establish special rules for granting leave for certain categories of employees (in particular, for workers in areas with particularly harmful climatic conditions), these Rules do not apply to the extent that they contradict these special regulations. The rest of these Rules apply on a general basis.

Special Rules on additional leave for particularly harmful climatic conditions are attached (not given).

: Clause 36 actually lost force due to the approval of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, as well as Instructions on the procedure for applying the List

37. For employees who joined this employer before July 16, 1929, the 5 1/2-month period of work giving the right to leave from this employer in 1930 is counted from January 1, 1930.

For employees who joined between July 16, 1929 and January 1, 1930, the period is also counted from January 1, 1930, if they acquired the right to proportional leave or proportional compensation on the basis of a collective agreement in 1929. Otherwise, the period is counted from the date of entry into work.

For employees for whom the period of work giving the right to leave for 1930 is counted from January 1, 1930, the working year in further work for this employer is considered from January 1 to January 1 (i.e., coincides with the calendar year).

If voluntarily dismissed on October 1, 1930, before using the vacation, the employee will receive full compensation for the 1929 vacation and, in addition, proportional compensation for 9 months of work in 1930, counting from January 1.

38. When granting vacations in enterprises and institutions in 1930 and compensation for them, these Rules do not apply to employees employed in them who, by the day these Rules entered into force, had already used their vacation for 1930 or are on vacation for 1930 .

39. For employees who were dismissed by the employer in 1930 before the entry into force of these Rules and joined a new employer in 1930, these Rules apply as follows:

a) if the employee was dismissed with proportional compensation for part of 1930, then the Rules apply to him on a general basis;

b) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 also received the right to full leave or full compensation somewhere, then the period of work for the new leave is counted from January 1, 1931;

c) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 did not receive the right to full leave or full compensation, then the period of work for a new leave is counted from the end of the year after entering work to to the previous employer.

40. Cancelled:

1) Decree of the People's Commissariat of the USSR of August 14, 1923 N 36 - Rules on regular additional leaves (Izvestia of the People's Commissariat of the USSR and the RSFSR, 1923, No. 4/28);

2) clarification of the NKT of the USSR dated August 28, 1923 N 56 on the interpretation of Art. 18 Rules on regular and additional leaves (“Izvestia of the People’s Commissariat of the USSR and the RSFSR”, 1928, No. 4/28);

3) clarification of the People's Commissariat of the USSR dated August 23, 1924 N 357/30 on the interpretation of Art. Art. 12 - 14 Rules on regular and additional leaves (“Izvestia of the People's Commissariat of the USSR”, 1924, No. 31);

4) clarification of the People's Commissariat of the USSR dated October 24, 1924 N 446/38 on the procedure for calculating compensation for unused vacation and maintenance during vacation (Izvestia of the People's Commissariat of the USSR, 1924, No. 43);

5) clarification of the People's Commissariat of the USSR dated June 16, 1926 N 132/350 on the duration of leave for persons under 18 years of age and employed in professions that give the right to additional leave due to the harmfulness of the work (“Izvestia of the People’s Commissariat of the USSR”, 1926, N 24-25);

6) clarification of the NKT of the USSR dated April 30, 1929 N 155 on the duration of the vacation (“Izvestia of the NKT of the USSR”, 1929, N 20-21).

41. In art. 1 of the Decree of the People's Commissariat of the USSR of February 21, 1928 on the working conditions of overage students of factory and mining apprenticeship schools (Izvestia of the People's Commissariat of the USSR, 1928, No. 11) excludes the word “vacation”.

Registration procedure

The vacation registration procedure consists of several stages. To do this you need to do the following:

1. Approve the vacation schedule for the next year. This is done at the end of December of the current year. This document is agreed upon with the trade union and is given to the employees under a personal signature against each name. Typically, specific start and end dates for vacations are indicated.
2. Two weeks before the start of the scheduled vacation, notify the employee in writing about this. This is done by employees of the company's HR department.
3. After receiving the notification, the employee must immediately write a corresponding statement to the manager. This is necessary to confirm that the previous agreement remains in force (you never know what could happen in a year), to give the HR officers the opportunity to issue an order, and the accounting department to calculate and pay vacation pay.
4. Place a vacation order. Pay the employee the vacation pay due to him (done before the start of the vacation). The document is prepared by personnel workers, signed by the manager, and the employee gets acquainted with the signature. From the day specified in the order, the employee can legally use rest days at his own discretion.

Remember, if the first day after the end of the vacation falls on a day that is a non-working day for the employee, he must go to work on the day of his actual work according to the schedule. If the vacation was long (several months), the date of return to work should be clarified in advance.

It is also important to note that unpaid leave due to an employee is not pre-planned. They can be provided by agreement of the parties.

Compensation for unused vacation

When can you receive compensation for unused vacation?

Quite often, employees try to receive compensation in cash for unused vacations. Of course, the law obliges employers to provide their employees with paid periods of rest so that they have the opportunity to regain their strength and introduces certain restrictions (this is not a prohibition) on the payment of compensation for the vacation due.

When a worker has taken more than 14 days of basic leave, he is an adult, is not a pregnant woman, and works under normal working conditions, he has the right to demand that the employer pay compensation for the accumulated days.

However, you will need to write a corresponding application addressed to the employer. To reduce the financial burden (especially if a long number of vacation days have accumulated), employers try to look for some compromise options. Among other things, we can highlight:

• payment of partial compensation in different months of work;
• signing for the employee a paid holiday on weekends;
• registration of leave, after which the employee immediately resigns without starting work.

Remember, all periods of rest due to an employee are summed up. As a result, the employer will be obliged to either give away or compensate for all vacation days.

Example 1

The employee was hired by the organization on March 16, 2009, and left on February 8, 2010.
During this period, he was on annual paid leave for 28 calendar days and on leave without pay for 17 calendar days. It is required to determine the number of calendar days of compensation for unused vacation upon dismissal. The period from March 16 to February 8 of the following year accounts for 10 months and 23 days. Of the number of calendar days of unpaid leave, 3 days cannot be included in the length of service giving the right to annual leave (17 days - 14 days) (see Article 121 of the Labor Code of the Russian Federation.)

Thus, the employee is entitled to vacation for a period of 10 months and 20 days. Since 20 days are more than 15 days, the employee’s length of service, from which the duration of the vacation is determined, is 11 months. In this case, the employee is entitled to full compensation for 28 calendar days. Considering that he has already used his vacation, he has nothing to compensate upon dismissal. Employees who have worked from 5.5 to 11 months also receive full compensation if they quit due to:

• liquidation of an enterprise (institution) or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;
• entry into active military service;
• business trips in the prescribed manner to universities, technical schools, and preparatory departments at universities;
• transfers to another job at the suggestion of labor bodies or their commissions, as well as professional organizations;
• revealed unsuitability for work.