Article 115 of the Labor Code of the Russian Federation: annual paid vacations.
ST 115 Labor Code of the Russian Federation.
Annual basic paid leave is provided to employees
lasting 28 calendar days.
Annual basic paid leave of more than 28 calendar days
(extended main 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. Labor Code establishes the following types of annual paid leave:
a) main;
b) extended main;
c) additional.
2. The duration of the annual basic paid leave is set at 28 calendar days. This is the minimum duration of leave guaranteed to all employees. The duration of leave does not depend on the working hours. Basic paid leave of 28 calendar days is provided to both full-time and part-time employees (see here).
3. 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).
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.
4. Extended main leave may be established by law by the Labor Code of the Russian Federation itself or by other federal law. Taking into account this norm, the provisions of Part 2 of Art. 41 of the Labor Code of the Russian Federation, 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).
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).
Disabled persons are granted annual leave of at least 30 calendar days (Article 23 of the Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in Russian Federation").
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”).
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 an 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 of July 27 2004 N 79-FZ "On the State Civil Service of the Russian Federation").
Annual basic paid leave is granted to a municipal employee for at least 30 calendar days (Article 21 of Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation”).
Prosecutor's employees: prosecutors, investigators, scientific and teaching workers with class ranks are granted annual paid leave of 30 calendar days, excluding travel time to the place of rest and back (Article 41.4 of the Federal Law of January 17, 1992 N 2202-1 "On Prosecutor's Office of the Russian Federation").
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 the coefficients are set wages, - 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”).
Extended vacations have been 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”).
For teaching staff educational organizations an extended basic leave is provided, the duration of which is determined by the Government of the Russian Federation (clause 3 of Article 47 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”). 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”, teaching staff of educational organizations established an extended leave of 56 or 42 calendar days depending on the position and type of educational organization.
Teaching staff have the right to long leave for a period of up to one year at least every 10 years of continuous pedagogical work in the manner established by the federal executive body exercising the functions of developing public policy and legal regulation in the field of education (clause 4 of article 47 of the Federal Law “On Education in the Russian Federation”).
5. For a number of categories of employees, extended basic holidays are established by decrees of the Government of the Russian Federation, adopted before the entry into force of the Labor Code of the Russian Federation. In accordance with these regulations, they are applied to the extent that they do not contradict the Labor Code of the Russian Federation.
Scientific institutions (organizations) financed from the federal budget are given the right to establish extended vacations for scientific workers who have academic degree and those occupying positions for which the employee’s having an 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 “On the Procedure providing benefits to workers exposed to the risk of contracting the human immunodeficiency virus while performing their duties official duties").
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 normative act organizations.
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.
The next annual leave must be granted 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. Employees engaged in seasonal work are provided with paid leave 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 workers: prosecutors, investigators, scientific and teaching workers with class ranks are granted annual paid leave of 30 calendar days, excluding travel time to the place of rest and back (Article 41.4 of Federal Law N 2202-1 "On the Prosecutor's Office of the Russian Federation " as amended, entered into force on November 25, 1995).
12. For judges, an annual basic paid leave of 30 working days is established. Judges working in the Far North are granted leave of 51 working days, and in areas equated to 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 tariff and qualification requirements approved 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).
- Up
Current version of Art. 115 of the Labor Code of the Russian Federation with comments and additions for 2018
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
The commented article establishes the minimum duration of the annual basic paid leave - 28 calendar days. The duration of basic annual paid leave cannot be reduced, including for absenteeism without good reasons. An agreement between an employee and an employer to limit the right to basic annual paid leave is invalid.
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See: Petrov A.Ya. Basic annual paid leave // Legislation and economics. 2012. N 7. P.30-35.
In cases determined by the Labor Code of the Russian Federation and other federal laws, employees may be granted extended leave, the duration of which exceeds 28 calendar days.
Federal Law of November 7, 2000 N 136-FZ "On the social protection of citizens engaged in work with chemical weapons" stipulates that the annual basic extended paid leave of 49 or 56 calendar days is provided to employees engaged in work in which toxic materials are used. chemicals related to chemical weapons. The specific duration of this leave depends on the degree of harmfulness and (or) danger of the work performed.
In particular, according to Art. 5 of this law, annual paid leave of 56 calendar days is provided to employees performing the following types of work:
- research and development work that involves the use of toxic chemicals related to chemical weapons;
- on the disposal and detoxification of chemical ammunition, containers and devices, detoxification of toxic chemicals in experimental, pilot and industrial production areas industrial facilities on the destruction of chemical weapons;
- By maintenance and inspection of chemical weapons related to sampling of toxic chemicals related to chemical weapons, as well as work on the destruction of individual chemical ammunition, containers and devices in disrepair;
- to eliminate chemical weapons production facilities.
The Federal Law “On Emergency Rescue Services and the Status of Rescuers” establishes that rescuers of professional emergency rescue services and professional emergency rescue units are granted leave of 30 to 40 days (depending on continuous work experience as rescuers).
The Federal Law “On the State Civil Service of the Russian Federation” provides that civil servants holding senior and main positions in the civil service are granted annual basic paid leave of 35 calendar days, and civil servants filling positions in the civil service of other groups are granted 30 calendar days.
In accordance with the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” disabled people (regardless of the degree and group of disability) have the right to annual basic paid leave of at least 30 calendar days (Article 23).
Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On annual leaves of scientific workers with an academic degree” provides for the right of scientific institutions (organizations) financed from the federal budget to establish extended annual paid leaves for scientific workers working in scientific institutions (organizations) and with an academic degree:
- Doctor of Science - duration 48 working days;
- candidate of sciences - 36 working days.
The specified leaves can be granted only to scientific workers holding full-time positions, academic degrees for which are provided for by tariff and qualification requirements approved in the prescribed manner.
Another comment to Art. 115 Labor Code of the Russian Federation
1. The Labor Code establishes the following types of annual paid leave:
a) main;
b) extended main;
c) additional.
2. The duration of the annual basic paid leave is set at 28 calendar days. This is the minimum duration of leave guaranteed to all employees. 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 Article 93 of the Labor Code and commentary thereto).
3. Employees engaged in seasonal work are provided with paid leave 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 and the commentary thereto).
On the provision of paid leave to persons working part-time, see Art. Art. 286, 321 TC and commentary thereto.
4. Extended main leave may be established by law by the Labor Code itself or by 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 the 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 and the commentary thereto).
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 and commentary thereto).
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”).
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”).
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 an 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 of July 27 2004 N 79-FZ "On the State Civil Service of the Russian Federation").
Annual basic paid leave is granted to a municipal employee for at least 30 calendar days (Article 21 of Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation”).
Prosecutor workers: prosecutors, investigators, scientific and teaching workers with class ranks are granted annual paid leave of 30 calendar days, excluding travel time to the place of rest and back (Article 41.4 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation").
For judges, an annual basic paid leave of 30 working days is established. Judges working in the Far North are granted leave of 51 working days, and in areas equated to 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”).
Extended vacations have been 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”).
Teaching staff of educational organizations are granted extended basic leave, the duration of which is determined by the Government of the Russian Federation (Clause 3, Article 47 of Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”). Decree of the Government of the Russian Federation dated October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff,” teaching staff of educational organizations established an extended leave of 56 or 42 calendar days, depending on the position and type of educational organization.
Teaching staff have the right to long leave for a period of up to one year at least every 10 years of continuous teaching work in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education (clause 4 of Art. 47 of the Federal Law "On Education in the Russian Federation").
5. For a number of categories of employees, extended basic holidays are established by decrees 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, these decisions are applied to the extent that they do not contradict the Labor 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 tariff and qualification requirements approved 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 “On the Procedure providing benefits to employees exposed to the risk of contracting the human immunodeficiency virus while performing their official duties."
Consultations and comments from lawyers on Article 115 of the Labor Code of the Russian Federation
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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 dated October 1, 2002 “On the duration of the annual basic extended paid leave provided to teaching staff of 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 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 08.12.1994 N 949 “On annual vacations 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 of Citizens Working 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 chemical weapons production facilities, has a leave of 56 calendar days , and for some employees - 49 calendar days.
In accordance with Art. 23 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, leave for working disabled people 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 the performance of his official duties, approved by Decree of the Government of the Russian Federation of 04/03/1996 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.
In the library sector, representatives of administrative bodies and the trade union committee are developing amendments to the collective agreement, according to which all employees of the system are entitled to an additional 9-day paid leave. Do these amendments comply with the norms of the Labor Code of the Russian Federation?Lawyer's answer:
According to Art. 116 of the Labor Code of the Russian Federation, employers have the right to independently determine the duration of additional leaves for staff. Their regulation is carried out collective agreements or local legal acts that are adopted taking into account the position of the trade union committee. Thus, contradictions with the Labor Code of the Russian Federation in in this case No.
Question
Over the 7 years of work in the company, the employee has accumulated 93 days of unused vacation. Management did not satisfy the employee’s request for payment of monetary compensation for unused vacation. The company management also refused to provide leave for the entire 93 days due. Is it possible to get cash for unused vacation?Lawyer's answer:
According to Part 1 of Art. 126 of the Labor Code of the Russian Federation provides for the possibility of replacing due paid leave in excess of 28 calendar days with financial compensation. So, if an employee has the rights to annual leave of 28 calendar days and additional leave of 5 calendar days, then the employer can replace with monetary compensation only part of the leave not exceeding 5 calendar days (or 35 days over 7 years). At the same time, replacing vacation with financial compensation is the right of employers, and not their obligation. In case of dismissal of an employee, in accordance with Art. 127 of the Labor Code of the Russian Federation, the employer is obliged to pay monetary compensation for all unused vacation days.
Question
According to the schedule, the employee must go on another vacation from 07/01/2015. The head of the company refused to sign the leave application due to a production need. The vacation is planned, the hotel is booked, the plane tickets are purchased. Does the employee have the right not to go to work in such a situation? How to competently defend your position?Lawyer's answer:
According to Art. 123 of the Labor Code of the Russian Federation, the procedure for granting paid vacations is regulated by schedules approved by the head of the enterprise no later than 2 weeks before the start of the new calendar year. Compliance with the vacation schedule is mandatory for both employers and employees. Employees are notified of the time of vacation by signature no later than 2 weeks before their start. In exceptional situations related to the possibility of unfavorable events occurring due to a particular specialist going on vacation, it is allowed to carry out the transfer of vacations to the next working year. This can only be done with the consent of the employees (Article 124 of the Labor Code of the Russian Federation). Despite this, a banal absence from work on the first day of vacation can be regarded as absenteeism. Therefore, it is better to file a complaint about the employer’s actions with the State Tax Inspectorate in advance.
Question
A teaching staff member is 8 weeks pregnant. Can he go on annual leave in October 2015 if he has already been on leave since November 17, 2014 and March 14, 2015? Does it matter if the school year has already started when the employee goes on leave? Work experience at this school is almost 7 years.Lawyer's answer:
According to Art. 260 of the Labor Code of the Russian Federation, before maternity leave, immediately after it, or at the end of maternity leave, a woman, in accordance with her wishes, can take annual paid leave. Moreover, in this case, the amount of work experience with a particular employer does not have practical significance.
Question
For an employee of an enterprise in labor contract A 5-day week is established. From December 23, 2014, the employee begins his next vacation of 15 calendar days in accordance with the schedule. When should an employee return from vacation?Lawyer's answer:
According to Art. 120 of the Labor Code of the Russian Federation, are not subject to inclusion in the period annual leave non-working holidays. In this case, out of 15 vacation days, 9 are in December 2014, and 6 are in January 2015. Taking into account the planned production timesheet for 2015, according to which holidays last from January 1 to January 11 inclusive, the employee must return from vacation on January 17, 2015.
Question
School teacher teaching in government educational institution, fully used the regular paid vacations for 2013-2014. In August 2015, the teacher goes on maternity leave, however, before that he would like to take another paid leave for 2015, the duration of which is 42 days. The director refuses to grant full leave and proposes to use only leave for the months worked after the last leave (for 2014). The teacher has no intention of resigning after maternity leave. Are the actions of the school management legal?Lawyer's answer:
According to Art. 260 of the Labor Code of the Russian Federation, before going on leave related to pregnancy, or immediately after completing maternity leave, women specialists are provided with annual paid leave at their request. However, when providing them, work experience in a particular organization is not taken into account.
Question
An officially registered employee of a Moscow private security company with 3 years of experience in the company, in employment contract The following operating mode is established: 15 days every 15 (rotational rotation). Does this employee the right to receive paid leave (or monetary compensation in case of non-use)?Lawyer's answer:
According to Art. 122 of the Labor Code of the Russian Federation, paid vacations must be provided to employees annually, while in the first year of work such a right arises after 6 months from the date of hiring, in subsequent years - on the basis of the schedule in force at the enterprise. Based on Art. 115 of the Labor Code of the Russian Federation, the duration of such leave is 28 calendar days. According to clause 7.1 of the Basic Provisions governing the rotational method of organizing work (approved by Decree of the USSR State Committee for Labor No. 794/33-82 of December 31, 1987), the employer’s responsibility is to provide annual paid leave to employees engaged in work of a rotational nature only after using the inter-shift period recreation. Concurrence of these rest periods is not allowed.
Question
A specialist who has been working since May 2015 in one of the organizations located in the Far North was offered to go on another paid leave in September 2015. Leave is granted for 42 calendar days. From November 15, 2015, the employee goes on maternity leave. Should the management of the organization provide the remaining 10 days before the maternity leave?Lawyer's answer:
In accordance with Art. 122 of the Labor Code of the Russian Federation, employers have obligations to provide paid leave to employees annually. The right to use vacations in the first year of employment arises for personnel after 6 months from the start of work at a particular enterprise. In September 2015, the employee is granted leave for the time worked. Vacation of 52 days is granted per calendar year. According to Art. 260 of the Labor Code of the Russian Federation, before using maternity leave time or immediately after the completion of parental leave, employees, at their request, are provided with annual paid leave, regardless of the time they work in a particular company.
Question
During the regular vacation (paid) the employee fell ill. Is it possible to extend the vacation if the illness occurred during and ended after the end of the vacation?Lawyer's answer:
According to Art. 124 of the Labor Code of the Russian Federation, the employer, in the event of temporary disability of employees during the period of annual paid leave, must extend it or transfer it to another period, which is established by agreement between the employer and the employee. At the end of the illness, workers in this case should submit sick leave certificates to employers, who will extend the leave.
Question
In February 2014, I got a job. The employer said that the leave would be provided in 11 months – i.e. in January 2015. When the time came, the employer said that no one goes on vacation in the winter (I work in a kindergarten), and the vacation will be granted in the summer of 2015. What should I do in this situation and how will the vacation be paid in the summer, because in 2015 I am entitled to 2 vacations already?Lawyer's answer:
The procedure and priority for the provision of paid vacations are enshrined in Article 123 of the Labor Code of the Russian Federation, which states that the sequence for the provision of paid vacations is determined annually in accordance with the vacation schedule. If the employer has not approved the vacation schedule for 2015, write a vacation application addressed to management indicating the desired vacation period. Vacation pay is calculated by multiplying the average daily earnings by the number of vacation days.