You are entitled to leave after getting a job. Rules for granting annual paid leave

No matter how strong the desire to work, soon you will still want to rest a little and gain strength. Of course, if you have been working for a long time and have become accustomed to the team, everything goes like clockwork - we look at the schedule and go for a holiday company walk during the period established there. But how do you find out when your first vacation is due, especially if you got a job when the vacation schedule at the company’s expense had already been approved and you didn’t get there?

The answers to this question should be sought in the Labor Code.

Remember, an employee’s right to his first vacation begins when he has worked continuously for at least six months at the company.

• pregnant women or those who have just given birth;
• minors (under 18 years of age);
• employees who adopted a baby under three months of age;
• labor veterans;
• in other cases provided by law.

How to exercise your right to first rest

Of course, although the first leave under the labor code is provided after 6 months of work, this does not mean that you will receive it immediately. The fact is that at every enterprise, vacation schedules are initially drawn up in such a way as to evenly send employees on vacation, thereby ensuring continuity of the work process.

Therefore, the legislation provides for a rule that states that the employee only has a right, but it is not necessarily the employer’s obligation to implement it. This will require an agreed decision of the parties, which will suit both the administration and the workforce.

Remember, in order to avoid conflict situations, before exercising your right to the first vacation, ask for the opinion of the workforce where you work. This will help you quickly find a common language with your boss (after all, in your absence, someone will need to do your work).

The most ideal option in all this would be to make changes to the approved rest schedule, which can be done at almost any time in agreement with the trade union. In this case, you will have the right:

• for a full vacation;
• partial rest, proportional to the time worked.

What vacation can you count on for the first time?

So, we already know that the right to vacation after 6 months of work begins. Now all that remains is to clarify its minimum duration and go to the manager. Often HR departments will not agree to provide more than 14 days of vacation at such a time. But the law does not prohibit increasing the length of days of paid rest.

Remember, if you use your paid vacation early before the end of the year of work, you can only count on another vacation in the next year.

It should be remembered that 14 days is the minimum period of the first vacation, which should not be less. It can even be determined by calculation by multiplying 2.33 days by six months or another period when you are going to rest. After this period, you may have the right to additional vacations determined by law and collective agreements.

So, the minimum guarantees for those who are going on vacation after six months:

• receive fourteen days of rest;
• if you have benefits defined by law, receive it in full at a convenient time (even up to 6 months);
• by agreement with the employer, receive full leave in advance.

According to unofficial statistics, 90% of all workers think about vacation during the summer while working. The remaining 10% have already gone on vacation. Unfortunately, it is not always possible to go on vacation when you want, and for as long as you are “tired” and “worked out”. Rjob looks at the main points that future vacationers need to know. The vacation law is regulated by Chapter 19 of the Labor Code of the Russian Federation, Articles 114 – 128. Many points in it remain unchanged for a long time, but every year some innovations appear. Let's look at the main questions that workers may have. How long should you rest? 28 calendar days a year, that is, a full 4 weeks. It is beneficial to take vacation during holidays, since these days are not counted as calendar days and the vacation is extended at their expense. For example, in 2016, March 8 fell on a Tuesday – an official day off.

When can you take a vacation?

Attention

Compensation for unused vacation: ten and a half months count for a year When dismissing an employee who has worked in the organization for 11 months, compensation for unused vacation must be paid to him as for a full working year (clause 28 of the Rules, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . But sometimes these 11 months are not so spent.< … Налог на прибыль: перечень расходов расширен Подписан закон, который внес изменения в перечень расходов, относящихся к оплате труда.

Let me go! 13 questions about vacation

What if you had to take sick leave during your vacation? In this case, you need to provide the HR department with a copy of the sick leave and write an application to extend the leave for sick days that coincide with the days of vacation. If the application is not written, then the employer, on his own initiative, is not obliged to extend the vacation. Who should do work while on vacation? Such issues are resolved in each case individually.

In small companies they try to rest during quiet periods or do their best work the day before. If your boss or colleagues persistently call you with requests for help, to finish, to look, and the like, and you don’t know how to refuse or are afraid, you can use a trick: don’t look through your email, turn on the phone for a couple of hours a day, don’t pick up the phone, pretending that you were on an excursion or even sailed into the ocean. Many people practice complete shutdown from work life during vacation.

After how many months is an employee entitled to leave?

Important

Registration of a vacation schedule and the procedure for granting vacation to new employees. A vacation schedule is an official document that is drawn up at the enterprise to regulate the procedure for annual paid vacations for employees. This is necessary to ensure the normal operation of the organization and prevent employees from not going on vacation. The latter is also of great importance, since the responsibility for sending employees on vacation rests with the management of the enterprise, and if an employee does not go on vacation this year without serious reasons, the responsibility rests with the employer.

Chapter 19. vacations

Federal Law of June 30, 2006 N 90-FZ) 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 regulation of social and labor relations. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006) Article 118. Annual additional paid leave for the special nature of the work Certain categories of employees whose work is related to the specific characteristics of the work are granted annual additional paid leave.

How long before you can still take vacation?

It is important to know! An exceptional case for calculating the duration of the first vacation period is additional leave, which is provided when working in harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation). Article 137. Limitation of deductions from wages Article 138.

Limiting the amount of deductions from wages To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year. Article 123. Sequence of granting annual paid vacations What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in this situation.

After how many months is vacation due in the first year of work?

All employers are required to give employees vacation after six months of work. They cannot refuse this. Is it possible to leave ahead of schedule? The Labor Code determines that the employer has the right to give leave earlier than the established period (Part 2 of Article 122). He makes this decision on his own. There are no legal grounds for an ordinary employee who has not worked for six months to quit.
The exception is the categories of personnel named in Part 3 of Art. 122. A new employee has the right to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant child (not older than 3 months);
• is a pregnant woman (before or immediately after a vacation related to this event).

There are other exceptional cases defined by federal legislation. Sequence of rest The frequency of vacation periods at the enterprise is established by the vacation schedule.

It must be taken into account that if the month is not fully worked, vacation pay will be accrued in full only if he worked for 15 or more days. According to Part 2 of Article 122 of the Labor Code of the Russian Federation, a number of categories of workers have the right to go on full leave after a six-month period without the consent of the employer. These include:

• Women “in pregnancy”, immediately before maternity leave or after childbirth;
• Minor workers;
• Employees who have adopted a newborn.

The company's management does not have the right to refuse to provide them with rest days. If an employee is not given such an opportunity, he has the right to independently exercise it without the consent of the employer. In addition, the latter may be held accountable if it is established that he violated the current legislation.

How long after the main vacation can an employee take vacation?

Persons engaged in labor activities have the right to additional days of rest:

• In harsh conditions or in contact with hazardous substances;
• in educational institutions of preschool, basic, secondary special and higher education;
• And those who have not reached the age of eighteen (Article 267 of the Labor Code of the Russian Federation);
• In conditions of irregular working hours;
• Other cases provided for by federal or local regulations.

A citizen has the right to use earned rest days before the expiration of a six-month period. The employer can give consent to this if he has someone to replace the employee. Providing leave in advance, that is, in a larger amount than the employee actually earned, is possible only after he has worked at the enterprise for six months.
Before this, there is no such opportunity.

In accordance with Art. 115 the total duration of rest is 28 days. Article 115. Duration of annual basic paid leave With the approval of the employer, the first leave may be granted before six months of work. Article 122. The procedure for granting annual paid leave to certain categories of employees, regardless of the duration of work at a particular enterprise:

• citizens under the age of 18;
• employees who are expecting the birth of a child;
• employees who adopted children under 3 months of age;
• other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Schedule from launches to next. calen year d.b. drawn up no later than December 31 of the current year, taking into account the opinion of the trade union (if there is one) and the wishes of the employees. Therefore, in the next You must go on vacation according to the schedule, if you did not draw it up - this is a violation for the employer. As for going on vacation outside of the schedule, it is carried out by agreement with the employer.

Hello! Vacations are provided to employees according to approved vacation schedules. Such schedules are mandatory for both employees and employers. As for vacation periods and holidays, if an employee has been employed since 02/10/2015, then for the first year of work for which he has the right to use vacation - 02/10/2015 - 02/09/2016, therefore the next vacation period is 02/10/2016. 2016 -03/09/2017

Labor activity involves not only receiving monetary reward (salary) for completing a volume of work, but also a certain number of days allotted for rest (recuperation). Labor legislation mandatory guarantees citizens the right to paid rest, but there are some subtleties that should be known and taken into account when resolving such an issue.

In the first year of work, a worker has only one thought - when is the first vacation due? Often, a small number of employees know how to properly process and in general when they can start processing documents in order to take the first vacation after getting a job. There are often cases when an employer deliberately violates the rights of his subordinates.

In order to avoid such situations and not become an injured party, a citizen should familiarize himself with some of the intricacies of registering the desired paid vacation and the accompanying procedures.

When is vacation due at a new job? The TC serves as a guarantee of receiving paid non-working days after 6 months of work at a permanent place. Most often, an employee is granted leave in the first year of work in the seventh month of employment from the day on which he was officially registered in a new place.

Many people mistakenly believe that the duration of vacation for the first year of work is only two weeks. It would be logical to ask the question: “So how many days are provided for vacation after six months of continuous activity at the new workplace?” In fact, vacation (regardless of the duration of work) must be at least 28 days (provided for in Article 115 of the Labor Code).

This is your statutory right to use holiday for your first year of employment. It is also worth knowing that it is not at all necessary to go on a long-awaited vacation after six months of continuous work; you can stay and continue working, but ask (you have a legal right, prescribed by law) for a compensation payment in cash for the unclaimed vacation period.

Attention! Your employer may allow you to take paid time off before your six-month term of employment, but in this case some amount will be deducted from your vacation pay (for days not worked).

How to go on vacation earlier?

An employee can go on vacation without waiting six months, but only if this is approved by the employer himself, and there is someone to replace the future vacationer. You should know that there is a category of employees who are entitled to rest, regardless of the duration of cooperation at a given enterprise (guaranteed by Article 122 of the Labor Code). These include:

• minor citizens;
• pregnant women can take a vacation period before or after maternity leave;
• employees who adopted a baby who was not yet three months old;
• an employee whose spouse is on maternity leave;
• a person working part-time;
• an employee who was a liquidator of the Chernobyl, Chelyabinsk nuclear power plant accidents or is a victim of this tragedy;
• some other employees (specified in the Labor Code of the Russian Federation and some other legal acts);
• military spouses.

Note! The above categories of employees can take a vacation period of up to 6 months (Labor Code of the Russian Federation), but for this you must write an application. Please keep in mind that the employer does not have the right not to provide the requested rest to the above categories, even if it is not possible to replace them during the non-working period.

Competent document execution

Any worker in a new workplace, having worked for 6 months on a permanent job at one point of the enterprise, has the legal right to the first vacation: basic, if provided, additional or (if necessary) extended or other types of paid vacation provided for and prescribed in the working conditions contracts and do not contradict labor legislation. Many employers are sure that after 6 months of work, the vacation period is due in parts.

Attention! Remember! The duration of a non-working paid term per year should not be less than 28 days (specified in Article 115 of the Labor Code).

At the same time, the legislation does not prohibit it from being issued in advance for the first working year of activity. There are often cases when a person quits before the period during which the vacation has already been taken off; the employer has the legal right to deduct from the salary the surplus of the entire amount of vacation pay issued to an individual (provided for in Article 137 of the Labor Code). Approximately the amount of deductions is taken at 20% of the salary (provided for in Article 138 of the Labor Code).

Attention! You should know this! An exception to the above will be additional (special) paid non-working time. It is applicable to employees working in hazardous/harmful forms of work. This type of rest is proportional to the actual (real) work time (see Article 121 of the Labor Code).

Example of a vacation application

How does this happen in enterprises?

All workers at a particular enterprise go on paid non-working periods of time according to a pre-drawn vacation schedule. This document is drawn up at least 2 weeks before the official end of the current period; the procedure for its preparation is prescribed in Article 123 of the Labor Code.

What do they do with new employees who have been hired after officially drawing up a document on vacation periods? Of course, no one will change the schedule, and the new employee, after a certain period, writes an application for his first allotted rest.

The director of the enterprise gives permission for rest (and he has no right to refuse) or it is possible to agree in advance on the time of the paid non-working period with the new employee. These changes are simply made to the main schedule (this is not prohibited by law).

All workers have it, regardless of whether their employer is an individual or a legal entity; neither how long their working day lasts, nor how their work is paid.

In other words, even part-time workers have this right.

That is, the management of the organization cannot fire, transfer a person to another place, or deprive him of his salary during his time off (Article 114 of the Labor Code).

There is, however, one caveat - these norms apply only to participants in labor relations that are specifically sealed. If someone works under (and this includes agency work), then we are not talking about an employment relationship, but about paid services, where, of course, no vacations are guaranteed.

Here everything is finally decided by the boss. True, in other cases, a civil contract is recognized as an employment contract, then all relevant norms apply - including those regarding rest.

After how many months is vacation due in the first year of work? The first leave after being hired is granted to a newcomer after six months from the date of employment (Article 122 of the Labor Code). True, maybe earlier - in agreement with the authorities.

Is it possible to go on vacation earlier than 6 months without working this period? Yes, in particular, the following have the right to receive time off before this limit:

• adoptive parents of infants(up to 3 months);
• Knights of the Order of Glory;
• persons who received radiation exposure during work in Semipalatinsk;
• heroes of the Russian Federation;
• donors who provided blood 40 times or more are also Honorary Donors of the Russian Federation;
• an employee whose wife went on maternity leave;
• spouses of citizens in military service.

Thus, the employee’s right to leave arises after 6 months; another matter is whether the employer is obliged to provide leave after 6 months?

Yes, but some are reluctant to give it to their newly hired employees, so we advise you to discuss this issue with the employer to avoid conflict.

Vacation experience

Denial of leave to a new employee

Can a boss refuse leave? Maybe, if there are special circumstances. This requires the consent of the frame itself. A special order is issued and presented to the citizen for signature.

REFERENCE: In other cases, the vacation schedule is unshakable for both parties to the employment contract. If the employer persists, the person can, firstly, not go to work from the day prescribed by the schedule (and this will not be absenteeism!), and secondly, complain about the satrap to the labor inspectorate or the prosecutor's office. Or there and there at the same time.

About what to do if the employer does not allow you to go on vacation according to the vacation schedule.

An inspection will follow and if it turns out that the organization is to blame, it will result in a fine of up to 50 thousand rubles (Article 5.27 of the Administrative Code). It is very important to read the contract carefully when applying.

It may well contain a special order, and the signature will mean that you have accepted all the conditions. If the schedule is approved, neither the boss nor the employee needs to violate it.

By law, the first vacation after getting a job can be taken after six months. This rule applies to almost all groups of workers, but there are exceptions that allow you to take a vacation earlier.

Some organizations introduce their own rules for vacation periods in the first year of work, but they must be consistent with the norms of the Labor Code and not contradict it.

The employer is obliged not only to provide the new employee with vacation within the specified time frame, but also not to violate the already drawn up priority schedule for those who were previously employed. In addition, it is extremely important to maintain a rational balance between the desires of the employee and the production capabilities of the organization. Taking everything into account and not breaking the law is the main responsibility of the head of the organization.

The right to receive annual paid rest is assigned to every worker, regardless of profession, length of service and salary level. In accordance with the Labor Code of the Russian Federation, the minimum duration of vacation periods is 28 days per year, which when divided by 12 months forms a figure of 2.33. For each month worked, a person has the right to more than two paid days of rest.

By concluding an employment contract with a new employer, an employee automatically receives all social guarantees listed in the legislative norms of the Russian Federation. His contract specifies all the vacation periods due to him, which may include:

1. Regular or additional period.
2. Extended rest, which is required by a number of professions.
3. Days provided by the employer in excess of the specified norms on his own initiative.

But you can’t take advantage of the right to take paid vacation days right away. This is due to the fact that the employee has not yet actually earned it and, although subsequent rest may be provided in advance, a certain limit of trust must still be created before the employee can fully rest.

Sequence of provision

Employment during the calendar year entails a number of other inconveniences for the employer. So a common question among employers is determining the priority of what to do if a vacation schedule has already been drawn up.

A priority schedule must be drawn up by each organization within strictly established time frames. According to Article 123 of the Labor Code of the Russian Federation, this document is always drawn up before mid-December of the current year. All persons working in the organization must be included in it, indicating the start date of the vacation and its duration. Since the law does not prohibit dividing a vacation into component parts, such divisions can be prescribed in the schedule in advance. When a new person arrives, it is inappropriate to redo an already approved document, although this is not prohibited by law. But it’s easier to coordinate the time of care individually. To do this, a discussion between the parties to the labor relationship takes place at a time convenient for both. And the rest itself is provided at the request of the employee.

Required experience

Article 122 of the Labor Code of the Russian Federation regulates the procedure for granting vacation days in the first working year.

In accordance with its norms, an employee can obtain the legal right to rest only after six months of work. The specified six months are counted in calendar terms and imply that the person was hired and did not terminate the contract during this time. Not only days of actual work are taken into account, but also weekends, holidays, as well as days of illness or business trips. An exception to the general calculation rule may be days taken without pay if their total number exceeded the legally permissible threshold of 14 days. Missed days are also excluded from the total length of service and delay the right to apply for a vacation period.

After six months, the employee can apply to the management of the organization to request rest days. But not in all cases his request will be granted immediately and in full. Leave 6 months after employment may be delayed if:

1. There is a production need to fulfill certain labor indicators at this stage.
2. The waiting list does not allow a person to go on vacation.

Management cannot refuse paid days and is still obliged to send the employee on vacation during the year, but he is quite capable of adjusting the time off.

Duration of vacation period

Article 122 regulates the issues not only of when the first leave can be taken under the Labor Code, but also to what extent it can be taken. In accordance with the established rules, after six months of continuous work, an employee has the right to request the full period due to him for the year. But how much the employer will approve, taking into account all production factors, is a separate nuance. Many organizations impose some internal restrictions to avoid giving new hires all the rest at once. Such barriers are related to payment rules. When going on vacation, the employer is obliged to pay for the days provided, however, no one can prohibit a person from leaving immediately after it ends. It is illegal to force an employee to work, but you can return no more than 20% of the accrued settlement amounts, and they are close to zero, subject to dismissal after rest. Thus, a debt may arise, which is extremely problematic to collect from the dismissed person if he does not agree to put money in the cash register voluntarily.

However, organizations cannot legally ban the provision of all leave after six months, so they often refer to other conditions, for example, a busy schedule or impossibility for technical reasons.

Vacation earlier than six months

Not all categories of employees are required to work for six months; some can legally go on vacation before the expiration of this period. Only those employees who are listed in Part 3 of Article 122 of the Labor Code of the Russian Federation can go on vacation earlier. The employees specified in it cannot be denied the exercise of this right; they can go on vacation, even if they have worked in the organization for only a few weeks.

In addition to the mandatory conditions, there is a rule according to which the employer can himself issue vacation periods ahead of schedule. To do this, you just need to coordinate your request with management and get permission to leave. The duration of such premature segments is also negotiated individually, and the required period is prescribed in the order for the organization.

Categories of workers

The following can go on vacation before the six months worked:

1. Pregnant women before going on maternity leave.
2. Employees who gave birth immediately after the end of maternity leave according to BiR and before the start of maternity leave for a child up to three years old.
3. Minors until they reach 18 years of age.
4. Employees who adopted a child under three months of age.

Article 122 stipulates that other rules may be applied if they are established at the federal level. But there is another common category that does not have a time limit for taking paid annual leave - these are part-time workers. For those working part-time, internal or external, vacation periods are always issued along with the days that are issued at the main place of work. This is an obligation of all employers who have part-time employees. When arranging a vacation for such employees, you should take into account not only the fact that they are not subject to issuance deadlines, but also the fact that the duration must be equal to the main segment. If the due combined rest days do not reach the required limit, then the employee has the right to get them at his own expense.

Notification of the start of vacation

According to the Labor Code, the employer is obliged to notify each employee about the start time of his vacation period according to the schedule. To do this, at least two weeks before the start of the vacation, the HR department prepares a written notification, indicating the dates of vacation specified in the priority schedule. Notification is mandatory, and its absence may result in penalties, and allow the vacationer to reschedule periods to another time at his or her discretion. The employee reads the notice and signs it.

Not in all cases it is possible or necessary to notify an employee. So, when a new person is hired into the organization’s staff, he most likely is not included in the priority schedule, because editing a document because of one person is unprofitable and time-consuming. Therefore, the management of the organization does not send him a notice, but waits for the worker himself to express a request for rest. In such a turn of events, an application is submitted on behalf of the employee, which is agreed upon by the director.

In both cases, the last stage of documentation is the issuance of an order, indicating the deadlines and the order for the calculation of payments.

Procedure for registration and payment

Vacation days must be paid based on income earned over the last 12 months.

But only those salary amounts that were accrued in this organization are taken into account. That is why it is sometimes unprofitable for the employee himself to arrange vacation periods at the beginning of his working life at a given enterprise.

The accounting department calculates how much compensation a vacationer is entitled to. They take 12 months or less of total income and calculate the average monthly salary. And then this figure is divided by 29.3, which allows you to get the average daily income. This figure is then multiplied by the total duration of the period provided and vacation compensation is obtained, from which the required percentage of personal income tax is deducted.

Payment of accrued amounts is made in the generally accepted manner, three days before the start of the vacation.

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