Which employees have priority rights to vacation during the summer?

Grounds for granting priority rights to summer vacation

In addition to the right to work, every citizen of Russia also has the right to rest. This provision is enshrined in the main law of the country - the Constitution. It is implemented in various ways. One of them is the legally regulated provision of an annual paid vacation period to all workers.

The rules relating to this procedure are contained in Chapter 19 of the Labor Code of the Russian Federation. It regulates the grounds for obtaining leave, its duration and registration rules.

Article 122 of the Labor Code of the Russian Federation separately stipulates the order in which vacations are received in an organization. As a general rule, the right to an annual rest period arises after working for 6 months in a given company. But certain groups of working citizens acquire this right earlier.

The law classifies as such workers who are under 18 years of age and women who are pregnant. They are given the opportunity to preferentially choose their vacation period, including in the summer.

Preemptive right when choosing vacation time according to shopping mall

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Personnel. Labor law for personnel officers", 2009, N 12 Question: In the article by B. Chizhov “Vacation season 2009” (7/2009) categories of workers are indicated who have the right to use their vacation in the summer or at a time convenient for them, in particular women having two or more children under 12 years of age.

And T. Savina’s answer (8/2009) states that such benefits are not provided for women with children. Please list the relevant regulations that define the categories of employees who have these benefits.

Answer: B. Chizhov indicates as one of the categories of workers who are granted leave at a time convenient for them, women with two or more children under the age of 12 years. T. Savina, answering the question of whether a woman with one young child has such a benefit, uses the plural, saying that “women with children” do not have such benefits.

https://www.youtube.com/watch{q}v=RvsgJExIcGc

The priority right to vacation during the summer period is granted to some employees of the Labor Code of the Russian Federation and other federal and regional regulations. From this material you will find out who can use it.

The order of granting leave is regulated by Article 122 of the Labor Code of the Russian Federation, according to which every employee has the right to annual leave, but the order of granting leave depends on many factors. Most employees want to go on vacation in the summer, but if there is a shortage of staff or in a large organization, not every employer has the opportunity to provide summer vacation to each of the employees.

The schedule for employees to go on summer vacation according to the Labor Code is regulated by the vacation schedule, which is drawn up in the organization in advance. As a rule, the employer tries to take into account all wishes and circumstances when compiling the list, but in case the rights of the worker are not taken into account, each employee should know who has the right to take a vacation in the summer out of turn.

Important

The provision of annual basic paid leave at a convenient time to labor veterans in the Moscow region is established by paragraph 6 of paragraph 1 of Art. 3 Law of the Moscow Region dated March 23, 2006 N 36/2006-OZ “On social support for certain categories of citizens in the Moscow Region”; - donors who donated blood and (or) its components (except for blood plasma) forty or more times, or blood and (or) its components twenty-five or more times and blood plasma in the total amount of blood and (or) its components and blood plasma forty times, or blood and (or) its components less than twenty-five times and blood plasma in the total amount of blood and (or) its components and blood plasma sixty or more times, or blood plasma sixty or more times, are awarded the badge " Honorary Donor of Russia" (clause 1, paragraph.

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There is a contradiction here, since Article 123 of the Labor Code of the Russian Federation says that such benefits can only be established by federal law. However, until the adoption of the relevant federal law, all resolutions and other legal acts continue to be in force to the extent that they do not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation). As we see, the question of the possibility of applying these provisions is currently controversial; only the legislator or the judiciary can resolve this dispute.

From the Labor Code of the Russian Federation The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year. The vacation schedule is mandatory for both the employer and the employee.

The rules relating to this procedure are contained in Chapter 19 of the Labor Code of the Russian Federation. It regulates the grounds for obtaining leave, its duration and registration rules.

The law classifies as such workers who are under 18 years of age and women who are pregnant. They are given the opportunity to preferentially choose their vacation period, including in the summer.

New vacation rules (labor legislation).

In addition to regulation at the federal level, the right to priority choice of vacation time can also be secured by regional and local legislation.

It should be taken into account that the Labor Code in Art. 423 also prescribes to be guided by acts of the Council of Ministers of the USSR: Decree No. 235 dated January 22, 1981 On measures to strengthen state assistance to families with children and Order No. 2275r dated October 30, 1985.

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These regulations give the opportunity to choose a comfortable period for rest for women who have two or more children under 12 years of age, and for fathers raising a child alone.

According to Art. 122 and art. 260 of the Labor Code of the Russian Federation, women who are pregnant have the right to receive leave regardless of the length of the time period that they worked for a given employer. The law allows them to use annual leave in addition to maternity leave. In this case, the organization has to deviate from the schedule of pre-planned vacations.

Note! Part 3 art. 123 of the Labor Code of the Russian Federation states that the husband of a woman who is on leave due to pregnancy and childbirth has the right to receive leave at this time, regardless of the schedule previously approved by the enterprise and the duration of the period of work in the organization.

The law granted a similar right to part-time workers. By including Article 286 in the Labor Code, the legislator provided citizens working part-time with an advantage in choosing a vacation period. It must coincide with the rest time at the main place of activity of this employee.

If by that time the part-time worker has not yet worked for 6 months, leave in this organization is provided to him in advance. If the duration of leave issued by the main employer turns out to be longer than part-time leave, the difference is compensated by granting leave without pay.

In order to assist citizens adopting children, labor legislation (Article 257 of the Labor Code of the Russian Federation) gives adoptive parents a special right to leave.

Its duration is longer than usual and is a maximum of 70 days. This period begins on the date of adoption and lasts until the child is 70 days old.

For employees who have adopted more than one child, leave is given until the expiration of 110 days from the date of their birth. It follows that the priority right to receive leave is given to those employees who have adopted a child under 3 months old.

This procedure applies exclusively to adoptive parents, and the special procedure for granting leave applies only to one of the spouses. Minor workers also have the right to choose the vacation time that suits them (Article 276 of the Labor Code of the Russian Federation).

The following persons have the right to plan an annual vacation at a time convenient for themselves, including in the summer:

workers under the age of 18 (Article 122, Article 267 of the Labor Code of the Russian Federation),
liquidators of the consequences of the Chernobyl accident, including those who became disabled as a result,
disabled war veterans and persons who participated in hostilities (the norms of Article 14 of Law No. 5-FZ), including combat veterans,
military spouses - in accordance with the military leave period (Article 11 of Law No. 76-FZ),
persons awarded the title of Hero of the USSR and Hero of Russia (Article 8 of Law 4301-1),
parents who have the status of having many children (Decree of the President of the Russian Federation No. 431),
military personnel whose family has three or more children under 16 years of age,
employees who have the title of honorary donor of the country, including those who received it in the USSR (Article 11 of Law 5142-1),
employees of the Antimonopoly Service of the Russian Federation, recognized as its honorary employees,
workers who are simultaneously undergoing training in educational institutions (Article 177 of the Labor Code of the Russian Federation),
part-time workers - with the right to receive vacation at the same time as at their main job,
teachers and teachers of educational institutions - during the summer holidays,
mothers and single fathers who have more than one child under 12 years of age in their family,
single parents with military status whose child is under 14 years old,
employees who, due to the needs of the organization, were recalled from annual leave. Such citizens have the right to either use the remainder of the vacation in the same year, or use it the following year, adding to the new vacation.

Is vacation included in seniority?

Above we talked about basic leave, which is provided annually with pay. In addition, the law provides for certain categories of citizens additional holidays also in the summer.

Additional leave is granted in two cases:

if it is provided for by legal norms at the federal or regional levels,
if it must be provided in accordance with the internal policy of the company and its local regulations or an employment contract.

In the second case, the provision of additional leave is entirely the initiative of the employer, so it is impossible to provide details in advance.

Can an employer refuse leave {q}

As for the legally established right to additional leave, it is given:

citizens working in harmful or dangerous conditions,
employees whose work is not standardized,
employees whose activities are of a special nature,
living in the territories of the Far North and equal to them in status,
employees who are granted labor benefits by law (for example, combatants),
working in an organization on a part-time basis,

So, the law obliges the provision of vacation during an individually selected (usually summer) period only to certain categories of working citizens. Those who do not have the appropriate benefits can only count on the friendly attitude of the administration.

It happens that the procedure established by law for granting vacations in an organization is violated, and an employee who has a benefit cannot receive vacation at the right time. For example, some employers replace summer vacation with September vacation, citing their equivalence.

Parents with many children, having three or more children.
Mothers returning from maternity leave, as well as pregnant women
Guardians of a child up to three months old.
Spouses of a person on maternity leave.
People who have not yet turned 18 years of age.
Disabled people of war.
Honorary donors of Russia.
People who were forcibly called back from legal leave can also spend the remaining number of vacation days at any time they wish.
Veterans, heroes of labor and the USSR, participants in the Great Patriotic War.
The above groups of the population have the right to priority choice of the time at which it will be convenient for them to spend their vacation, which means they can almost always have vacation in the summer, without alternating with other employees.

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

Note! Part 3 art. 123 of the Labor Code of the Russian Federation states that the husband of a woman who is on leave due to pregnancy and childbirth has the right to receive leave at this time, regardless of the schedule previously approved by the enterprise and the duration of the period of work in the organization.

In order to assist citizens adopting children, labor legislation (Article 257 of the Labor Code of the Russian Federation) gives adoptive parents a special right to leave.

Its duration is longer than usual and is a maximum of 70 days. This period begins on the date of adoption and lasts until the child is 70 days old.

Right to use

An employee who has worked continuously for 6 months for an employer is entitled to receive annual leave. In some cases, it is provided at the request of the employee and before the expiration of this period:

for female employees - before or immediately after maternity leave;
minor workers;
adoptive parents of a child (or children) who have not reached three months of age;
in some other cases provided for by the Federal Law.

Which parents of minors can take priority vacation in the summer?

The Code does not contain an article that would give the right to extraordinary leave to parents of minor children. But at the same time, acts of the USSR Council of Ministers, which give the opportunity to choose a vacation period for mothers of children under 12 years of age, continue to remain in force.

The above-mentioned resolution and order of the USSR Council of Ministers are still subject to application, as proven by judicial practice.

Thus, on June 17, 2014, the Supreme Court of the Russian Federation considered case No. AKPI14-440 on the invalidation of sub. 3 paragraph “b” of the resolution, which provides priority in choosing a vacation period for women with children under 12 years of age.

The panel of the Supreme Court of the Russian Federation considered this normative act not subject to recognition as invalid. The applicant's arguments about discrimination against childless workers were found to be groundless.

Order No. 2275r of October 30, 1985 also continues to be in force, which gives similar priority to single fathers. So, a woman who has one child under the age of 12 does not have the right to apply for leave at an extraordinary time, but a mother of two or more such children has a similar right.

Currently, the question of legislative consolidation of similar provisions is ripe. In this regard, a bill was developed to introduce amendments to the current Labor Code. It is currently under consideration by the State Duma.

Watch the video. On the order of granting annual paid leave:

Families with minor children - special attention

This question is not clear-cut. The Labor Code of the Russian Federation does not stipulate a separate rule obliging the employer to provide parents with leave at the time they desire. But Article 423 of the Labor Code allows the application of other legal acts, including orders of the Council of Ministers of the USSR.

The resolution of the USSR Council of Ministers, adopted more than 30 years ago, is still in effect today, which is confirmed by judicial practice. We are talking about holidays for mothers of two or more children under 12 years old. Thus, a mother with one minor child does not have the right to apply for a vacation exclusively in the summer, and a mother of two children under 12 years of age has the right to choose the appropriate time herself.

Resolution of the USSR Council of Ministers No. 2275r dated October 30, 1985 gives the same right to single fathers.

Priority right to leave for other categories of employees

The following persons have the right to plan an annual vacation at a time convenient for themselves, including in the summer:

workers under the age of 18 (Article 122, Article 267 of the Labor Code of the Russian Federation);
liquidators of the consequences of the Chernobyl accident, including those who became disabled as a result;
disabled war veterans and persons who participated in hostilities (the norms of Article 14 of Law No. 5-FZ), including combat veterans;
military spouses - in accordance with the serviceman's leave period (Article 11 of Law No. 76-FZ);
persons awarded the title of Hero of the USSR and Hero of Russia (Article 8 of Law 4301-1);
parents with the status of having many children (Decree of the President of the Russian Federation No. 431);
military personnel whose family has three or more children under 16 years of age;
employees who have the title of honorary donor of the country, including those who received it in the USSR (Article 11 of Law 5142-1);
employees of the Antimonopoly Service of the Russian Federation, recognized as its honorary employees;
workers who are simultaneously undergoing training in educational institutions (Article 177 of the Labor Code of the Russian Federation);
part-time workers - with the right to receive leave at the same time as at their main job;
teachers and teachers of educational institutions - during the summer holidays;
mothers and single fathers who have more than one child under 12 years of age in their family;
single parents with military status whose child is under 14 years old;
employees who, due to the needs of the organization, were recalled from annual leave. Such citizens have the right to either use the remainder of the vacation in the same year, or use it the following year, adding to the new vacation.

Who benefits from the benefit?

Base. Labor Code of the Russian Federation Art. 123 part 4, art. 260, art. 262.2, art. 267, art. 286

How it works. When the vacation schedule for the next year is approved, it may turn out that almost everyone wants to go on vacation in the summer. Or there will be an overlap: three accountants, all the cooks or two administrators will choose vacation dates in the summer. But at this time you can’t let everyone go. Then you have to choose who goes on vacation in the summer and who goes to the sea during the high season, in October.

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In such cases, preference is given to employees who have benefits. For example, the following employees can go on vacation in the summer first:

A woman who had maternity leave for the summer. Before and after this leave, she can take a regular one, even if she has worked for less than six months.
This woman's husband.
Parents with many children with children under 12 years old.
Minor workers.
Part-time workers, if the vacation from the main job falls in the summer.
Military spouses, if the husband has a vacation in the summer.
Parent of a disabled child under 18 years of age.
Heroes, disabled war veterans, Chernobyl survivors and liquidators.
Honorary donors.
Employees who were previously recalled from vacation.

But a single mother with one small child is not entitled to an advantage for vacation in the summer. And if the wife took a vacation in the summer, then the husband does not have the right to simply demand a vacation at the same time at work. Just negotiate.

Employees who have a priority right to paid vacation in the summer are:

adoptive parents of children under 3 months (Article 122 of the Labor Code of the Russian Federation);
maternity leave, before (after) leave under BiR (Articles 122, 260 of the Labor Code of the Russian Federation);
husbands of women on leave under BiR (Article 123 of the Labor Code of the Russian Federation);
workers who have not reached the age of majority (Articles 122, 267 of the Labor Code of the Russian Federation);
spouses of a person in military service (Federal Law 76 Art. 11-11);
working disabled people, WWII veterans, workers of military facilities during the WWII, blockade survivors” (FZ-5, art. 14, 16, 17,18, 19);
heroes of the Soviet Union and Russia (FZ-4301-1, art. 8);
part-time workers if they have summer vacation at their main job (Article 286 of the Labor Code of the Russian Federation);
honorary donors (Federal Law-125 Art. 23-1-1);
fathers and mothers with many children, parents of children with disabilities (Articles 262.1, 262.2 of the Labor Code of the Russian Federation).

In addition, according to Art. 128 of the Labor Code of the Russian Federation, the right to go on vacation at their own expense at any convenient time, not excluding summer, has:

WWII participants who continue to work;
old age pensioners;
family members of a military personnel;
disabled workers;
workers for family reasons, for example, the birth of a child, marriage;
parents of minors - in some cases.

Each category has its own limit on the provision of leave. One of the most common cases of going on vacation in the summer without pay is for family reasons. Its duration is up to 5 days.

Attention! If an employee has been recalled from annual leave, he has the right to use the remainder during the summer period out of turn (Article 125 of the Labor Code of the Russian Federation).

Parents with children should talk in more detail about extraordinary leaves.

Implementation of the priority right to vacation in the summer

The current procedure requires the employer to draw up a vacation schedule taking into account the opinions of all employees.

In some cases, the employee’s status may change after the schedule has been formed. One example of such cases is pregnancy or adoption of children. In such situations, the employee may apply to postpone the pre-planned rest period to another time that is more convenient for him due to the new circumstances.

You should also take into account the possibility of using vacation in parts, which is provided by Art. 125 Labor Code of the Russian Federation. The law does not indicate during what period the use of such parts of rest time should occur.

If the vacation was interrupted on the initiative of the enterprise administration, the employee can use the remaining part at a time that suits him, including during the summer.

Who has the right to use vacation at a time convenient for them{q}

Various benefits are provided for certain categories of employees. One of these benefits is the right to take annual paid leave at a time convenient for the employee. This means that such an employee can go on vacation without complying with the provisions of the approved vacation schedule and even before crossing the limit of six months of work in the organization. The employee must document the right to receive such benefits (certificates, certificates, certificates, etc.).

persons awarded the “Honorary Donor of the USSR” badge, who are citizens of the Russian Federation and permanently residing on the territory of the Russian Federation (Article 23 of the Federal Law of the Russian Federation No. 125-FZ of July 20, 2012 “On the donation of blood and its components”);
veterans, disabled people and participants of the Great Patriotic War, veterans and disabled people of combat operations on the territory of other states and on the territory of the Russian Federation (Article 14−16 of the Federal Law of the Russian Federation of January 12, 1995 No. 5-FZ “On Veterans”);
military personnel who served in military units, institutions, military educational institutions that were not part of the active army, in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or medals of the USSR for service in the specified period (Article 17 of the Federal Law of the Russian Federation dated January 12, 1995

Withdrawal from leave By agreement between the employee and the employer, annual paid leave may be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation. Article 126. Replacement of annual paid leave with monetary compensation (as amended

Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions Annual additional paid leave is provided for employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open pits and quarries , in areas of radioactive contamination, at other jobs associated with the adverse effects on human health of harmful physical, chemical, biological and other factors. (edited)

The above-mentioned resolution and order of the USSR Council of Ministers are still subject to application, as proven by judicial practice.

Although usually the wishes and family circumstances of employees are taken into account when drawing up a vacation schedule, if the rights of employees are violated, it is important to have documentary evidence that the leave was requested by the employee in a timely manner. It is necessary to write an application requesting leave for a certain time, provide the document to the manager for certification and then take a copy of it.

Also, you should never forget about documentary confirmation of the right to grant extraordinary leave, since even though in the work team it is obvious which of the employees needs leave in the first place, for legal fidelity you need to take care of bureaucratic issues. Note.

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Attention

Thus, those employees who have adopted a child who is not yet 3 months old will be able to rest during the summer months. Note: this rule applies exclusively to adoption as a form of placing children in families, while only one of the adoptive spouses is entitled to leave.

Art. 276 of the Labor Code of the Russian Federation gives the right to choose a convenient time for vacation for minor employees. Which of the parents of minors can take priority leave in the summer{q} The Labor Code of the Russian Federation does not have a separate norm that would oblige the employer to provide parents of children under 18 years of leave at the desired time based only on the very fact of parenthood, however, Art.

423 provides for the possibility of applying other legal acts, including resolutions and orders of the USSR Council of Ministers. In our case, we are talking about leave for mothers of children under 12 years of age.

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actual work time;

the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. – Federal Law of July 22, 2008 N 157-FZ.

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

Additional summer holiday

Above we talked about basic leave, which is provided annually with pay. In addition, the law provides for certain categories of citizens additional holidays also in the summer.

Additional leave is granted in two cases:

if it is provided for by legal norms at the federal or regional levels;
if it must be provided in accordance with the internal policy of the company and its local regulations or an employment contract.

In the second case, the provision of additional leave is entirely the initiative of the employer, so it is impossible to provide details in advance.

Summer vacation: who is entitled to it first by law?

The law allows them to use annual leave in addition to maternity leave. In this case, the organization has to deviate from the schedule of pre-planned vacations.

The only way out is to contact a trade union organization and try to resolve this issue through it, unless, of course, such an organization is provided at your enterprise.

Are there other categories of employees who can dictate to the employer when they need to be granted annual paid leave?

Read more about the types of vacations in this article. Separately, it is worth mentioning the population groups that have the right to be granted vacations during a certain period, which may also fall during the summer season:

Student workers are entitled to leave during the session, which usually falls in the summer. Read about the features of providing study leave on our website https://otdelkadrov.online/7048-osobennosti-predostavleniya-oplaty-uchebnogo-otpuska-v-year-godu
Spouses of military personnel have the right to be granted extraordinary leave during the period when their spouse is assigned leave.

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What to do if vacation is not given

The legislator obliges the organization to follow a pre-drawn vacation schedule. Each employee gets acquainted with this document and confirms his or her consent with a signature. If such written agreement has been carried out, it is unlikely that it will be possible to insist on postponing the rest period. This is usually only possible by agreement with management.

For “beneficiaries”, refusal to apply for leave at the right time means the opportunity to appeal such a decision. The labor inspectorate is authorized to consider such situations, but it must be taken into account that good relations with the administration are unlikely to be maintained, therefore, if possible, it is better to resolve the issue peacefully.

If the dispute cannot be resolved, you will have to file a complaint with the Labor Inspectorate (LIT).

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The complaint is drawn up in any form; the law does not provide for a specific template.

But at the same time, in order for the document to be accepted and considered, the following information should be included in the text:

last name, first name and patronymic of the person filing the complaint, his residential address and telephone number and/or e-mail address;
name of the employer, address of the organization;
the essence of the controversial situation;
signature and date of document preparation.

When stating the essence of the violation, you should adhere to an official tone. It is not recommended to include unnecessary details in the text. There is also no need to formulate your personal attitude towards the employer, especially in an incorrect form.

The information should be presented concisely, but clearly enough. It is better to start with the hiring process and then describe the events in chronological order.

Watch the video. On the priority right to provide leave at a convenient time:

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Unscheduled vacation at a convenient time

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