How to calculate the number of vacation days in 2021 and 2021

Standard duration of vacation according to the Labor Code of the Russian Federation

In 2021, no global amendments were made to the Labor Code in Russia, and no major changes that would affect the basics of labor relations are planned in Russia.

The duration of annual leave according to the Labor Code of the Russian Federation in 2021 is 28 calendar days.

Exactly like this. four-week vacation is guaranteed by Article 115 of the Labor Code of Russia. The same article stipulates that in some cases the duration of vacation may be more than twenty-eight days. In particular, for some categories of workers this is directly guaranteed by the same Labor Code of the Russian Federation, as well as other federal laws.

Additional leave: who is entitled to it and what is its duration

Not everyone knows, but many categories of workers are entitled to additional leave in addition to the main leave. Additional leave is a certain additional number of days during which a certain category of employees can rest and receive payment for this period.

Who is entitled to DP:

These are the people who work in hazardous work or in dangerous working conditions;
These are citizens who work irregular hours;
Those people who perform special functions, perform certain jobs, etc.;
Citizens working in the Far North;
Other categories of workers who are granted such a right under a collective agreement or other federal law.

At the same time, you should know: the number of paid vacation days in this case is different for each category of employees. It depends specifically on the category.

And then let’s imagine the number of days of such leave according to the law:

For employees who work irregular working hours, an additional minimum of 3 calendar days per year is provided;
For those who work in harmful conditions, hazardous conditions, etc., an additional minimum of 7 calendar days is required under the Labor Code. In most cases, more than 7 calendar days are provided for hazardous working conditions. Everything is prescribed by a collective or labor agreement;
For employees in the Far North region, the longest duration of DP is provided - from 24 calendar days. But if the territory where a person works is not the territory of the Far North, but is simply equated to it, then additional leave will be granted not within 16 days.
Disabled people who are officially recognized as such and have a group. True, such people are entitled not to additional, but to extended leave. Its duration cannot be less than 30 days. All employers should also be aware that they cannot refuse additional unpaid leave to a disabled person. The duration of such a period can be up to 60 days per year. And no one can fire an employee due to a large number of absenteeism.

In addition to these categories of employees, people who have received an occupational disease, combatants, etc. may also require additional leave. The main thing is to take this norm into account when concluding an employment contract and write it down in the document.

Who is entitled to extended annual leave in 2021

In particular, the following categories of employees have the right to leave of more than 28 calendar days:

Minor workers - 31 days.
Disabled people - 30 days.
Working in children's institutions - 42 days.
Those working in educational institutions and teachers - 42 or 56 days.
Prosecutors and investigators of the prosecutor's office - 30 days.
Rescuers - from 30 to 40 days.
Civil servants - 30-35 days.
Judges - 30 days.

And so on, this is not a complete list of those who are guaranteed by law extended annual leave, subject to payment.

Formulas for calculating vacation pay in 2021

To calculate vacation pay, use the following formulas.

The billing period has been fully worked out:

29.3 days - the approved number of days in a month (Resolution of the Government of the Russian Federation of July 10, 2014 No. 642).

2. The billing period has been partially worked out or there are excluded periods:

Formula for calculating vacation pay:

Average daily earnings x Number of vacation days

Before transferring vacation pay, personal income tax must be withheld. It is important to transfer payments on time:

vacation pay - 3 days before the start of the vacation
Personal income tax on the day of payment of vacation pay.

What happens if a public holiday falls during your vacation?

In such cases, the number of additional days off due to holidays that fall during the vacation period will be added to the vacation period. For example, at the end of April - beginning of May 2021, in connection with the May holidays, Russians received three additional days off. Those who were on vacation at this time will actually have a rest period of not 28 days, but 31 days - an additional three days will be added to the vacation time as compensation for additional days off, the right to which the employee is not deprived of while on vacation.

Rules for granting annual paid leave

Art. 123 of the Labor Code of the Russian Federation describes the procedure for providing labor vacation periods in production. For legal regulation, in order to avoid confusion and prevent production downtime, vacation period schedules should be drawn up annually. The schedule must be approved by the organization before December 15 of each year. The labor vacation period included in the schedule can be transferred and divided into parts in agreement with the head of the site, the personnel department and the director. Regardless of the schedule, a man whose wife is on maternity leave can take rest at any necessary time.

How is the priority for granting annual paid leave determined?

Schedules must be agreed upon with the employee, the site manager and the head of the enterprise. To prevent infringement of the rights of workers, the schedule is coordinated with the trade union organization, represented by its chairman. Some organizations establish a special procedure for regular work rest and prescribe it in the LNLA. This is due to the specialization of production and capacity loads at different periods of the year.

How is regular annual leave paid?

The next vacation period is accrued according to the rules established by law. The accrual procedure requires calculations to be made for the last calendar year. All income received during this period of work is taken into account. Based on the amount received, the average salary for the day is calculated and multiplied by the days of the next period. An additional vacation period is paid in the same manner as the main one. Some organizations provide assistance for the vacation period, which is enshrined in the enterprise’s legal regulations.

When must vacation pay be paid?

The next vacation period must be paid at least three days before the start of the vacation. Failure to comply with this deadline may result in serious trouble for the employer in the form of a fine. Civil servants have the right to a benefit from the state - this is a one-time payment when provided with annual paid leave. It is due to all civil servants and is issued upon written application for the vacation period, which was taken according to the schedule. Its size is equal to two salaries. A one-time payment cannot be cumulative and is transferable. If you refuse work rest this year, you can take it back at the end of your working year, also upon application.

How can you divide annual leave according to the Labor Code of the Russian Federation?

A standard vacation lasting 28 calendar days can be divided into any number of parts, but you need to keep in mind that one of these parts must last at least half of the full vacation, that is, 14 days.

As for the remaining 14 days, they can be taken in any way. Either a full two weeks in its entirety, or in parts of several days.

The most important thing is that you must agree with the employer on each of these mini-vacations in the same way as the vacation as a whole is agreed upon.

How to divide annual leave in accordance with the Labor Code of the Russian Federation

You can divide a regular vacation of 28 calendar days into as many parts as you like, but keep in mind that one of them must be at least half of the full vacation - 14 days.

But you can use the remaining 14 days as you wish. Either a full 2 weeks at once, or in parts of several days.

But, of course, for this you will need to agree with your employer on each of these mini-vacations, just as you agree on the entire vacation as a whole.

Minimum duration of annual paid rest: general rules

Many employees want to rest longer at the expense of their employers. But labor legislation clearly regulates how vacation is calculated. According to Part 1 of Art. 115 of the Labor Code of the Russian Federation, the minimum annual paid vacation is 28 calendar days. The calculation of the number of vacation days does not affect whether the person worked full or part-time, whether the person worked at his main job or part-time, or performed his duties at home or in the office.

The right to release from work duties arises 6 months after the conclusion of the employment agreement, although by agreement of the parties it will be possible to rest earlier. In Art. 122 of the Labor Code of the Russian Federation specifies categories of subordinates who cannot be denied the opportunity not to work until six months have passed. These include pregnant women, minors, employees who have adopted children under 3 months of age. But the rules for calculating vacation do not change in this case.

Typically, vacation days are calculated in proportion to the time worked. Therefore, if, without going on sick leave or absence for unexcused reasons, the period of continuous activity of an employee at the enterprise is six months, he is entitled to at least 14 paid calendar days. You can ask for more, but employers do not always agree to provide breaks from work in advance. In addition, it must be taken into account that in the event of dismissal before the end of a full year of work, part of the money paid will have to be returned.

Remember that official holidays, such as March 8 or May 9, are automatically included in the rest period (extend it). It will also be possible to avoid going to work longer if the employee did not rest, but was on sick leave due to his own illness or injury.

Additional paid days off

Some employees, in addition to the annual paid 28 days off, are entitled to additional days. We are talking about disabled people (in general, employers provide them with at least 30 paid days) and persons who:

work in harmful and dangerous industries (given an additional minimum of 7 days);
work in the Far North and equivalent regions (rest at the expense of the employer is increased by at least 24 days);
work in irregular working hours (add at least 3 days).

How to calculate the number of days

So, based on the provisions of Article 122 of the Labor Code, after employment, an employee is able to apply for leave after 6 months of constant work. In principle, it is possible to take advantage of such a privilege earlier if there is an agreement between the employer and the employee.

If you have worked for more than a year, you can go on vacation at any time. The only exceptions are organizations that have an officially approved care schedule. If you do not use this option within the allotted time, you will have to coordinate your vacation with your employer individually.