Full or partial preservation. Methods of full and partial preservation of viable pulp. Exemption from work

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Translation of "saving partial content" in Russian

(e) Staff members shall not receive additional seniority for the purpose of receiving end-of-service benefits during the full months of special leave from preservation of partial content or no content.

(e) Staff members shall not accrue service credit towards the end-of-service allowance during full months of special leave with partial pay or without pay.

Partial pay or without pay.">

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Other results

In exceptional cases, special holidays may be granted with full or .

Partial pay may be granted.">

Special holidays from partial preservation of content or without save content lasting more than one month do not count towards the accumulation of seniority required to meet the requirements for the award of continuing contracts.

Periods of special leave with partial pay or without pay exceeding one month shall not be counted towards accrued years of service for eligibility requirements for a continuing appointment.

Partial pay or without pay exceeding one month shall not be counted towards accrued years of service for eligibility requirements for a continuing appointment.">

b) Number of full months of special leave since partial preservation of content or without save content shall not be credited to Project Officers for the accumulation of any entitlements under these Rules.

(b) Project personnel shall not accrue service credit towards any entitlement under these Rules during full months of special leave with partial pay or without pay .

Partial pay or without pay.">

Staff members appointed in accordance with these Rules may, for good reason, be granted special leave of full or partial preservation of content or without save content and for such period as the Secretary-General, in the light of the particular circumstances, may deem necessary.

Staff members appointed under these Rules may be granted special leave, with full or partial pay or without pay, for compelling reasons for such a period as the Secretary-General may deem appropriate in the circumstances.

Partial pay or without pay, for compelling reasons for such a period as the Secretary-General may deem appropriate in the circumstances.">

Another agency provided for four weeks of special leave, but this depended on the type of contract and could involve full content preservation, partial his preservation or unpaid leave.

pay, partial pay or no pay.">

Full leave credit save content, partial part-time leave and part-time work caring for children under the age of fifteen.

Full credit for 10 years" service in the case of leave without pay, leave for the purpose of converting to half-time employment, or service on a part-time basis for the purpose of caring for children under 15 years of age.

Pay, leave for the purpose of converting to half-time employment, or service on a part-time basis for the purpose of caring for children under 15 years of age.">

(e) Staff members on a temporary contract may, for valid reasons, be granted special leave of absence of full or partial preservation of content or without save content for such period as the Secretary-General deems necessary.

(e) Staff members holding a temporary appointment may exceptionally be granted special leave, with full or partial pay or without pay, for compelling reasons for such period as the Secretary-General deems appropriate.

Partial pay or without pay, for compelling reasons for such period as the Secretary-General deems appropriate.">

However, special holidays lasting more than one month from partial preservation of content or without save content are not credited to staff members for accumulating entitlements to sick leave, annual or home leave, salary increases, seniority, severance pay and repatriation grant.

However, staff members shall not accrue service credits towards sick, annual and home leave, salary increment, seniority, termination indemnity and repatriation grant during periods of special leave with partial pay or without pay exceeding one month.

Partial pay or without pay exceeding one month.">

These questions are of great importance for partial the presence of United Nations forces.

Decisions about the residual presence of the United Nations force.">

Without exception, national and international stakeholders stressed the need partial the presence of peacekeepers at the end of UNAMSIL to support the transfer of responsibility to the national level.

All national and international stakeholders, without exception, emphasized the need to maintain a residual post-UNAMSIL peacekeeping presence to accompany the transition to national primacy.

Maintain a residual post-UNAMSIL peacekeeping presence to accompany the transition to national primacy.">

Saving partial configuration. you can export an individual rule, an entire policy, or an entire configuration.

Medical assistance is provided by these institutions on a fee-paying basis. partial budget financing for the provision of free medical care to a certain contingent of patients and persons with social benefits.

These institutions offer treatment on a fee-for-service basis while retaining an element of public funding that enables them to provide free medical treatment to a defined quota of patients and social benefit recipients.

Retaining an element of public funding that enables them to provide free medical treatment to a defined quota of patients and social benefit recipients.">

Within it were partially preserved revised terms linked to debt relief to ensure that debt service savings are actually used to increase spending on growth-enhancing social programs, while allowing for an increase in aid.

This revamped but maintained the conditions attached to debt relief, designed to ensure that the savings on debt service were in fact channelled into increased spending on growth-enhancing social programs, while increasing the relief available.

Revamped but maintained the conditions attached to debt relief, designed to ensure that the savings on debt service were in fact channelled into increased spending on growth-enhancing social programs, while increasing the relief available.">

When necessary and possible, the Organization may offer an individual set of conditions that will allow a staff member to remain on special leave with full or partial content or without content for pension and health insurance purposes or for other good reasons.

When warranted and possible, the Organization could offer a customized package that would allow the staff member to remain on special leave with full or partial pay or without pay for pension and medical insurance purposes or other compelling reasons.

Partial pay or without pay for pension and medical insurance purposes or other compelling reasons.">

However, periods of special leave from partial preservation or without save content lasting one full month or more.

Before paying an employee temporary disability benefit, the employer must correctly calculate its amount. To do this, he is obliged, among other things, to determine the period of temporary disability, excluding from it the days when the allowance is not assigned.

Consider the periods for which the employee is not assigned temporary disability benefits.

According to part 2 of Art. 5 of the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” (as amended on May 1, 2017; hereinafter referred to as Federal Law No. 255-FZ), temporary disability benefits are paid to the insured persons:

During the period of work under an employment contract, performance of official or other activities, during which they are subject to compulsory social insurance in case of temporary disability and in connection with motherhood;

In cases where the disease or injury occurred within 30 calendar days from the date of termination of the specified work or activity, or in the period from the day the employment contract was concluded until the day it was canceled.

By virtue of Part 8 of Art. 6 of Federal Law No. 255-FZ, the benefit is paid to the insured person for all calendar days falling on the corresponding period of temporary disability, including weekends and holidays. A similar opinion was expressed in the letter of the FSS of Russia dated 06/05/2007 No. 02-13 / 07-4830.

The exception is calendar days falling on the periods specified in Part 1 of Art. 9 of Federal Law No. 255-FZ.

Let us consider in more detail the cases when temporary disability benefits are not assigned to the insured person.

Exemption from work.

The allowance is not assigned for the period of release of the employee from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation. The only exception is the case of an employee's disability due to illness or injury during the period of annual paid leave.

Such periods when the allowance is not assigned, in particular, include:

Periods of preparation and holding of elections of deputies of the State Duma by voting members of the election commission (compensation is paid for this period) , as amended on 06/18/2017);

The time for jurors to fulfill their duties of administering justice (guarantees and compensations provided for by labor legislation remain at their main place of work) (part 3 of article 11 of the Federal Law of August 20, 2004 No. 113-FZ “On jurors of federal courts of general jurisdiction in the Russian Federation ", as amended on 07/01/2017);

Periods of preparation and conduct of a referendum by voting members of the referendum commission (compensation is paid for this period) (Part 3, Article 46 of the Federal Constitutional Law of June 28, 2004 No. 2017);

Periods of preparation and conduct of elections of the President of the Russian Federation by members of the election commission with the right to vote (compensation is paid for this period) (clause 3 of article 64 of Federal Law No. 06/18/2017);

Periods of summoning working citizens to court as witnesses (monetary compensation is paid based on the actual time spent on performing the duties of a witness and their average earnings) (part 2 of article 95 of the Civil Procedure Code of the Russian Federation);

Periods of summoning working citizens to the arbitration court as witnesses (average earnings at the place of work are maintained) (part 4 of article 107 of the Arbitration Procedure Code of the Russian Federation);

Periods of preparation and conduct of elections, a referendum by members of the commission with the right to vote (compensation is paid for this period) (clause 17, article 29 of the Federal Law of June 12, 2002 No. 67-ФЗ “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens” Russian Federation”, as amended on 06/01/2017);

The time of participation of employees in collective negotiations, in the preparation of a draft collective agreement (agreement) (average earnings are retained for a period determined by agreement of the parties, but not more than three months) (Article 39 of the Labor Code of the Russian Federation);

Periods of administration of justice by arbitration assessors (average earnings at their main place of work are retained, as well as guarantees and benefits provided for by the legislation of the Russian Federation) (Clause 3, Article 7 of Federal Law No. 70-FZ dated 05.30. Federation”, as amended on December 19, 2016);

Time spent in connection with the appearance in the tax authority as a witness (salary at the main place of work is kept) (clause 3, article 131 of the Tax Code of the Russian Federation);

The time of a medical examination, medical examination or treatment to resolve issues of registration of citizens for military registration, mandatory preparation for military service, conscription or voluntary entry into military service, admission to the mobilization manpower reserve, conscription for military training, as well as the time of execution by them other duties related to military registration, mandatory training for military service, conscription or voluntary entry into military service, admission to the mobilization manpower reserve and conscription for military training. During these periods, the average salary or stipend is paid at the place of permanent work or study, expenses associated with hiring (sub-renting) housing and paying for travel from the place of residence (work, study) and back, as well as travel expenses are reimbursed (clause 1, article 6 Federal Law No. 53-FZ of March 28, 1998 “On military duty and military service”, as amended on May 1, 2017);

The time of performance of trade union duties in the interests of the collective of workers (as well as the time of short-term trade union training) by members of trade union bodies who are not released from their main work, authorized by the trade union for labor protection, representatives of the trade union in joint committees (commissions) for labor protection created in organizations. The procedure for paying for the time of fulfilling trade union duties and the time of study of these persons is determined by the collective agreement, agreement (clause 5, article 25 of the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity”, as amended on 03.07 .2016).

Suspension from work.

The allowance is not assigned for the period of suspension from work in accordance with the legislation of the Russian Federation, if wages are not accrued for this period.

Cases of dismissal of an employee without pay are listed in Art. 76 of the Labor Code of the Russian Federation, these include:

The appearance of an employee at work in a state of alcoholic, narcotic or other toxic intoxication;

Failure by the employee to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

Failure by an employee to undergo a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Identification of an employee, in accordance with a medical report issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, of contraindications for him to perform work stipulated by an employment contract;

Suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to perform his duties under an employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

Requirement of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

In other cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

Detention.

The allowance is not assigned for the period of detention or administrative arrest.

Forensic-medical examination.

The allowance is not assigned for the period of the forensic medical examination.

Simple.

The benefit is not awarded for the downtime period, except for the case when temporary disability occurs before the downtime period and continues during the downtime period.

The Constitutional Court of the Russian Federation in the Determination of 17.01.2012 No. 8-O-O indicates that this norm does not violate the constitutional rights of citizens. Downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee is payable by the employer, that is, the employee retains income. Therefore, the insurance risk, with the implementation of which Federal Law No. 255-FZ links the emergence of the obligation to appoint and pay temporary disability benefits, is not realized.

In the event of downtime due to the fault of the employee and the onset of temporary disability during the period of this downtime, the employee loses earnings not as a result of an insured event, that is, temporary disability, but due to the guilty actions of the employee himself.

• How has the procedure for calculating average earnings changed?
• What periods are excluded from the calculation?
• How are employee bonuses calculated?

Nina Cherkasova, journal expert

Initial data

Some time is excluded from the calculation period (12 months) (Table 1). The amounts accrued to the employee during this time are not taken into account (clause 5 of the Regulation). The list of periods now excludes days of rest (days off) in connection with work in excess of normal working hours with a rotational organization of work and in other cases provided for by the legislation of the Russian Federation. That is, now this time is taken into account in the calculation.

Table 1. Periods that are excluded from the calculation period

To calculate the average earnings, all types of payments provided for by the businessman's remuneration system are taken (Table 2). As a rule, they are negotiated internally. This does not take into account payments of a social nature and not related to wages. In particular, financial assistance, payment for the cost of food, travel, education, utilities, recreation, temporary disability benefits, pregnancy and childbirth, payment for medical services, payment for training not related to production needs. This exception is introduced by paragraph 3 of the Regulations.

Table 2. Basic payments taken into account for calculating average earnings

As for bonuses and remuneration (clause 15 of the Regulations), the monthly amounts actually accrued for a particular month of the billing period are taken into account, but not more than one payment for each indicator, for each month of the billing period. Premiums for a certain period exceeding a month (quarter, half year, year) are accounted for in the amount of the monthly part for each month of the billing period. That is, 1/3 of the quarterly bonus or 1/6 of the semi-annual bonus is added to the actually accrued salary for each billing month. The remuneration based on the results of work for the year that falls within the billing period is taken regardless of the time the remuneration is accrued. If the time for which the bonus is issued does not fully fall within the billing period or part of it is excluded (table 1), bonuses and remunerations are taken into account proportionally. For example, a 2007 award issued in January 2008 would refer to 2007. Let's assume that February-December 2007 falls into the calculation period, which means that the part of the premium related to these months will be taken into account.

Leave and compensation

The average earnings are determined by multiplying the average daily earnings by the number of days (calendar, working) in the period for which the amount is charged. When paying for vacations and issuing compensation for unused vacation, it matters whether the billing period has been fully worked out or not. If worked, the average daily earnings are determined by dividing the amount of salary by 12 and by the average monthly number of calendar days (29.4).

Example 1

Ivanov A. was given a vacation of 14 calendar days from February 4 to February 17, 2008. The monthly salary is 10,000 rubles, in January 2008 he received a bonus for 2007 - 5,000 rubles. The settlement period (February 2007 - January 2008) has been worked out completely. We include the premium for 11 months (February-December 2007) in the amount of 4583.33 rubles. (5000 rubles / 12 months 5 5 11 months) The average daily wage is 353.13 rubles. ((10,000 rubles 5 12 months + 4583.33 rubles) / 12 / 29.4). Vacation pay will amount to 4943.82 rubles. (353.13 rubles 5 5 14 days).

If the billing period has not been fully worked out or the time provided for in paragraph 5 of the Regulations (table 1) was excluded from it, the calculation will change. First you need to adjust the number of days of the billing period. To do this, the average monthly number of calendar days (29.4) is summed up, multiplied by the number of full months and the number of calendar days in incomplete months. The latter is determined by dividing the average monthly number of calendar days (29.4) by the number of calendar days of the month and multiplying by the number of calendar days per hour worked. To get the average daily earnings, it is necessary to divide the actual accrued salary by the amount received above.

Example 2

Let's change the conditions of example 1. An employee was ill from March 27 to April 29, 2007. Accordingly, in March, April, he received a partial salary - 4,500 rubles each (for simplicity, let's take the same amount). Paid sick leave during this period is not included in the calculations. Of the 12 months of the billing period, 10 have been fully worked out. The bonus accrued for 2007 should also be taken into account for the actual hours worked. That is, for February, May-December (9 months), 1/12 is taken, and for March-April, 1/12 is taken from the part that falls on the actually worked days. For ease of calculation, we take a fixed amount of 150 rubles. The calculation of average earnings is shown in table 3.

Table 3. Determining the amount of vacation pay if the billing period has not been fully worked out

The described procedure also applies to employees hired on a part-time basis (part-time work week, part-time work day).

Other calculations

For other cases, when it is necessary to determine the average earnings according to the Tax Code, the average daily value is calculated by dividing the amount of wages actually accrued for the days worked in the billing period by the number of days actually worked in this period.

Separately, the Regulation stipulates the calculation of the average payment for employees to whom the sum is set (except for the payment of vacations and compensation for unused vacation). Here it is necessary to proceed from the average hourly earnings. It is determined by dividing the amount of salary accrued for the hours worked in the billing period by the number of hours actually worked in this period. To find the average earnings, you need to multiply the average hourly earnings by the number of working hours according to the employee's schedule in the period payable.

Table 4. The procedure for calculating average earnings

ASSIGNMENT AND PAYMENT OF BENEFITS FOR TIME

INABILITY TO WORK FOR THE EMPLOYEE FOR THE DAYS OF HIS STAY

ON VACATION WITHOUT PAYMENT

In the event that an employee loses his ability to work while he is on leave without pay (hereinafter referred to as leave at his own expense), there is an opinion that temporary disability benefits are not assigned to this employee and are not paid for those days when he was on vacation at his own expense. .

This opinion is based on 1 p. 1 art. 9 of the Federal Law of December 29, 2006 N 255-FZ (as amended on February 29, 2009), according to which temporary disability benefits are not assigned to the insured person for the period of release of the employee from work with full or partial pay or without payment in accordance with the law Russian Federation, with the exception of cases of disability by an employee due to illness or injury during the period of annual paid leave.

Let's try to analyze the position of paragraphs. 1 p. 1 art. 9 of Law N 255-FZ and establish whether it says that if an employee loses his ability to work while he is on vacation, this employee will not be awarded temporary disability benefits at his own expense.

Temporary disability benefit is not assigned to the insured person for the period of the employee's release from work with full or partial pay or no pay in accordance with the legislation of the Russian Federation.

It should be noted that the exception to this rule, as stated in paragraphs. 1 p. 1 art. 9 of Law N 255-FZ, is not a specific period, but a certain case - the loss of an employee's ability to work due to illness or injury during the period of annual paid leave. It is no coincidence that this provision does not exclude any period, but a certain case. This can only mean one thing - this case refers to the release of an employee from work.

The following question is legitimate here: are vacations, including vacations at one's own expense, implied by release from work?

When interpreting the provisions of par. 1 p. 1 art. 9 of Law N 255-FZ, as a rule, the phrase is not taken into account: "cases of disability by an employee due to illness or injury", which leads to the following: temporary disability benefits are not assigned to the insured person for the period the employee is released from work with full or partial pay payment or without payment in accordance with the legislation of the Russian Federation, with the exception of the period of the employee's annual paid leave.

Therefore, the period of annual paid leave, as well as periods of other holidays, including holidays at one's own expense, are understood as the period of the employee's release from work.

Many authors of articles, written consultations, forum participants refer to the Letter of the FSS of the Russian Federation N 02-13 / 07-1795 and argue that leave at one's own expense is a release, and therefore, temporary disability benefits are not assigned and not paid for those days when the employee was on vacation at his own expense.

In paragraph 2 of the Letter of the FSS of the Russian Federation N 02-13 / 07-1795, the following explanation is given. Referring to paragraph 1 of Art. 9 of Law N 255-ФЗ and only citing this provision without any attempt to prove that vacation at one’s own expense is a release, the FSS of the Russian Federation determined that if temporary disability occurred during the vacation at one’s own expense, then temporary disability benefits for days spent during this vacation is not assigned and not paid.

However, despite this, many accountants still often have questions regarding the appointment and payment of temporary disability benefits for the period the employee is on vacation at their own expense.

It should not be forgotten that the Letter of the FSS of the Russian Federation is not a regulatory legal act and, therefore, this document is only of an explanatory nature (clause 2 of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration, approved by the Decree of the Government of the Russian Federation dated 13.08. 1997 N 1009 (as amended on March 17, 2009)).

According to Part 1 of Art. 128 of the Labor Code of the Russian Federation, leave at one's own expense may be granted to an employee for family reasons and other valid reasons based on the employee's application. In cases established by law, leave at one's own expense is provided on a mandatory basis upon a written application from the employee (part 2 of article 128 of the Labor Code of the Russian Federation).

We draw attention to the fact that Art. 128 of the Labor Code of the Russian Federation is included in Ch. 19 "Vacations" of the Labor Code of the Russian Federation, which determines the procedure for granting leave to an employee at his own expense, annual paid leave and additional paid leave. Chapter 19 of the Labor Code of the Russian Federation, in turn, is included in Sec. V "Time of rest" of the Labor Code of the Russian Federation.

From this we can conclude that all holidays (annual paid leave, additional paid leave and leave at one's own expense), since they are contained in sec. V of the Labor Code of the Russian Federation, are rest time, and rest time is not an exemption from work in accordance with the labor legislation of the Russian Federation.

In pp. 1 p. 1 art. 9 of Law N 255-FZ indicates that the release of the employee takes place in accordance with the legislation of the Russian Federation. The foregoing means that release should be understood only as the time and those periods during which the employee was released from work in accordance with the legislation of the Russian Federation. Thus, the periods during which the employee rested while on vacation provided for by labor legislation (leave at his own expense) should not be understood as periods in which the employee was released from work.

The legislation of the Russian Federation distinguishes between the rest of an employee and the release of an employee from work, despite the fact that in practice the following is believed: if an employee is resting, then he is released from work for a while. However, it is not.

According to labor legislation, even the procedure for releasing an employee from work differs from the procedure for providing an employee with rest, including in the form of leave at his own expense. For example, according to part 1 of Art. 128 of the Labor Code of the Russian Federation, the duration of vacation at one's own expense is determined only by agreement between the employee and the employer, and in cases where this vacation is provided to the employee on a mandatory basis, the duration of vacation at one's own expense in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation is determined in fixed calendar days.

As for the release of the employee from work, it does not refer to the time of rest, but in accordance with Part 2 of Art. 165 of the Labor Code of the Russian Federation by the time the employee fulfills state or public duties as:

a juror (Article 11 of Federal Law No. 113-FZ of August 20, 2004 (as amended on December 22, 2008));

donor (Article 6 of the Law of the Russian Federation of 06/09/1993 N 5142-1 (as amended on 07/23/2008));

member of the election commission (clause 3, article 70 of the Federal Law of May 18, 2005 N 51-FZ (as amended on July 19, 2009), clause 3 of article 64 of the Federal Law of January 10, 2003 N 19-FZ (as amended on July 19, 2003) .2008)) etc.

According to Art. 170 of the Labor Code of the Russian Federation for the period of performance by the employee of state or public duties in cases where, in accordance with the law, these duties must be performed during working hours, the employer is obliged to release the employee from work, and also guarantee him the preservation of his place of work (position).

The duration of the employee’s release from work, in contrast to leave at his own expense, is determined based on the period during which the employee needs to fulfill the state or public duties assigned to him by law, and not on the basis of an agreement between the employee and the employer or established by Part 2 of Art. 128 of the Labor Code of the Russian Federation of fixed calendar days.

Thus, holidays, including holidays at their own expense, and all together - rest time, cannot be an employee's release from work, since during the holidays the employee rests from his main job, and does not work.

When released from work, an employee cannot rest in accordance with the labor legislation of the Russian Federation. An employee is released from work to perform state or public duties, i.e. not for recreation, but to perform other work, for which he will be paid compensation in the amount determined by law.

An employee, while on vacation, may perform state or public duties, but on condition that a state or public duty is imposed on this employee during the period of his vacation.

According to Part 1 of Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period if the employee performs state duties during the annual paid leave, if the labor legislation of the Russian Federation provides for exemption from work for this.

In other words, if during the period the employee is on annual paid leave, a state obligation is imposed on him by law and it is provided that the employee is released from work for the period of performance of state duties, the employee will have a period of release from work within the period of his stay on annual paid leave.

Thus, we once again proved that vacations cannot be the release of an employee from work. Otherwise, the employer must release the employee from work during the period when the employee has already been released from work, this will be contrary to the labor legislation of the Russian Federation and common sense.

During the period the employee is on annual paid leave, in which he is released from work in accordance with Part 1 of Art. 124 of the Labor Code of the Russian Federation in connection with the assignment of state duties to him, an employee may fall ill or be injured, i.e. an employee may experience temporary disability.

This situation is presented in paras. 1 p. 1 art. 9 of Law N 255-FZ: a case of disability by an employee due to illness or injury during the period of annual paid leave.

As already mentioned, annual paid leave and leave at one's own expense are not exempt from work in accordance with the labor legislation of the Russian Federation. At the same time, the employee during the period of being on annual paid leave is released, if it is provided for by law, from work when state duties are imposed on the employee. The provision of paragraphs. 1 p. 1 art. 9 of Law N 255-FZ indicates that temporary disability benefits are not assigned only for the period of the employee's release from work, and not for the period of his vacation.

Therefore, the exception referred to in paragraphs. 1 p. 1 art. 9 of Law N 255-FZ, will relate specifically to the period of release of the employee, but in a certain case - in case of incapacity for work by an employee released from work to perform state duties during the period of annual paid leave in which this employee was.

The release of an employee from work, as well as vacation, is provided in accordance with the labor legislation of the Russian Federation with or without pay. Therefore, the phrase referred to in paragraphs. 1 p. 1 art. 9 of Law N 255-FZ, on the retention of wages or the lack of retention of wages, cannot refer to either leave with pay (annual paid leave, additional paid leave), or leave without pay (vacation at one's own expense). Leave with partial pay is not provided for by the labor legislation of the Russian Federation: either leave is paid in accordance with the law, or not paid.

Speech in pp. 1 p. 1 art. 9 of Law N 255-FZ is only about the retention of wages or the absence of retention of wages during the release of the employee from work.

Let us consider the cases when an employee, upon his release from work, retains his salary in accordance with the labor legislation of the Russian Federation (in whole or in part), and when it does not:

if the employee was released from work in connection with the performance of the duties of administering justice as a juror, then this employee shall be paid compensation for the days he performed the duties of administering justice. The amount of compensation should not be less than the average salary of the employee at his main place of work. Thus, the employee is released from work with full pay (part 2 of article 165 of the Labor Code of the Russian Federation, clause 1 of article 11 of the Federal Law of August 20, 2004 N 113-FZ (as amended on December 22, 2008));

if the employee was released from work in the manner prescribed by Part 4 of Art. 173 of the Labor Code of the Russian Federation, then he is paid for the time of release 50% of the average earnings at the main place of work, but not lower than the minimum wage. The provision of Part 4 of Art. 173 of the Labor Code of the Russian Federation applies to employees of part-time and part-time (evening) forms of education in educational institutions of higher professional education that have state accreditation. In this case, the employee is released from work with partial pay;

if the employee was released from work in the manner prescribed by Part 4 of Art. 174 of the Labor Code of the Russian Federation, then he is paid for the time of release 50% of the average earnings at the main place of work, but not lower than the minimum wage. The provision of Part 4 of Art. 174 of the Labor Code of the Russian Federation applies to employees of part-time (evening) and part-time forms of education in educational institutions of secondary vocational education that have state accreditation. In this case, the employee is released from work with partial pay;

if the employee was released from work in the manner prescribed by Part 3 of Art. 176 of the Labor Code of the Russian Federation, then he is paid for the time of release 50% of the average earnings at the main place of work, but not lower than the minimum wage. Regulation h. 3 Article. 176 of the Labor Code of the Russian Federation applies to employees studying in evening (shift) educational institutions. In this case, the employee is released from work with partial pay;

if an employee donates blood and its components, then on the days of donation, the employee is released from work and during these days he fully retains his average earnings (Article 186 of the Labor Code of the Russian Federation);

if an employee undergoing training in an organization, by agreement with the employer, is completely released from work and the parties to the apprenticeship agreement have established that only a scholarship is paid to the employee, then in this case the employee is released from work without pay (part 2 of article 203, art. 204 of the Labor Code of the Russian Federation);

if an employee undergoing training in an organization is, by agreement with the employer, completely released from work and the parties to the apprenticeship agreement have established that, in addition to the scholarship, the employee is paid wages in the amount determined by the agreement (for example, 50%), then in this case the employee is released from work with partial maintaining wages (part 2 of article 203, article 204 of the Labor Code of the Russian Federation);

if an employee undergoing training in an organization is completely released from work by agreement with the employer and the parties to the apprenticeship agreement have established that the employee, in addition to the scholarship, is paid wages in the amount of 100%, then in this case the employee is released from work with full pay (p. 2 article 203, article 204 of the Labor Code of the Russian Federation);

if an employee undergoing training in an organization is partially released from work by agreement with the employer and, in addition to a scholarship, he is paid wages for the time worked according to the employment contract, then in this case the employee is released from work with partial pay (part 2 of article 203 , article 204 of the Labor Code of the Russian Federation);

if a pregnant woman is provided with another job that excludes the impact of adverse production factors, then until another job is provided, the pregnant woman is subject to release from work with full preservation of the average earnings for all missed working days at the expense of the employer (part 2 of article 254 of the Labor Code of the Russian Federation);

if the employee is a member of the conciliation commission, a labor arbitrator, then for the duration of participation in the resolution of a collective labor dispute, he is released from his main job with full preservation of average earnings for a period of not more than three months within one year (Article 405 of the Labor Code of the Russian Federation). After the expiration of three months within one year, the average earnings are not saved. Therefore, in this case, a situation is possible when the employee will be released from work without saving the average earnings.

The above cases do not apply to holidays, including holidays at their own expense.

It follows from this that, in accordance with the provision of paragraph 8 of Art. 6, pp. 1 p. 1 art. 9 of Law N 255-FZ, temporary disability benefits are not assigned and paid to the insured person in all cases specified in paragraphs 1 - 7 of Art. 6 of Law N 255-FZ, including in case of temporary disability for those days when this insured person was released from work in accordance with the labor legislation of the Russian Federation with pay (full or partial) or without pay, except for the case of temporary incapacity for work that occurred in the case of the insured person released from work in accordance with the law during the period of his stay on annual paid leave.

Thus, if an employee has lost his ability to work during his stay on leave without pay, then the allowance for this employee for temporary disability must be assigned and paid for all days of his temporary disability.

S.Libkind

CEO

LLC "Audit-S-Kon"

Signed for print

Short-term leave without pay for family and domestic reasons, to work on a dissertation, write textbooks and for other good reasons, provided by agreement between the employee and the employer.

Short-term leave without pay, which the employer is obliged to provide to the employee.

Leave to care for a child until they reach the age of 3 years.

For working women, regardless of the length of service, at their request, the employer is obliged to provide, after a break in work caused by childbirth, leave to care for a child until he reaches the age of three years with the payment of a monthly state allowance for this period, the amount and conditions of payment of which are established by law.

Such leave is granted at the written request of the mother of the child and may be used by her in full or in parts of any duration.

Leave to care for a child until the child reaches the age of three years instead of the mother of the child is granted to the working father or other relatives of the child who actually takes care of the child, and when guardianship is appointed - to the child's guardian. At the same time, they retain the right to receive a monthly state allowance. At the request of these persons, while they are on parental leave, they can work at their main or other place of work on a part-time basis (no more than half the monthly norm of hours) and at home with the preservation of a monthly state allowance.

Leave to care for a child until he reaches the age of three years is included in the total length of service, as well as in the length of service in the specialty, profession, position, except for giving the right to a pension for work with special working conditions and length of service.

The length of service giving the right to subsequent labor holidays does not include the time of this holiday.

The employer is obliged, at the request of the employee, to provide leave without pay for up to 14 calendar days to the following categories of employees:

1) women who have two or more children under the age of fourteen or a disabled child under the age of eighteen;

2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states;

3) caring for a sick family member in accordance with a medical report;

4) disabled people working in industries, workshops and areas specially designed for the work of these persons;

5) other employees in cases stipulated by the legislation, collective agreement, agreement.

The holidays provided for by part one of this article are granted during the calendar year within the period agreed by the parties.

For family and domestic reasons, to work on a dissertation, write textbooks and for other good reasons, an employee, upon his written application, may be granted leave during the calendar year without pay for no more than 30 calendar days, unless otherwise provided by the collective agreement, agreement.

The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement, agreement.

If it is necessary to temporarily suspend work or temporarily reduce their volume, as well as in the absence of other work to which it is necessary to temporarily transfer the employee in accordance with the medical report, the employer has the right, with the consent of the employee (employees), to grant him (them) leave (leaves) without saving or with partial retention of wages, unless otherwise provided by the collective agreement, agreement.

The amount of retained wages is determined by agreement between the employer and employees, unless otherwise provided by the collective agreement, agreement.

By agreement between the employee and the employer, as well as in cases provided for by the collective agreement, the employer, instead of leave without pay, can provide part of the leave in accordance with the rules established by the first part of Article 174 of the Labor Code of the Republic of Belarus.