How to determine the working year for the next annual leave and its duration

Vacation: concept, types, duration.

Vacation is a continuous rest period for a certain number of calendar or working days in a working year, which is provided to employees while maintaining the average salary in their position.
The legislation establishes the following types of leave:

• basic and additional;

• normal duration - basic (28 calendar days), extended (for example, according to Article 267 of the Labor Code of the Russian Federation for minor workers - duration 31 calendar days);

• paid and without salary.

The criteria for dividing leave into types are their grounds and purposes: leave for employees engaged in work with harmful and dangerous working conditions; for the special nature of the work; for length of service; workers with irregular working hours; maternity leave; study holidays.

By providing annual paid leave, the right of employees to rest is ensured. While on vacation, an employee cannot be dismissed at the initiative of the employer, with the exception of the case of liquidation of the organization or termination of activities by the employer - an individual (Article 81 of the Labor Code of the Russian Federation). According to Art. 121 of the Labor Code of the Russian Federation, the time of annual paid leave is included in the employee’s total and continuous work experience, as well as in the length of service giving the right to annual basic paid leave.

Annual paid leave is provided in each working year, which is calculated from the date of conclusion of the employment contract with a specific employer and usually does not coincide with the calendar year.

Article 121 of the Labor Code of the Russian Federation contains an exhaustive list of periods that are included in the length of service that gives the right to annual paid leave. Such periods include, for example, the time of actual work, i.e. the time during which the employee actually performed a labor function in accordance with the employment contract (Article 93 of the Labor Code of the Russian Federation); the time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position); the time of suspension of work by bodies of state supervision and control over compliance with labor protection requirements due to violation of labor protection requirements through no fault of the employee (Article 220 of the Labor Code of the Russian Federation), as well as other periods.

Article 122 of the Labor Code of the Russian Federation establishes that the right to use vacation for the first year of work arises for an employee after six months of continuous work in this organization. Before the expiration of six months, leave must be granted at the request of the employee in the following cases:

1) for women - before maternity leave or immediately after it;

2) employees under the age of 18;

3) employees who adopted a child (children) under the age of three months;

4) in other cases provided for by law.

In some cases, annual paid leave should be provided to employees at a time convenient for them. This requirement also applies to the first year of work, when leave must be provided in advance (before the expiration of six months of continuous work),

Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the priority established in the given organization (vacation schedule). At the same time, the possibility of granting two vacations for different working years in one calendar year is not excluded. The approved schedule must be communicated to all employees. In Art. 124 of the Labor Code of the Russian Federation establishes a rule according to which the employer is obliged not only to acquaint the employee with a receipt with the schedule, but also to notify him of the start time of the vacation no later than two weeks before it begins. Otherwise, the vacation is postponed to another date.

If for any reason an employee cannot use vacation on the days specified in the schedule, he has the right to contact the employer with a request to postpone it. When a vacation is postponed to another time, appropriate changes are made to the vacation schedule.

In accordance with Art. 115 of the Labor Code of the Russian Federation, employees are granted annual basic paid leave of 28 calendar days. For some categories of employees, the law establishes extended basic leave (more than 28 calendar days). Non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid.

When calculating the total duration of annual paid leave, additional paid leaves are summed up with the annual main paid leave (Article 120 of the Labor Code of the Russian Federation). As a general rule, leave is granted in its entirety, but by agreement of the parties to the employment contract, annual paid leave can be divided into parts. The legislation does not establish how many parts the vacation can be divided into. According to Art. 125 of the Labor Code of the Russian Federation, the indivisible part (at least one of the parts, not necessarily the first) must be at least 14 calendar days.

Recall of an employee from vacation is possible only with his consent. An employee’s refusal to go to work when called back early from vacation is not a violation of labor discipline and cannot lead to disciplinary sanctions. According to Art. 125 of the Labor Code of the Russian Federation, workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

In case of illness of an employee while on regular leave, the latter is subject to extension by the number of days of temporary disability.

According to Art. 177 of the Labor Code of the Russian Federation, annual paid leaves by agreement of the employer and employee can be added to additional study leaves. In this case, the annual paid leave is extended or postponed.

Article 124 of the Labor Code of the Russian Federation prohibits the failure to provide annual paid leave for two years in a row, as well as the failure to provide leave to employees under the age of 18 and employees engaged in work with harmful and (or) dangerous working conditions.

Calendar month

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:

1) state primary standard of units of time, frequency and national time scale - a state primary standard that ensures reproduction, storage and transmission of units of time and frequency with the highest accuracy in the Russian Federation, approved in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and used as original on the territory of the Russian Federation;

2) the Gregorian calendar is a time calculation system that is based on the cyclic revolution of the Earth around the Sun, in which the duration of one cycle of the Earth’s revolution around the Sun is taken to be 365.2425 days and which contains ninety-seven leap years per four hundred years;

3) calendar date - serial number of the calendar day, serial number or name of the calendar month and serial number of the calendar year;

4) calendar week - a period of time from Monday to Sunday lasting seven calendar days;

5) calendar year - a period of time from January 1 to December 31, lasting three hundred sixty-five or three hundred sixty-six (leap year) calendar days. The calendar year is numbered according to the Gregorian calendar;

6) calendar month - a period of time lasting from twenty-eight to thirty-one calendar days. The calendar month has a name and serial number in the calendar year;

7) calendar day - a period of time lasting twenty-four hours. A calendar day has a serial number in a calendar month;

local time - the time of the time zone in which the corresponding territory is located;

9) Moscow time is the time of the time zone in which the capital of the Russian Federation, the city of Moscow, is located. Moscow time serves as the reference time for calculating local time in time zones. Moscow time corresponds to the third time zone in the national time scale of the Russian Federation UTC (SU) +3.

Federal Law of June 3, 2011 N 107-FZ “On the calculation of time”

Numerical values of local time in different time zones differ by an integer number of hours. Local time in the constituent entities of the Russian Federation of the same time zone is the same. The counting of minutes and seconds is the same in all time zones;

(Clause 9 as amended by Federal Law dated July 21, 2014 N 248-FZ)

(see text in previous)

10) national time scale of the Russian Federation - an ordered numerical sequence of sizes of time units, reproduced and stored by the State Service of Time, Frequency and Determination of Earth Rotation Parameters based on the state primary standard of time units, frequency and national time scale;

11) time zone - part of the territory of the Russian Federation in which a single time established by this Federal Law is in effect.

(Clause 11 as amended by Federal Law dated July 21, 2014 N 248-FZ)

(see text in previous)

When working with banking agreements, many people have encountered the concept of “banking day”. And quite often, a misunderstanding of this concept leads to misunderstandings, since clients tend to confuse the definition of a banking day and a working day. articles:

Working day concept
What is a banking day?
How to count?
From what time to what time?
In the contract
In Sberbank
Saturday
What is the difference?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Calendar days concept

It would seem that what could be easier than finding out the deadline for fulfilling obligations, which is specified in the contract? However, how to calculate it if the contract does not say: count in calendar or working days? What if the execution time ends on the weekend? Paradoxical as it may seem, when concluding an agreement, the signatories can interpret the deadlines for fulfilling their obligations in completely different ways. In particular, they may have a different view, for example, of the days within which a product must be delivered, work performed, a service rendered, or money transferred. Most often, contracts contain such “varieties” of days as calendar, working and even banking days.

With the first category, everything is more or less clear.

https://youtu.be/eYnid9dD-RU

The procedure and rules for calculating vacation experience using examples - what to take into account and what to exclude?

The vacations of these persons cannot be transferred to the next working year, even at the request of the employees themselves.

In some cases, the employer may (but is not obligated to) provide the employee, at his request, with unpaid leave. Part 2 Art. 128 of the Labor Code of the Russian Federation lists cases when an employer is obliged, based on a written application from an employee, to provide leave without pay:

1) participants of the Great Patriotic War - up to 35 calendar days a year;

2) working old-age pensioners (by age) - up to 14 calendar days per year;

3) parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury,

received during the performance of military service duties or as a result of an illness associated with military service - up to 14 calendar days per year;

4) for working disabled people - up to 60 calendar days per year;

5) employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

6) in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

In accordance with Art. 263 of the Labor Code of the Russian Federation to an employee who has two or more children under the age of 14 years (a disabled child under the age of 18 years), a single mother raising a child under the age of 14 years, a father raising a child under the age of 14 years without a mother, collective The contract may establish annual additional leaves without pay at a time convenient for them, lasting up to 14 calendar days.

Providing an employee with leave without pay is formalized by order (instruction) of the employer. During unpaid leave, the employee retains his place of work (position). According to the provisions of Art. 121 of the Labor Code of the Russian Federation, time of unpaid leave lasting more than 14 calendar days is not included in the length of service giving the right to annual basic paid leave.

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Vacation experience: what is included in it?

TC including time:

actual work activity;
rest during which the employee retained his job (weekends, annual 28 days of rest, holidays, etc.);
forced absenteeism due to illegal removal or dismissal and subsequent reinstatement;

INTERESTING! There is a position that the time of absenteeism is taken into account in the length of service for receiving leave only if the employee is subsequently reinstated at work. If he is not reinstated at work, but only changes the wording of the grounds for termination of the employment relationship, the time of absenteeism is not included in the length of service (see.

Info

In case of illegal dismissal with subsequent reinstatement, the period of downtime gives the right to accrue a vacation period. Reasons for actual failure to perform duties that do not give the right to leave include:

Absenteeism for unknown reasons.
Removal from duties due to drunkenness, lack of occupational safety certification or medical examination.
Leave without pay for a period of more than 14 days.
Parental leave.

If the above reasons exist, the billing period from the start date of employment is extended.

However, during the billing period, the employee was granted leave without pay for a period of 1 month. By law, only 14 days of the period give the right to leave.

16 days are added to the 6 month billing period.

Attention

Sidorov A.A. has the right to leave. will only arise from May 29, 2017. An employee’s right to a full vacation period arises after 12 months of service at a given enterprise.

If an employee goes on vacation earlier than expected (after 6 months from the start of employment), he is given a portion of the vacation. Questions in a number of cases arise when determining days of additional leave.

To receive the benefit, you must work for a period of at least 11 months under special working conditions. If the employee has not worked the entire period, an additional rest period is provided in accordance with working conditions, determining the number of days by calculation.

In relation to holidays, the law establishes a different rule. According to Art. 120 of the Labor Code of the Russian Federation, holidays are not included in the number of vacation days and are added up to the vacation period.

Sick leave A period of incapacity for work that occurs while on vacation extends the period of rest by the number of days of illness. The basis for extending leave is a sick leave issued according to the rules.

Vacation leave is not extended upon registration: The employee has the right to dispose of the days of sick leave during the vacation period at his own discretion. He can extend vacation days, postpone the vacation period, or add additional days to the next vacation.

The period for transferring sick leave days is determined by agreement with the employer. Downtime The coincidence of the start date of vacation with production downtime at the enterprise does not affect the transfer or extension of vacation.

Important

For what period is regular leave granted as one of the forms of exercising the right to rest? To answer this question, it is not enough to turn to the Labor Code - you also need to study the explanations given below by the Ministry of Labor and Rostrud. For what period of work is annual leave granted? Duration of the working year Calculation of the length of service required to receive basic leave For what period of work is annual leave granted? In accordance with Art.

It refers to the time of release from work duties for the purpose of rest, paid by the employer.

The list of work conditions that give the right to additional rest is established in Articles 116–119 of the Labor Code of the Russian Federation. The benefit is provided when performing duties:

With a special nature of work.
The period and list of persons is determined by the Government of the Russian Federation.
In hazardous working conditions.
Workplaces with hazardous conditions are established by industry laws. The period of additional leave cannot be less than 7 days.
With an irregular work schedule. Provided for at least 3 days.

The possibility of receiving additional leave must be included in the internal documents of the enterprise - collective and employment agreements.

Minimum and maximum terms The terms for granting basic and additional leave are established by the Labor Code of the Russian Federation. The period is not set less than the legally guaranteed norm.

The period is recorded in calendar days.

When the employee returns from maternity leave, she should recalculate the working year giving the right to the third labor leave, according to the following algorithm. Algorithm for calculating vacation If the sum of periods included in the working year according to Art.

164 Labor Code, less than 12 full calendar months, the employee’s working year is shifted by the missing time (Article 165 Labor Code). In order to shift the working year after the employee returns from care leave, it is necessary: 1) determine the number of calendar days from the start of the working year until the day care leave is granted (in our case, this is 15 calendar days (the period from 03/25/2010 to 04/08.

2010 and the period of maternity leave (126 or 140 calendar days), total 141 or 155 calendar days)); 2) determine the number of calendar days that must be added to the date of exit from social care leave. This means that the employee retains a working year that gives the right to labor leave, since the dismissal of employees who have agreed to continue their employment relationship during the reorganization does not is produced.

If the employee refuses to continue working in the same profession or position, the employment contract is terminated in accordance with clause 5 of part two of Art. 35 of the Labor Code (refusal to continue work in connection with a change of owner of the property and reorganization (merger, accession, division, spin-off, transformation) of the organization) (part three of Article 36 of the Labor Code).

If employees, in the event of a reorganization of the organization, refuse to continue working in the same profession or position, such employees are dismissed by the relevant employer, with whom the employees have employment agreements (contracts), with payment of severance pay in the amount of at least 2 weeks of average earnings.

Question

The employee was hired on October 21, 2010. She takes annual leave for the period 2010. for a period of 14 calendar days from 05.10.11 to 05.23.. From 06.06. to 08.11. goes on maternity leave. From 09.11. — parental leave for a child up to 3 years old until 16.08. d. Return to work on 17.08. d. How to calculate the period for granting annual leave in this case.

We invite you to read: How many days of vacation are required per year for part-time work?

In accordance with the Rules on regular and additional vacations (approved by the People's Commissariat of Labor of the USSR on April 30, 1930 N 169), upon dismissal of an employee who has not used his right to vacation, he is paid compensation for unused vacation.

The working year is a legal concept intended for the legal regulation of labor and some social leaves of employees in an employment relationship.

A working year is a period of time equal in duration to 12 months, but starting for each employee not from January 1, but from the day of hiring for a given employer. Each subsequent working year is calculated from the expiration date of the previous one, and not from the end of the next vacation (for example, for an employee hired by the company on February 1, the first working year expires on January 31, the second begins on February 1 and ends on January 31. ).

However, the end date of the working year and the beginning of the next working year may be shifted if the employee had periods excluded from the length of service giving the right to leave (Part 2 of Article 121 of the Labor Code of the Russian Federation).

the time an employee is absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);

vacation time without pay, lasting more than 14 calendar days per year;

time of parental leave until the child reaches three years of age.

An employee's stay on these vacations extends his working year.

For example: An employee was hired on October 21, 2010. She takes annual leave for the period 2010. for a period of 14 calendar days from 05.10.11 to 05.23.. From 06.06. to 08.11. goes on maternity leave. From 09.11. — parental leave for a child up to 3 years old until 16.08. G.

Return to work 17.08. G

The first working year was fully worked out for the employee. this is the working year from 10/21/2010 to 10/20. The period of maternity leave, as well as annual leave, will include the length of service for leave. Accordingly, during this period the employee is entitled to 28 calendar days of leave. In fact, the employee used 14 days.

21.10.-08.11. = 0 months 19 days

12 months – 1 working period

17.08. – 27.07. = 11 months 11 days

21.10. – start date of the second working year

08.11. – the last working day before the employee goes on parental leave;

17.08. – first day of work after returning to work from maternity leave

27.07. – calculated by the end of the working period.

Taking into account the shift in the end of the working year, our period turned out to be from 21.10. to 27.07. During the specified working period, the employee has the right to 28 days of vacation.

Another calculation can be used. employee's working year from 21.10. to 20.10.. By 20.10. you need to add the number of days of parental leave used by the employee. As a result, the result should be the same.

The next working year of the employee is from July 28. until 27.07..

Info

Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, this is the period of time provided for rest for employees of most companies. Study the nuances of granting additional leave using the materials on our website: Thus, the first thing you need to do before calculating calendar days for calculating leave is to determine the employee’s length of service in the organization.

Payments included in the calculation of vacation pay must be recorded in the company’s local regulations (for example, in the Regulations on Remuneration) and accrued for labor, for work, that is, they must be wages.
In the calculation of average earnings for vacation pay, only those days (hours) should be included in which the employee was present at work, according to the schedule established for him, and performed the work provided for in the employment contract concluded with him upon employment.
If an employee is granted leave in parts, then for each part the billing period will be determined anew.
Employees with whom an employment contract has been concluded for a period of up to two months, and employees hired to perform seasonal work, are granted leave in working days.
Average earnings for annual additional paid leave are determined by the same rules as for the main one.

days on a business trip, paid and unpaid leave;
sick leave for temporary disability and pregnancy and childbirth;
additional days off for caring for disabled children and children with disabilities;
days of idle work of an employee (for reasons depending on the organization and beyond) and release with full or partial pay.

The period for calculating vacation payments is the 12 months preceding the vacation.

How to determine the working year for the next annual leave and its duration

In this case, non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid. This means that if the vacation falls on such days, then it is, as it were, extended.

If an employee is granted additional paid leave, then when calculating the total duration of annual paid leave, they are summed up with the main one.

Sometimes an employee, due to valid reasons (for example, illness), cannot fully use his vacation. For such cases, the law provides for an extension of vacation, i.e., postponing the date of return to work by the number of days on which the employee, if he were not on vacation, would still be relieved from performing work duties for other valid reasons.

Annual paid leave must be extended in the following cases:

• temporary disability of the employee;

• the employee performs state duties during his annual paid leave, if the law provides for this by exemption from work;

• in other cases provided for by laws and local regulations of the organization.

Procedure for granting annual paid leave

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work

arises for an employee after six months of continuous work with a given employer.
At the same time, the length of service that gives the right to annual basic
paid leave includes:

• time of actual work;

• the time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position);

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

• other periods of time provided for by the employment contract, collective agreement, other local regulatory act of the organization.

At the same time, this experience does not include:

• the time the employee is absent from work without good reason, as well as his legal removal from work

• time of maternity leave;

• vacation time without pay lasting more than seven calendar days.

When deciding on an employee’s right to paid leave, only the time worked for a given employer is taken into account. However, in cases where an employee was employed by an organization by way of transfer and did not use leave at his previous place of work, he: has the right to demand the first leave from the new employer, based on the total six-month length of service at the previous and new place of work.

By agreement of the parties to the employment contract, the first paid leave may be granted to the employee before the expiration of six months of his continuous work. However, for some employees the employer is obliged

upon their application, provide such leave before the specified period, namely:

• for women - before maternity leave or immediately after it;

• employees under 18 years of age;

• employees who have adopted a child (children) under the age of three months;

• in other cases provided for by federal laws. Vacation for the second and subsequent years of work is granted at any time of the working year in accordance with the priority established in the organization. This priority is determined annually in accordance with the vacation schedule,

approved by the employer, taking into account the opinion of the elected trade union body no later than two weeks before the start of the calendar year.

The vacation schedule is mandatory for both the employer and the employee. This means that if, for example, an employee independently, without taking into account the date of granting him leave according to the schedule, “went” on vacation, then this is equivalent to absenteeism. Likewise, if the employer does not comply with the priority schedule for granting vacations, then this is considered a violation of the rights of employees with corresponding consequences. The employee must be notified of the start time of the vacation no later than two weeks before it begins.

Certain categories of employees, in cases provided for by federal laws, are granted annual paid leave at their request at a time convenient for them. For example, at the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization.

Postponement of vacation

for another period is possible by agreement between the employee and the employer, if the employee was not paid on time during this vacation or the employee was notified about the start time of the vacation later than two weeks before it began.

Transferring vacation to the next working year

permitted with the consent of the employee in exceptional cases when the provision of leave in the current working year may adversely affect the normal course of work of the organization. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

In any case, it is prohibited to fail to provide annual paid leave for two years in a row, as well as to employees under the age of 18 and to employees engaged in work with harmful and (or) dangerous working conditions.

The legislation allows for the division of vacation into parts, in which a certain number of vacation days are used during the period provided for the next vacation, and the remaining number is transferred to another time. Division of leave is possible only by agreement of the parties, so if, for example, an employee does not respond to the employer’s initiative, then no one has the right to oblige him to give his consent. When dividing vacation, at least one of its parts must in any case be at least 14 calendar days.

Recall from vacation is permitted only with the consent of the employee. The part of the vacation not used in connection with the recall 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.

Under no circumstances (even with the consent of the employee) is it permitted to recall from vacation workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions.

Replacement of vacation with monetary compensation is possible only at the initiative of the employee if the duration of the vacation exceeds 28 calendar days. In this case, upon the employee’s written application, monetary compensation replaces that part of the vacation that exceeds the specified period. It is not allowed to replace vacation with monetary compensation for pregnant women, employees under the age of 18, and employees engaged in heavy work and work with harmful and (or) dangerous working conditions (i.e., the same categories of employees for whom recall from vacation is prohibited ).

In case of dismissal, the employee is paid monetary compensation for all unused vacations upon final settlement with him. However, upon a 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.

Date added: 2015-01-15; ;

as of January 25, 2005

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According to Art. 163

Labor Code of the Republic of Belarus
the working year
for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the date of hiring.

Each working year is calculated not from the end date of the next vacation, but from the date of hiring. So, if an employee was hired on March 20, 2001, then the working year for his vacation will be determined from March 20, 2001 to March 20, 2002, etc.

Thus, the concept of “working year” for calculating vacation differs significantly from the concept of “calendar year,” which implies a period of time, for example, from January 1, 2001 to January 1, 2002, although the working year is equal in length to the calendar year.

The legislation provides for cases when, when calculating labor leave, the working year may shift by certain periods of time. We are talking about those periods of time that are not included in the actual time worked (see Art.

Distinctive features

Every working day generates income , but not every calendar day is paid by the enterprise.
When an employee of an enterprise has to go on vacation, he is entitled to it in calendar terms. Moreover, this period includes not only the time that he would be busy at the workplace, but also weekends. But when calculating earnings, only working days are taken into account.
During the working day, an employee of an enterprise is employed at the enterprise , fulfilling all the terms of the employment contract. He does not have the right to leave the territory of the enterprise without permission without a good reason. Otherwise, he will face fines, deprivation of part of his salary, and dismissal. If the calendar day is a day off, holiday or vacation, non-visiting the enterprise is natural.
may arise between the employer and the employee in the case of calculating working hours. A misunderstanding arises if the contract specifies the labor period in working days, and the conflicting parties have different interpretations of this concept. If it is impossible to reach a common opinion, you have to turn to the courts.
According to judicial statistics, most often the judge decides to calculate the period in calendar days . After all, it may happen that the last day of the working period falls on a day off/holiday. Therefore, taking into account such nuances, the Civil Code and regulations state that the concept of “calendar day” should be adhered to. Even one overdue day, which was unknowingly counted as a working day and not a calendar day, can deprive someone of the opportunity to demand repayment of a monetary debt or make claims against the enterprise.

People and societyComment

Working year: what periods to take into account

165 TK).

An employee may be granted only one leave of absence per working year. Vacations for the second and subsequent years of work by the employer are granted at any time of the working year in accordance with the priority of vacations, including in advance. Labor leave in accordance with Part 1 of Art. 166

of the Labor Code of the Republic of Belarus for the first year of work is provided to employees after at least 6 months of continuous work with a given employer. The exception is cases provided for in parts 2, 3, 4 of Art. 166 of the Labor Code of the Republic of Belarus, under which employees are granted labor leave until the end of 6 months of work. It is not permitted to grant labor leave in advance before the start of a working year that has not yet begun.

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Periods not included in the vacation period: list

Last modified: January 2020

Any officially working citizen has the right, in accordance with Articles 114 and 122 of the Labor Code of the Russian Federation, to receive annual paid leave of at least 28 calendar days. A clear explanation in Article 115 of the Labor Code of the Russian Federation. A prerequisite is the continuous duration of work in one organization for at least a year. There are periods that are not included in the vacation period.

These include:

excommunication from the workplace without providing documentation indicating the reason for leaving;
unpaid leave for more than 14 days;
the period of time caring for a child until he reaches the age of three.
Exemption from work activities due to:
failure to comply with disciplinary obligations;
untimely presentation of a medical record with a routine examination. In this case, the inspection must be paid for in advance by the management and a special day allocated for completion.

If an employee does not bother to undergo the examination on time, then he is sent a warning letter about suspension if he fails to comply with the requirement within ten days. After the expiration of time, if the required document is not presented, the worker is not allowed to work and this period is not included in the length of service for calculating annual leave.

Looking at the list above, the question arises: is sick leave included in vacation pay? The answer is stated below.

Periods included in the vacation period:

documented time for performing work activities;
while on business trips:
annual paid days of well-deserved leave;
public days off;
official holiday “vacations”;
temporary suspension of a worker due to health problems upon presentation of documentary evidence from a medical institution (hospital).
rest with the upcoming birth of a baby (maternity leave);
the period of undergoing advanced training at an educational institution that has valid accreditation upon provision of the relevant documentation;
the time of removal of the worker from work due to the clarification of certain circumstances related to his work;
the period allotted for visiting a medical institution in order to undergo the necessary examination;
the time of suspension of an employee for untimely provision of a medical examination due to the fault of the employer;
the period of time allotted to the worker for a break when participating in days of blood donation by donors;
non-remunerated rest time not exceeding two weeks;
the period of time associated with the suspension of the organization’s work due to an internal investigation or inspection by special organizations;
downtime caused by management.

Changing the vacation period upon dismissal

Resigning due to transfer to another position within the organization does not entail an interruption of the vacation period. In this case, no compensation payments are implied.

The vacation period will be interrupted upon dismissal from one institution for placement in another place of work.

If during the calculation it is revealed that there are required vacation days, then compensation will have to be paid in accordance with Article 127 of the Labor Code of Russia.

https://youtu.be/_xv1ua6XwDs

If a layoff occurs, the employee is notified in advance in writing. Management must then provide the worker with another suitable position.

If the employee is satisfied with this fact and continues to work in this institution, then the vacation periods do not change.

If an employee is not satisfied with the proposed position and he, on his own initiative, decides to terminate the contract, then the vacation period is interrupted. When calculating, vacation compensation is paid if there are no days of well-deserved rest.

Calculation rules

Receiving annual well-deserved rest is possible if you have worked in one company for at least 180 days.

The vacation schedule must be provided to workers fourteen days before the end of the year. The employee’s working year is taken into account for the calculation.

For example, Ivan Ivanovich Ivanov officially got a job at the plant on June 20, 2020. Its calculation period will be considered the period from June 20, 2020 to June 19, 2020.

When making calculations, it is important to remember that:

Working part-time by an employee does not in any way reduce the vacation period. This fact is described in detail in Article 93 of the Labor Code of Russia. It reads like this:

“Employees carrying out work activities on a part-time basis have the accrual of vacation time on the same basis as colleagues working full-time.”

A month is fully credited when fifteen or more days are worked. A smaller number of days worked gives the right not to count this period of work.
For some categories of citizens, rest time has been increased:
limited in work;
under the age of majority;
employees with irregular working hours;
workers in hazardous enterprises according to SAW indicators.

You can calculate your vacation time as follows:

The easy way. An employee was hired as a hall administrator on January 10, 2020. Unpaid leave was taken from March 8, 2020 to March 31, 2018. The result is 23 days. The first fourteen days included in the accrual period are counted toward the vacation period, but the next nine days are not. Conclusion: the end of the working year will come 9 days later, that is, January 19, 2019.
With included periods. Sergey Petrov officially entered into an employment contract on October 20, 2020. He didn’t have a full rest for 2 years, but for a total of only 21 days, and on December 29, 2020, he decided to take a break.

The billing period is considered to be from October 20, 2020 to October 19, 2020. We subtract 21 days of rest from the full 28 and there are still seven days left.

From October 20, 2020 to October 19, 2020, he was given a full 28-day break.

The remaining time is not taken into account, since there are only two months and 9 days.

Summing up, you can get the corresponding formula: 7+28+(12:28) x2). It turns out that Sergei must take 39, 66 days off, rounded to 40.

With periods not included. Potapov Pavel does not work full time at a hazardous enterprise. He got a job on April 20, 2016. On November 19, 2020 I decided to take a break. During this time they received:
fourteen days leave;
20-day disciplinary sanction for absence from work without a valid reason.

For harmfulness, a 35-day rest period is required - 2.9 days per month. Its first accounting year ended on April 19, 2020.

Taking into account the deduction of the 20-day penalty, the date moves to October 30, 2020. Until November 19, 2020, there will be not a full year, but only six full billing months.

It turns out: 18 full months x 2.9-14 = 38.2 days.

You can also use an online calculator to calculate vacation days.

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Need some advice? directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem:

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The procedure for calculating vacation time - examples

05 05 2020 otpusknik No comments yet

Vacation period is the period of time for which an employee has the right to demand annual paid leave. There are some features in its calculation that must be taken into account to determine the vacation days due to the employee. The article discusses how to calculate vacation time step by step, provides specific steps in the calculation, and also gives an example of the calculation in numbers.

Providing vacations to its employees is the responsibility of the employer and is enshrined in Article 121 of the Labor Code of the Russian Federation. A citizen has the right, after six months of work at a new enterprise, to write a statement to the manager and ask for another vacation. For one full year of work, he will receive 28 calendar days of vacation. The management of the enterprise must also provide some employees with additional leave.

Example No. 1

For clarity, we can consider a specific case. Accountant of the company A.A. Ivanov started work on December 11, 2020. Until December 10, 2016, he did not use his time, transferring it to the next year. Thus, in 2020 he can receive:

28 days for the period from December 11, 2020 to December 10, 2016;
28 days for the period from December 11, 2020 to December 10, 2017.

Ivanov was on vacation:

from June 3 to June 30, 2020 – 28 days;
from July 2 to July 15, 2020 – 14 days;
from October 6 to October 19, 2020 – 14 days.

When filling out T6, the accountant indicates the time when the vacation was granted, namely:

from 06/3/2017 to 06/30/2017 for the period of work from 12/11/2015 to 12/10/2016;
from 07/2/2017 to 07/15/2017 for work from 12/11/2016 to 12/10/2017;
from 10/6/2017 to 10/19/2017 for work from 12/11/2016 to 12/10/2017.

How to calculate vacation time correctly

At the same time, the task of the HR department specialists is to correctly calculate the beginning and end of the year for which rest days will be provided. These dates are indicated in the vacation order. It is especially important to accurately determine the vacation period if an employee quits his job and the company is obliged to calculate and pay compensation for vacation not taken on the date of dismissal. How to calculate compensation for vacation upon dismissal.

To correctly calculate the length of service for vacation, you need to know the following:

what is a working year?
what periods should be included in the length of service;
which periods do not need to be included in the length of service.

What is a working year for vacation

The working year is calculated separately for each employee.

How is the number of vacation days calculated?

There are cases when an employee requests leave before the end of a year of fulfilling his duties or decides to resign. In such cases, it is necessary to calculate how many days of rest this employee is entitled to.

It can be calculated using the formula:

K is the number of vacation days due for the time he worked in the organization,
M – number of months fully worked,
Ko – the number of vacation days established per year of work.

For example. The employee's continuous length of service in the organization is 7 months. The employment contract states that he is entitled to 44 days of vacation per year of work. The number of vacation days that he is entitled to at this moment is: (7 months * 44 days) / 12 months = 25.67 days.

When calculating vacation days, it is necessary to round the number of months worked to the nearest whole month. According to the rules, rounding should be done as follows. Surplus amounts of less than two weeks are not taken into account. If the surplus is more than two weeks, then it must be rounded up to the whole month.

For example, an employee started work on April 8. He has been asking for leave since December 19 of the same year. It turns out that he worked in this organization for 7 months and 9 calendar days. These 9 days are discarded since this number of days is less than half a month. The calculation is based on 7 months of continuous operation.

Typically, when calculating vacation days, you end up with a fractional number. To make calculations easier, many accountants use rounding to a whole number, although the law does not stipulate that this action is mandatory anywhere. It should be remembered that rounding should be done in favor of the employee, and not according to the logic of arithmetic.

For example, the number of vacation days that an employee is entitled to when calculating was 19.31 days. Rounding results in 20 days.

Calculation of an employee's vacation days when granting the next vacation is carried out based on the number of unused days of labor leave in the previous and current working year.

We invite you to read: Providing unpaid leave to an employee

Calculation of vacation pay: for what period to make

Calculation of the vacation period (or payroll period) is necessary for the correct calculation of average daily earnings, on the basis of which vacation pay and compensation for unused vacation are paid (payment of compensation can be made both upon dismissal and when replacing part of the vacation with monetary compensation to a working employee).

According to the general rule of Article 139 of the Labor Code of the Russian Federation, the billing period is defined as 12 calendar months before the month the employee is granted leave. It begins on the first day of the first month and ends on the last day of the last month of the billing period. To determine the average daily earnings, the salary accrued to the employee for this period is divided by 12 and by 29.3 - the legally established average number of calendar days in a month. This formula is used to calculate vacation pay in calendar days.

The billing period includes only the time during which the employee actually performed work functions. Periods excluded from the calculation of vacation pay:

periods of temporary disability, including maternity leave for employees;
leaves without pay, absenteeism;
periods for which the employee was paid the average salary or part of it (vacation under a collective agreement, downtime) and others.

The calculation of vacation pay for past periods is carried out in a manner similar to the calculation of vacation for the current working year. If an employee has unused vacation for previous years, a calculation period of 12 calendar months preceding the month of his going on vacation will be taken to calculate vacation pay.

To calculate vacation pay, it is necessary to determine the period for which the employee’s average daily earnings will be calculated. This period is called the settlement period. The total amount of vacation pay is determined from the average daily earnings and the duration of the vacation.

For what period are vacation pay accrued? The determining factor for this is the length of time an employee has worked for a given employer before going on leave. The calculation period for calculating vacation pay directly depends on whether the employee has worked for the employer for a full year or not. If you have worked with the employer for more than a year before going on vacation, the period for calculating vacation pay includes 12 calendar months before the month the employee goes on vacation.

What period should I take to calculate vacation pay when providing vacation to an employee who has not worked a full year for a given employer? In this situation, all the time worked by him with the employer before going on vacation must be included in the billing period. All days of work must be included in the calculation - from the first day of hiring to the last day of the month before the month of going on vacation.

For example, an employee was hired on January 10, 2015, and was granted leave from September 14, 2020. The calculation period will include days from January 10 to August 31, 2015. The same procedure will apply when part of the billing period falls on the current calendar year, and part on the previous one (for example, from November 1, 2014 to July 15, 2015).

The Labor Code (namely, Article 139 of the Labor Code) allows for an alternative option for determining the pay period. For example, in a collective agreement (agreement), regulations on wages or a local act, an employer may establish that the calculation period for vacation pay in an organization is 6 months.

The only condition for introducing an alternative pay period is that the situation of workers does not worsen. In the event that the procedure established by the employer for calculating the working period turns out to be less beneficial for employees, the calculation of vacation pay must be carried out according to the rules established by labor legislation.

When calculating vacation pay, certain periods established by law are excluded from the billing period. Among them are periods paid according to average earnings, time spent on unpaid leave, and others.

Vacation pay is paid in the amount of average earnings. Therefore, in order to calculate the amount of vacation pay due to an employee, the number of vacation days must be multiplied by the average daily earnings. The basic rules for calculating average earnings are enshrined in Article 139 of the Labor Code. And the procedure for its calculation is disclosed in more detail in a certain Regulation.

Typically, vacation pay is calculated as follows: the number of vacation days is multiplied by the amount of payments for labor for the billing period and divided by the estimated number of calendar days. The minimum duration of “your” billing period cannot be less than a month. Moreover, it cannot be set selectively only for one case of calculation, that is, if the organization has “its own” billing period, then it must be used when determining average earnings.

At the same time, officials in informal consultations allow, if desired, to establish a pay period not for the entire organization, but only for certain categories of employees. Typically, organizations set a shortened duration of the billing period for those groups of employees whose salary remains practically unchanged from month to month.

For example, in one of the departments they receive only a salary, or a salary plus a monthly fixed bonus. And since their payments do not vary by month, there is no need to take 12 months to calculate the average earnings. Therefore, the organization itself needs to choose a method for calculating vacation pay.

Negative consequences from a different billing period

Why can one's own pay period make the employee's situation worse? Let’s assume that in your collective agreement you have provided for this period for a period of 3 months. However, it may turn out that the average daily earnings calculated for this time will be less than what was received based on the usual billing period.

This is possible, for example, if the employee’s salary did not change during the year, and bonuses were paid only once every six months. This means that if you do not want to violate labor laws, you will have to use a 12-month calculation period to calculate your average daily earnings. Therefore, each time you need to calculate the average earnings based on your billing period and 12 months in order to choose the highest result. Therefore, if such calculations are too labor-intensive for an organization, it is easier not to change the billing period established in the Labor Code.

How to calculate vacation pay in advance

Since it is necessary to take into account in the average earnings the salary for the month, which has not yet been fully worked out by the time vacation pay is paid, you can calculate in advance the employee’s salary for the last 3 working days. If nothing unexpected happens, and the employee works in full for this month, then the average daily salary for vacation pay is calculated correctly, and nothing needs to be changed.

We suggest you read: Can a bank refuse to close an account?

Article 114 of the Labor Code of the Russian Federation

In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. Paid leave of a set duration must be provided to the employee annually, that is, for each working year (Article 122 of the Labor Code of the Russian Federation, clause 1 of the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 N 169*(1)).

Right to vacation

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

The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

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

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from local budget - local government bodies.

Vacations: concept, types, duration, procedure for granting annual leave

When you leave your old job, your vacation period is interrupted. The previous employer pays compensation for unused vacations. The new employer begins to count the year of work anew from the date of hire. The duration of the first year is 12 months. The second year begins the day after the end of the first and continues for another 12 months. This may be the case in the standard case.

In practice, the working year does not always coincide with the calendar year. A person can work at night and on holidays, stay late to do overtime, or be a part-time worker. It is possible that he will be absent from work for both good and bad reasons. All information about the time of presence and absence is reflected in the working time sheet and the employee’s personal card. When calculating vacation experience, data on time worked is analyzed. And if there are periods of absence that are excluded from the leave period, the end date of the working year will change.

Excluded periods from vacation experience

Some periods of time when the employee was not engaged in performing his job duties should not be included in the length of service for calculating vacation days. These include:

Days of absenteeism, suspensions from work and other absences without good reason.
Parental leave for up to three years.
Vacation at your own expense for more than 14 calendar days a year.

These periods are considered unrelated to work, and the working year will end later by the number of days of such absence.

What periods are included in the length of service?

When calculating the working year for annual paid leave, you should include all the time that the employee performed duties at the workplace in accordance with the employment contract, as well as while on a business trip.

Cases of employment on weekends and holidays must be issued by a separate order. These periods are added to the length of service, just like overtime hours.

Shortened working hours established by law are not removed from the calculation:

for students, during on-the-job training;
for disabled people, minors, workers employed in hazardous industries.

Days will also be included in the vacation period if the employee did not go to work due to valid reasons.

These include:

The time when the employee was actually absent, but according to the law, his job was retained. Reasons for absence are:
vacation;
disease;
holidays and weekends;
paid additional days off;
additional days of vacation without pay;
training;
performance of government duties;
simple production.
Unlawful removal from work or dismissal.

Step-by-step calculation of vacation time

To calculate the length of service for annual paid leave, you need to determine the start and end date of the working year. To do this you need:

Step 1	Specify the date of commencement of work.
Step 2	Analyze the employee’s absence and presence at work for a year from the date of hiring.
Step 3	If there are periods to be excluded, calculate the number of such days.
Step 4	Adjust the end date of the working year for the days excluded from the calculation.

Calculation example

Let's look at an example of calculating length of service for vacation in a specific case.

November 1, 2014 mechanic Kolosov A.P. was hired.
From March 14, 2020 to March 23, 2020, he was absent due to illness.
In 2020, the regular vacation lasted from December 4 to December 31, in 2020 - from November 3 to November 30.
On August 12 and 13, 2020, he was suspended from work due to untimely completion of a medical examination due to the fault of the employee.
From May 15 to June 2, 2020, I was on leave without pay.
Effective April 30, 2020, the employee is resigning. It is necessary to determine the length of service to calculate compensation for unused vacation.

Of all cases of absence from work, the vacation record does not include days of suspension from duties and leave “at one’s own expense” for more than two weeks.

Definition of working years:

The first year of work of Kolosov A.P. begins on the date of hire, November 1, 2014, and ends on November 2, 2020. The end of the year was pushed back by two days due to the suspension period.
The second working year begins on November 3, 2020 and ends on November 7, 2020. The shift in the end date of the working year was due to leave without pay exceeding the two-week period by 5 days.
The third year of operation began on November 8, 2020. Leave for the period from this day until dismissal was not provided and will be compensated by cash payment.

It is necessary to determine the number of complete months worked for the third year. It turns out 5 months and 22 days. A period of more than half a month is rounded to the nearest whole month. Therefore, compensation must be paid on the basis that the vacation was not used for 6 months.

What do calendar and working deadlines have in common?

The calendar day and the working day have their own calculation , that is, their own serial number.
A calendar day may also include a working day , if it does not coincide with a weekend or holiday. Each country has fixed public holidays, which are celebrated on an officially designated day, regardless of what day of the week it falls. During this period, all citizens are required to rest. But there are special enterprises where it is impossible to suspend the work process, so employees are given another day off, or the working day is paid double. If a holiday date coincides with a calendar date and it is a day off, then the next working day is declared a holiday.
When maintaining documentation, both calendar deadlines and work deadlines can be taken into account.
When filling out documentation, if it is stated that it can be appealed by appealing to higher authorities, and the number of calendar days during which a complaint can be filed is indicated, not only working days, but also weekends are taken into account.