Labor Code on granting leaves to employees
The procedure and basic rules for providing annual paid leave to employees are described in Article 122 of the Labor Code of the Russian Federation. Clause 1 states that in the standard case, the employee’s right to receive it is formed only after 6 months from the date of employment.
However, this rule can be leveled by agreement between the parties. If the employer agrees to a different procedure, the parties have the right to apply it.
The Labor Code of the Russian Federation also indicates the possibility of obtaining the right to rest at any time if the employee has worked for at least a year.
Vacation after 6 months of work: an employee’s right or obligation?
Attention! According to Part 2 of Article 122 of the Labor Code of the Russian Federation, absolutely any employee can receive his first vacation after being hired and 6 months worked.
To avoid misunderstandings between the boss and the employee, the issue of the duration of vacation should be discussed in advance upon hiring or, if necessary, the desired period of rest should be agreed upon fourteen days before the start of the vacation.
How long can you take a vacation?
Article 115 of the Labor Code of the Russian Federation states that vacation after six months of work is 28 calendar days. This is the standard period of annual leave that is paid to the employee.
Certain subordinates have the right to take longer leave after employment.
These include:
- persons under the age of majority,
- employees with disabilities
- people who work with chemical weapons,
- teachers,
- scientific workers.
Calculation of vacation pay for an incomplete month worked.
The amount of leave for such citizens can be from 30 days or more.
Is it possible to go on vacation before 6 months?
According to Article 122 of the Labor Code of the Russian Federation, the first annual leave can be taken before the employee has worked for the required period of 6 months. This case requires consent from management.
There are cases when a citizen receives leave ahead of schedule, so to speak, in advance, but then immediately quits. Such a case gives the boss the right to withhold from the subordinate’s salary the amount that was not worked for leave granted ahead of schedule.
Watch the video. Vacations. Procedure for submission and registration:
How is vacation paid after six months of work?
In Art. 122 of the Labor Code of the Russian Federation states that paid annual leave is provided after a six-month period, and the employer has no reason to pay only part of it, that is, for fourteen calendar days.
In this case, the manager is obliged to pay money for all 28 days, which constitute the period of the employee’s annual basic leave with subsequent payments for it.
Important! Article 139 of the Labor Code of the Russian Federation establishes that during vacation the employee retains the calculations of the average wage, which are calculated in accordance with all the rules. Namely, the position of various features in the order of which the average salary is calculated.
How to make an application
applications for free annual paid leave in word format
There are no established deadlines in the Labor Code of the Russian Federation for applying for leave. Each organization is required to draw up a special schedule, the implementation of which is monitored by the human resources department.
14 days before the vacation, the employee must be notified by the HR department of the approaching vacation. Fourteen days are allocated in order to issue an order and calculate vacation pay. Payments must be accrued no later than three days before the planned vacation.
Is it possible to replace vacation with monetary compensation?
In an application for leave after 6 months of service, you must indicate:
- personal data of both parties,
- request for leave. If an employee wants to rest for 28 days, then this period is indicated in the application, and if it is longer, then it is necessary to indicate for what specific period the vacation is taken,
- signature and date at the time of drawing up the document.
The application must be signed by the employer, after which it must be submitted to the HR department.
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The boss has the right to refuse an employee who has applied to him for leave after a six-month working period if:
- the vacation schedule does not include the time specified in the application,
- the time remaining until the end of the working year exceeds the duration of annual leave.
Despite this, information about planned vacation for a new employee hired this year must be included in the schedule approved by management.
Is it possible for an employee to refuse vacation?
An employee who has worked for 6 months can be denied leave only if both parties agree. The employee can use part of the vacation, and the employer is obliged to pay the remaining days that he did not use as remuneration after dismissal.
Please note! The subordinate may also not take vacation at all and write a statement of refusal, in which case the due compensation is paid for the vacation that was not used.
What happens if, after being on vacation, you quit before the end of the working year?
If an employee decides to quit before the end of the working year, for which he has already been allocated annual paid leave, then the employer has every reason to withhold from his salary part of the average income for days of rest that were not worked.
If a citizen is dismissed on the grounds provided for in Articles 77, 81 and 83 of the Labor Code of the Russian Federation, funds cannot be withheld.
Can vacation start on a day off?
We must remember that annual paid leave can be divided into parts, but one of the sections should not be less than two weeks.
This division can be carried out only by agreement concluded between the employer and employee and on the basis of Article 125 of the Labor Code of the Russian Federation. The boss does not have the right to unilaterally divide vacation into parts or allocate only two weeks for rest.
Watch the video. How to calculate vacation pay:
Is it possible to go on vacation without working for six months?
Newly arrived employees may wonder whether it is possible to take a vacation earlier than after 6 months of work.
This is often associated with the emergence of unforeseen circumstances, new plans, etc. The Labor Code of the Russian Federation allows it to be provided to an employee earlier than the due date. To do this, it is enough to reach a joint agreement.
However, employers are often wary of the risks associated with providing leave in advance. For example, such an employee may decide to quit, which will create some inconvenience in the final settlement. That is why it is not always possible to realize the possibility of resting ahead of schedule; it all depends on the specific situation.
Let's sum it up
- For persons newly hired, the general rule applies, according to which the right to the first annual leave arises no earlier than after six months of work. However, this rule is not always followed, since there are grounds requiring the employee to be allowed to go on vacation at any time convenient for him. And in the absence of such grounds, the employer can simply meet the employee halfway and fulfill his request for early leave.
- The grounds obliging an employee to be given leave at the time specified by him are quite varied and are contained both in the Labor Code of the Russian Federation and in a number of other laws. Most of them are associated with the expectation or presence of a child (children) in the family, as well as with services to the country.
- The right to early leave (if there are grounds) can be declared upon hiring. In this case, the new employee’s rest time will be included in the vacation schedule, taking into account his wishes. If the grounds giving the right to choose the time of rest arise later than the date of hire, then in order to change the period allotted for vacation, the employee will have to submit to the employer an application to postpone this period, indicating the reason for the postponement and confirming it with documents.
Categories of employees who are entitled to vacation days in advance in any situation
The legislation provides for the possibility of obtaining leave ahead of schedule for certain categories of persons. Art. indicates this. 122 Labor Code of the Russian Federation, clause 2.
Holidays are required in advance:
- maternity leavers;
- adoptive parents of a child under 3 years old;
- minors.
Expert opinion
Irina Vasilyeva
Civil law expert
Pregnant women, women with children and minors have privileges in many aspects of labor legislation, including in terms of granting early rights to rest.
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Vacation after 6 months of work, how many days, is it possible to go earlier
Every citizen, after 6 months of working activity, has the right to go on vacation. The legal opportunity for the first paid vacation comes after six months of continuous work in one organization, according to Article 122 of the Labor Code of the Russian Federation. The following rest periods are assigned according to the established vacation schedule, which is drawn up annually in each organization.
Also, there is the possibility of providing the required rest earlier than the established period of 6 months. This opportunity is the right of the employer, so the employee cannot demand vacation days for up to six months.
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Article 122 of the Labor Code of the Russian Federation. Procedure for granting annual paid leave
New edition of Art. 122 Labor Code of the Russian Federation
Paid leave must be provided to the employee annually.
The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
for women - before maternity leave or immediately after it;
employees under eighteen years of age;
employees who have adopted a child (children) under the age of three months;
in other cases provided for by federal laws.
Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
How to provide?
Providing leave before the end of 6 months of work begins with the employee submitting a corresponding application. It is drawn up in a standard form addressed to the manager with a request to provide annual paid leave from a certain date.
The question of whether the employee will be given early rest is decided by the manager when considering the application. If he does not object, he puts his visa on the application with the note “agreed”.
If he refuses, he puts the appropriate signature on the application. The refusal must be communicated to the interested party. If the leave is agreed upon, then a corresponding order is drawn up and signed. From this date, the employee has the right to be on vacation. No additional agreement or other documents are drawn up in this case.
How is it paid?
Payment is carried out according to the same principle as in the standard case. When making calculations today, accounting uses programs that, if the data is entered correctly, independently calculate the amount of vacation pay.
When calculating manually, the amount of average earnings is multiplied by the number of vacation days. Payments are transferred 3 days before leaving for vacation.
