Article 115 of the Labor Code of the Russian Federation: annual paid holidays.
Article 115. Duration of annual basic paid leave
Commentary on Article 115
Compared to the previously effective Labor Code, the commented article establishes the duration of the annual basic paid leave in calendar days. In this case, the minimum duration of vacation subject to payment is 28 calendar days.
The commented article distinguishes between two types of annual basic paid leave. The first of them has a generally established duration of 28 calendar days. The second is lasting more than 28 calendar days, the so-called extended main leave. Extended main holidays are provided in accordance with the Labor Code or other federal laws. Thus, workers under the age of 18 enjoy extended vacations - 31 calendar days according to Art. 267 of the Labor Code, and teaching staff of educational institutions, as follows from Art. 334 of the Labor Code, enjoy extended vacations, the duration of which is determined by the Government of the Russian Federation. In accordance with Art. 334 of the Labor Code, the Government of the Russian Federation adopted Resolution No. 724 of October 1, 2002 “On the duration of the annual basic extended paid leave granted to teaching staff educational institutions"(as amended on July 16, 2009) . This Resolution approved the list of positions in educational institutions (general education, educational institutions of primary, secondary and higher vocational education etc.), work in which gives the right to annual extended paid leave of 56 or 42 calendar days, depending on the type of institution and position (see commentary to Article 334).
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NW RF. 2002. N 40. Art. 3935; 2003. N 49. Art. 4779; 2007. N 21. Art. 2507; 2008. N 34. Art. 3926; 2009. N 30. Art. 3818.
The right to extended vacations is enjoyed by scientific workers of scientific institutions holding full-time positions and having academic degree Doctor of Sciences - lasting 48 working days, and Candidate of Sciences - 36 working days in accordance with the Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On the annual leave of scientific workers with an academic degree.”
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NW RF. 1994. N 17. Art. 949.
Separate federal laws have increased the duration of vacations for employees performing research and development work. So, for example, in accordance with Art. 5 of the Federal Law “On social protection citizens engaged in work with chemical weapons" of the specified category of workers when performing work that uses toxic chemicals related to chemical weapons, as well as work on the liquidation of chemical weapons production facilities, a leave of 56 calendar days is established, and for some workers - 49 calendar days.
In accordance with Art. 23 of the Federal Law “On social protection of disabled people in Russian Federation» vacation for disabled workers is 30 calendar days.
Extended leave is provided to employees of healthcare organizations diagnosing and treating HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus - 36 working days, in accordance with the procedure for providing benefits to employees at risk of contracting the immunodeficiency virus -no deficiency of a person in fulfilling his official duties, approved by Decree of the Government of the Russian Federation dated April 3, 1996 N 391 (see commentary to Article 350).
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NW RF. 1996. N 15. Art. 1629.
Federal civil servants of the civil service enjoy the right to extended vacations in accordance with Art. 14 of the Federal Law “On the State Civil Service of the Russian Federation”. The total duration of annual paid leave (basic and for long service) varies from 40 to 45 calendar days depending on the position held. In this case, additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the above-mentioned annual paid leave. However, it should be borne in mind that in accordance with Art. 73 of the specified Federal Law norms labor law do not apply to relations related to the civil service, and, in particular, to the procedure for granting and duration of basic and additional paid leave.
Official text:
Article 115. Duration of annual basic paid leave
Annual basic paid leave is provided to employees for 28 calendar days.
Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.
Lawyer's comment:
Compared to the previously effective Labor Code, this article establishes the duration of the annual basic paid leave in calendar days. In this case, the minimum duration of leave subject to payment is 28 calendar days. Article 115 distinguishes between two types of annual basic paid leave. The first of them has a generally established duration of 28 calendar days. The second is lasting more than 28 calendar days, the so-called extended main leave.
Extended main holidays are provided in accordance with the Labor Code or other federal laws. Thus, employees under the age of 18 enjoy extended vacations - 31 calendar days in accordance with Article 267 Labor Code, and teaching staff of educational institutions, as follows from Article 334 of the Labor Code, enjoy extended vacations, the duration of which is determined by the Government of the Russian Federation. In accordance with Article 334 of the Labor Code, the Government of the Russian Federation adopted Resolution No. 724 dated October 1, 2002 “On the duration of the annual basic extended paid leave provided to teaching staff” (as amended on May 21, 2012).
This Resolution approved a list of positions in educational institutions (general education, educational institutions of primary, secondary and higher vocational education, etc.), work in which gives the right to annual extended paid leave of 56 or 42 calendar days, depending on the type of institution and position. The right to extended vacations is enjoyed by scientific workers of scientific institutions holding full-time positions and having an academic degree of Doctor of Sciences - lasting 48 working days, and candidates of sciences - 36 working days in accordance with the Decree of the Government of the Russian Federation of August 12, 1994 No. 949 “On annual vacations of scientific workers, having an academic degree."
Separate federal laws have increased the duration of vacations for employees performing research and development work. So, for example, in accordance with Article 5 of the Federal Law “On the social protection of citizens engaged in work with chemical weapons”, the specified category of workers when performing work that uses toxic chemicals related to chemical weapons, as well as work on the liquidation of production facilities chemical weapons, a vacation duration of 56 calendar days is established, and for some employees - 49 calendar days. In accordance with Article 23 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” vacation for working disabled people is 30 calendar days.
Extended leave is provided to employees of healthcare organizations that diagnose and treat HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus - 36 working days, in accordance with the Procedure for providing benefits to employees at risk of contracting the immunodeficiency virus person in the performance of their official duties, approved by Decree of the Government of the Russian Federation dated 04/03/1996 No. 3912.
Federal civil servants of the state civil service enjoy the right to extended vacations in accordance with Article 46 of the Federal Law “On the State Civil Service of the Russian Federation”. The total duration of annual paid leave (basic and for long service) varies from 40 to 45 calendar days depending on the position held. In this case, additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the above-mentioned annual paid leave. At the same time, it should be borne in mind that in accordance with Article 73 of the said Federal Law, labor law norms do not apply to relations related to the civil service, and, in particular, to the procedure for granting and duration of basic and additional paid leave.
New edition of Art. 115 Labor Code of the Russian Federation
Annual basic paid leave is provided to employees for 28 calendar days.
Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.
Commentary on Article 115 of the Labor Code of the Russian Federation
Leave is granted to employees for 28 calendar days. However, during the vacation period they are not included holidays.
When determining the duration of vacation, the organization’s working hours (6-day or 5-day work week) does not matter.
This is the minimum duration guaranteed by law at the federal level. Therefore, annual basic leave cannot be less than 28 calendar days. However, it can exceed the specified number of days; this is done in two ways: by regulation and by contract. It's about on extended basic leave provided to certain categories of workers in accordance with Part 2 of Article 115 of the Labor Code of the Russian Federation and other federal laws. These categories include:
1) employees under 18 years of age (minimum duration of vacation - 31 calendar days);
2) disabled people (minimum duration of leave - 30 calendar days);
3) employees of child care institutions (minimum duration of leave - 42 calendar days);
4) employees of educational institutions and teachers (minimum duration of leave - from 42 to 56 calendar days);
5) prosecutors and investigators of the prosecutor's office (minimum duration of leave - 30 calendar days), etc.
People working part-time are granted annual paid leave simultaneously with leave for their main job (Article 286 of the Labor Code of the Russian Federation). If an employee has not worked for 6 months at a part-time job, leave is provided in advance.
Leave can be granted before the right to it accrues, i.e. in advance. In this case, the vacation must be complete, i.e. duration established by law, and also paid in full. The issue of the possibility of providing leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.
Vacation for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule.
The vacation schedule is drawn up no later than two weeks before the start of the calendar year. The schedule indicates the names of employees entitled to leave, their positions, structural subdivision, in which they work, the number of days and the planned vacation period.
It is prohibited not to provide leave to an employee for two consecutive years.
Next annual leave must be provided before the end of the current working year.
If the reasons preventing the employee from going on vacation occurred before it began, then new term determined by agreement with the employee.
Employees who have entered into an employment contract for a period of up to 2 months are provided with paid leave or compensation upon dismissal at the rate of two working days per month of work.
By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).
Recall of an employee from vacation is permitted only with his consent. The part of the vacation not used 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.
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. 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.
An employee going on vacation is paid average earnings(vacation pay).
Payment for vacation is made no later than three days before it starts.
The amount of vacation pay is subject to income tax individuals, unified social tax, contributions to compulsory pension insurance and for insurance against industrial accidents and occupational diseases in the usual manner.
The amount of vacation pay is calculated based on the employee’s average daily earnings. General procedure The calculation of average earnings when paying for vacation is established in Article 139 of the Labor Code of the Russian Federation.
Another comment on Art. 115 Labor Code of the Russian Federation
1. The Labor Code establishes the following types of annual paid leave:
a) main vacation;
b) extended main leave;
c) additional holidays.
2. The duration of the annual basic paid leave is set at 28 calendar days. Leave of this duration is granted to all employees if they do not have the right to extended basic or additional leave. In this sense, established by Part 1 of Art. 115 of the Labor Code of the Russian Federation, the duration of annual paid leave acts as the minimum duration of leave guaranteed to all employees.
3. The duration of leave does not depend on the working hours. Basic paid leave of 28 calendar days is provided to both full-time employees and part-time employees (see Part 3 of Article 93 of the Labor Code of the Russian Federation and commentary thereto).
4. Workers employed in seasonal work, paid leave is provided at the rate of two working days for each month of work. From the same calculation, paid vacations are provided or compensation is paid upon dismissal to employees who have entered into an employment contract for a period of up to two months (see Articles 291, 295 of the Labor Code of the Russian Federation and the commentary thereto).
5. On the provision of paid leave to persons working part-time, see Art. Art. 286, 321 of the Labor Code of the Russian Federation and commentary thereto.
6. Within the meaning of Part 2 of Art. 115 of the Labor Code of the Russian Federation, extended basic leave can be established by law - by the Labor Code itself or other federal law. Taking into account this norm, the provisions of Part 2 of Art. 41 of the Labor Code, according to which the collective agreement may include obligations of employees and the employer, in particular regarding the provision and duration of vacations. The collective agreement may not be about establishing extended vacations, but about providing additional vacations (see Part 2 of Article 116 of the Labor Code of the Russian Federation and the commentary thereto).
7. Extended vacations in accordance with the law are provided to persons under 18 years of age. The duration of their vacation is 31 calendar days (see Article 267 of the Labor Code of the Russian Federation and commentary thereto).
8. Disabled people are granted annual leave of at least 30 calendar days (Article 23 of Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”).
9. Extended vacations lasting from 30 to 40 days (depending on continuous experience) are established for rescuers of professional emergency rescue services and units (Federal Law of August 22, 1995 N 151-FZ “On emergency rescue services and the status of rescuers” ).
10. Extended vacations are established for state civil servants of the Russian Federation: persons filling the highest and main positions of the state civil service are granted annual basic paid leave of 35 calendar days, those filling positions of the state civil service of other groups - 30 calendar days (Article 46 of the Federal Law dated July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation").
11. Prosecutor's employees: prosecutors, investigators, scientific and teaching staff with class ranks are granted annual paid leave of 30 calendar days, excluding travel time to and from the place of rest (Article 41.4 of Federal Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” as amended. , put into effect on November 25, 1995).
12. For judges, an annual basic paid leave of 30 working days is established. Judges working in the regions of the Far North are granted leave of 51 working days, and in areas equated to the regions of the Far North, and in areas with severe and unfavorable climatic conditions where wage coefficients are established - 45 working days; the time a judge travels to the place of rest and back is not counted towards the vacation period (Article 19 of the Law of the Russian Federation of June 26, 1992 N 3132-1 “On the status of judges in the Russian Federation”).
13. Extended vacations are established for employees working with chemical weapons. Depending on the nature of the work performed with chemical weapons, annual paid leave is granted for a duration of 56 or 49 calendar days (Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens engaged in work with chemical weapons.” See also p. 7 comments to Article 92 of the Labor Code of the Russian Federation).
14. Teaching staff of educational institutions are granted extended basic leave, the duration of which is determined by the Government of the Russian Federation (see Article 334 of the Labor Code of the Russian Federation and the commentary thereto). By Decree of the Government of the Russian Federation of October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions,” teaching staff of educational institutions established an extended leave of 56 or 42 calendar days, depending on the position and type of educational institution.
15. For a number of categories of employees, extended basic holidays are established by resolutions of the Government of the Russian Federation adopted before the entry into force of the Labor Code. In accordance with Art. 423 of the Labor Code of the Russian Federation, these decisions are applied insofar as they do not contradict the said Code.
Scientific institutions (organizations) financed from the federal budget are given the right to establish extended vacations for scientific workers who have an academic degree and occupy positions for which the employee’s academic degree is provided for by the tariff and qualification requirements approved in in the prescribed manner. The duration of leave for doctors of science is 48 working days, for candidates of science - 36 working days (Resolution of the Government of the Russian Federation of August 12, 1994 N 949 “On annual leave of scientific workers with an academic degree”).
Annual paid leave of 36 working days is established for employees of healthcare organizations that diagnose and treat HIV-infected people, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus (Resolution of the Government of the Russian Federation of April 3, 1996 N 391).
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Annual basic paid leave is provided to employees for 28 calendar days.
Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.
Commentary to Art. 115 Labor Code of the Russian Federation
1. Along with the minimum annual basic paid leave of 28 calendar days, in accordance with the Labor Code and other federal laws, certain categories of employees may also be granted extended basic leave (see commentary to Articles 267, 334 of the Labor Code of the Russian Federation).
2. Extended vacations are provided to scientific workers working in scientific institutions (organizations). In accordance with the Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On annual leaves of scientific workers with an academic degree” (SZ RF. 1994. N 17. Art. 949), scientific institutions (organizations) financed from the federal budget have the right establish extended vacations for researchers holding full-time positions and having an academic degree: Doctor of Science - 48 working days, Candidate of Science - 36 working days.
Second commentary to Article 115 of the Labor Code
1. Article 115 defines the duration of the annual basic paid leave as the minimum.
Its duration is increased by adding additional paid leaves to it.
It can be increased by federal laws, agreements, collective agreements, and labor contracts.
2. For a number of categories of employees, the law establishes extended annual paid leave, i.e. Leave initially by law is of greater duration compared to the basic minimum annual paid leave provided for in Art. 115 Labor Code of the Russian Federation.
Extended holidays are established:
1) employees under the age of 18 (see Article 267 of the Labor Code of the Russian Federation);
2) teaching staff of educational institutions (see Article 334 of the Labor Code of the Russian Federation, as well as Decree of the Government of the Russian Federation of October 1, 2002 N 724 with subsequent amendments and additions // SZ RF. 2002. N 40. Art. 3935; 2003. N 49. Art. 4779);
3) scientific workers with an academic degree (see Decree of the Government of the Russian Federation of August 12, 1994 N 949 // SZ RF. 1994. N 17. Art. 949);
4) state civil servants (see Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation” // SZ RF. 2004. N 31. Art. 3215);
5) municipal employees (see Federal Law of January 8, 1998 N 8-FZ “On the fundamentals of municipal service in the Russian Federation” with subsequent amendments and additions // SZ RF. 1998. N 2. Art. 224);
6) prosecutors, investigators, scientific and teaching staff of the prosecutor’s office system of the Russian Federation (see Law of the Russian Federation of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation” as amended on November 17, 1995 with subsequent amendments and additions // Vedomosti RF. 1992. N 8. Art. 366; RF 1995. N 4472).
Prosecutors and investigators of the prosecutor's office working in areas with difficult and unfavorable conditions are provided with annual paid leave of even greater duration than that provided for by the said Federal Law (see Decree of the Government of the Russian Federation of March 6, 1996 N 242 “On the duration of annual paid leave, provided to prosecutors and investigators of the prosecutor’s office working in areas with difficult and unfavorable climatic conditions” // SZ RF 1996. N 12. Art.
7) judges (see Law of the Russian Federation of June 26, 1992 “On the status of judges in the Russian Federation” with subsequent amendments and additions // Gazette of the Russian Federation. 1992. N 30. Art. 1792);
8) rescuers of professional emergency rescue services, professional emergency rescue teams (see Federal Law of August 22, 1995 N 151-FZ “On emergency rescue services and the status of rescuers” // SZ RF. 1995. N 35. Art. .3503);
9) employees of enterprises, institutions and organizations of the state and municipal health care systems that diagnose and treat HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus (taking into account the annual additional leave for work in hazardous working conditions ) (see Decree of the Government of the Russian Federation of April 3, 1996 N 391 // SZ RF. 1996. N 15. Art. 1629);
10) citizens engaged in work with chemical weapons (see Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens engaged in work with chemical weapons” // SZ RF. 2000. N 46. Art. 4538; 2002. N 30. Art. 3033; 2004. N 3607);
11) disabled people (see Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation” with subsequent amendments and additions // SZ RF. 1995. N 48. Art. 4563).
3. Duration of the main annual paid leave Art. 115 of the Labor Code of the Russian Federation is defined in calendar days. This affects the summation of vacations and the procedure for calculating the total duration of annual paid vacation provided to each employee.
Article 115. Duration of annual basic paid leave
Annual basic paid leave is provided to employees for 28 calendar days.
Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.
Article 116. Annual additional paid leave
Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws.
Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.
Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions
Annual additional paid leave is provided to employees whose working conditions in their workplaces, based on the results of a special assessment of working conditions, are classified as harmful conditions labor 2, 3 or 4 degrees or dangerous working conditions.
The minimum duration of annual additional paid leave for employees specified in part one of this article is 7 calendar days.
The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.
Based on industry (inter-industry) agreement and collective agreements, as well as written consent employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave, which exceeds the minimum duration of this leave established by part two of this article, can be replaced by separately established monetary compensation in the manner, in the amounts and on the conditions established by the industry ( intersectoral) agreement and collective agreements.
Article 118. Annual additional paid leave for the special nature of work
The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.
Article 119. Annual additional paid leave for employees with irregular working hours
Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined collective agreement or internal labor regulations and which cannot be less than three calendar days.
The procedure and conditions for providing annual additional paid leave to employees with irregular working hours are established in the federal government institutions normative legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation, normative legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions, normative legal acts of local government bodies.
Article 120. Calculation of the duration of annual paid leave
The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.
When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.
Article 121. Calculation of length of service giving the right to annual paid leave
The length of service that gives the right to annual basic paid leave includes:
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 completed the mandatory medical checkup through no fault of one's own;
the time of unpaid leave granted at the request of the employee wages not exceeding 14 calendar days during the working year.
The length of service that gives the right to annual basic paid leave does not include:
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.
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.
Article 122. 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 the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
for women - before maternity leave or immediately after it;
employees under the age of eighteen;
employees who have adopted a child (children) under the age of three months;
in other cases provided for by federal laws.
Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
Article 123. Sequence of granting annual paid leave
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 body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.
The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.
Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. 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 with this employer.
Article 124. Extension or postponement of annual paid leave
Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:
temporary disability of the employee;
performance by an employee during annual paid leave government duties, if for this purpose the labor legislation provides for exemption from work;
in other cases provided for by labor legislation and local regulations.
If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.
In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. 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.
It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.
Article 125. Division of annual paid leave into parts. Review from vacation
By agreement between the employee and the employer, annual paid leave can 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
Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (except for payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code).
Article 127. Exercise of the right to leave upon dismissal of an employee
Upon dismissal, the employee is paid monetary compensation for all unused vacations.
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 expiration of the term employment contract Leave with subsequent dismissal can 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.
Article 128. Leave without pay
For family reasons and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, based on a written application from the employee, to provide leave without pay:
participants of the Great Patriotic War- up to 35 calendar days a year;
for working old-age pensioners (by age) - up to 14 calendar days per year;
parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system who died or died as a result of injury, concussion or injury received in the performance of duties military service(service), or due to illness associated with military service (service) - up to 14 calendar days a year;
for working disabled people - up to 60 calendar days per year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;
in other cases provided for by this Code, other federal laws or a collective agreement.