Conditions for providing preferential leave in the Far North.
Reduced travel for northerners is provided to those employees and family members who live and work in the Far North and equivalent areas. The regions of the Far North and equivalent areas include the Khanty-Mansiysk Autonomous Okrug (KhMAO) and the Yamalo-Nenets Autonomous Okrug (Yamalo-Nenets Autonomous Okrug).
If you live and work in these regions, then you and your family members have the right to pay for travel to and from your vacation destination.
An employee who does not live in the far north is not provided with the benefit.
Additional northern holiday
The next preference established for citizens working in the Far North is the opportunity to take additional (in excess of 28 days established in the Labor Code of the Russian Federation) vacation. Its duration is 24 days (if a person works in the Far North) or 16 (if a citizen works in a region that is equivalent to the Far North) per calendar year of work.
Citizens working on a standard schedule, on a shift basis, or part-time have the right to use additional northern leave. But if a person comes to the Far North on a business trip, the days he is there do not imply the appearance of additional vacation days.
Except in cases where the company's employee is a pregnant woman or a minor, additional northern leave can be compensated (vacation pay is paid, but the person continues to work on vacation days).
ConsultantPlus experts explained in detail when employees sent to the Far North from other regions are entitled to preferential leave. Get free demo access to K+ and get tips from the experts.
Law regulating preferential leave
The right to payment for travel to and from the place of vacation is stated in Article 325 of the Labor Code of the Russian Federation.
Before 2014, the first paragraph of the article looked like this:
Thus, until 2014, “state employees” (teachers, doctors, etc.) had the right to reduced fares. In addition, the right to preferential fares for northerners was extended to many oil companies, such as Rosneft PJSC, Lukoil OJSC, Slavneft OJSC, Gazpromneft OJSC, Surgutneftegaz OJSC and others.
On April 2, 2014, Federal Law No. 50 (FZ No. 50) was issued and signed, amending Article 325 of the Labor Code of the Russian Federation and increasing the categories of workers who are entitled to pay for preferential travel.
In the new edition, Article 325 of the Labor Code of the Russian Federation reads as follows:
Based on this article, it follows that all employees living in the regions of the Far North and equivalent areas and working in organizations located in the Far North and equivalent areas have the right to pay for travel to the place of use of vacation and back on the territory of the Russian Federation. Members of the employee's family have the same right.
Compensation of transportation expenses
The next benefit established by law for workers in the Far North is the opportunity, once every 2 years, to receive compensation for transportation costs for travel to and from their vacation destination, as well as compensation for the cost of baggage transportation. Please note that this compensation is guaranteed not only to employees of budgetary institutions. Private firms are also obliged to provide it, fixing the procedure for fulfilling this obligation in the provisions of the collective agreement, local standards, taking into account the opinions of trade unions (Article 325 of the Labor Code of the Russian Federation).
When does the legal right to preferential travel for northerners arise?
Let's look at some popular questions regarding preferential fares for northerners.
When can I exercise my right to preferential leave?
To deal with this issue, let us again turn to Article 325 of the Labor Code of the Russian Federation, the first paragraph of which states that
If you got a job in an organization in January 2021, then you will have the right to annual paid leave after six months, that is, in July 2021. At the same time as this right, you will have the right to preferential leave in 2021. That is, you can use preferential leave in the first year after employment.
How often can I take advantage of preferential holidays in the north?
You have the right to use preferential leave once every two years. If you used the right to preferential leave for northerners in 2021, then the next time you will be able to use this right is in 2021. If you do not take advantage of the right to preferential leave in 2021, this right will be transferred to the next calendar year, i.e. 2021.
An employee, once every two calendar years, has the right to pay the cost of travel and baggage transportation to the place of use of vacation and back within the territory of the Russian Federation and back by any type of transport (air, railway, sea, river, bus), including personal with the exception of taxis.
Should compensation be paid for vacation? | Petropavlovsk-Kamchatsky
Labor Code of the Russian Federation Article 325. Compensation for the cost of travel and baggage transportation to the place of vacation use and back
(as amended by Federal Law No. 90-FZ of June 30, 2006)(see text in the previous edition)
Persons working in organizations located in the Far North and equivalent areas have the right to pay once every two years at the expense of the employer the cost of travel and luggage transportation within the territory of the Russian Federation to the place of vacation and back. The employee’s right to compensation for these expenses arises simultaneously with the right to receive annual paid leave for the first year of work in this organization.
(Part one as amended by Federal Law dated April 2, 2014 N 50-FZ)
(see text in the previous edition)
Federal state bodies, state extra-budgetary funds of the Russian Federation, federal state institutions pay the employee the cost of travel within the territory of the Russian Federation to the place of use of vacation and back by any means of transport (except taxis), including personal ones, the cost of luggage weighing up to 30 kilograms, as well as the cost of travel and luggage transportation to the place where the employee’s vacation is used and back to non-working members of his family (husband, wife, minor children actually living with the employee) regardless of the time of use of the vacation.
(Part two as amended by Federal Law dated April 2, 2014 N 50-FZ)
(see text in the previous edition)
Payment for the cost of travel of the employee and his family members by personal transport to the place of use of the vacation and back is made at the lowest cost of travel by the shortest route.
Payment of the cost of travel and baggage transportation to the place of use of the vacation of an employee of a federal state body, a state non-budgetary fund of the Russian Federation or a federal state institution and members of his family and back is made upon the application of the employee no later than three working days before departure on vacation based on the approximate cost of travel . The final payment is made upon return from vacation based on the tickets or other documents provided.
(as amended by Federal Law dated April 2, 2014 N 50-FZ)
(see text in the previous edition)
The procedure for compensation of expenses for travel and baggage transportation to and from the place of vacation use for persons working in federal government agencies, state extra-budgetary funds of the Russian Federation, federal government agencies, and members of their families is established by regulatory legal acts of the Government of the Russian Federation.
(as amended by Federal Law dated April 2, 2014 N 50-FZ)
(see text in the previous edition)
The payments provided for in this article are targeted and are not cumulative in the event that the employee and members of his family do not timely exercise the right to pay the cost of travel and baggage transportation to and from the place of vacation use.
The guarantees and compensation provided for by this article are provided to an employee of a federal government agency, a state extra-budgetary fund of the Russian Federation or a federal government agency and members of his family only at the employee’s main place of work.
(as amended by Federal Law dated April 2, 2014 N 50-FZ)
(see text in the previous edition)
The amount, conditions and procedure for compensation of expenses for payment of the cost of travel and baggage transportation to the place of use of vacation and back for persons working in government bodies of the constituent entities of the Russian Federation, territorial compulsory medical insurance funds, government institutions of the constituent entities of the Russian Federation are established by regulatory legal acts of government bodies subjects of the Russian Federation, in local government bodies, municipal institutions, - regulatory legal acts of local government bodies, with other employers, - collective agreements, local regulations adopted taking into account the opinion of elected bodies of primary trade union organizations, labor contracts.
(as amended by Federal Laws dated 04/02/2014 N 50-FZ, dated 07/03/2016 N 347-FZ)
(see text in the previous edition)
What kind of transport pays for discounted travel in the north?
The following types of transport are suitable for discounted holidays for northerners:
by air (plane)
by rail (train)
by road (bus or personal car), with the exception of taxis
Personal transport is usually understood as a car owned by the employee, spouse, children, parents of the employee, parents of the employee’s spouse.
river or sea mode of transport (boat, ship)
If you are flying on vacation by plane, then in addition to the plane ticket (it can be electronic), you will need to keep your boarding passes (they will be given to you after checking in for the flight).
When using a discounted holiday by train, bus or water transport, do not forget to keep the tickets confirming your purchase and travel.
If your preferential vacation is on personal transport, then do not forget to keep receipts (stamped) from all gas stations where you refueled. In addition, you need to take an itinerary receipt from work and, upon arrival at your vacation destination, make a note at the local police department or administration stating that you actually arrived in this locality and killed from the locality at the end of your vacation.
How to take a discounted holiday abroad
According to Article 325 of the Labor Code of the Russian Federation, it is stated that payment for preferential travel is carried out within the territory of the Russian Federation
Then, according to this article, the employer is obliged to pay you a preferential leave abroad to the point of crossing the Russian border inspection point, unless otherwise specified in the Local regulatory documentation of your organization.
Let's say you are traveling from Surgut to Helsinki by train, you will go through customs in the city of St. Petersburg and you will be paid for train tickets from Surgut to St. Petersburg.
Or another example: you are flying by plane from Surgut to Turkey, but with a transfer in Moscow. You will undergo customs control in Moscow, so the employer is obliged to pay for your travel only to Moscow.
But in many oil companies (such as Rosneft, Slavneft, Lukoil, Gazpromneft, Surgutneftegaz and others) and in some budgetary organizations there are certain Local regulatory documents, for example a Collective Agreement, which states that when using preferential leave abroad by plane, without landing to the nearest border crossing point at the airport of the Russian Federation, travel is paid to the nearest actual border crossing point at the airport of the Russian Federation.
For example, you are flying from Surgut airport to Thailand by direct flight. The nearest airport to the actual point of crossing the Russian border will be the airport in Irkutsk, so you will be paid for air travel from Surgut to Irkutsk and back using a certificate from the air ticket office.
Family members in the law on preferential leave for northerners
Family members include a dependent spouse, minor children who actually live with the employee.
In some oil companies such as Rosneft, Slavneft, Lukoil, Gazpromneft, Surgutneftegaz and budgetary organizations, the Collective Agreement expands this concept and family members also include adult children studying full-time, under 23 years of age.
Also, in the Collective Agreement, it may be stated that the spouse will also be paid for travel, even if she is not a dependent, but she should NOT use preferential leave in the north in the same year as you.
Members of the employee's family must live in the Far North and equivalent areas.
- The right arises for family members who are dependent on the employee;
- When an employee is hired, the right to payment of travel costs for family members accrues simultaneously with the emergence of the employee’s right.
- Payment for travel to family members is made regardless of the time and place of their use of vacation and regardless of the time of use of vacation by the employee himself, but within one calendar year in which the benefit was provided to the employee.
- Members of the employee's family who do not live in the far north are not provided with the benefit.
Northern benefits upon retirement
The most important benefit for workers in the Far North and equivalent territories is the opportunity to retire earlier than working citizens who live in warmer regions can. So, in accordance with Art. 32 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ has the right to retire:
- men upon reaching 55 years of age with a total insurance experience of 25 years, as well as 15 years of experience in the Far North or 20 years in regions equivalent to it;
- women upon reaching 50 years of age with a total insurance experience of 20 years and similar indicators of experience in the Far North and regions that are equivalent to it.
In the case of working as a reindeer herder, fisherman or hunter, men and women have the right to retire another 5 years earlier; the required length of service for this will require 25 and 20 years, respectively.
If a person has worked in the Far North for at least 7 years and 6 months, then his retirement age is reduced by 4 months for each year of work. Each year of work in subjects equated to the Far North is equivalent to 9 months of work in the Far North.
If the number of years of experience corresponding to years in the Far North reaches 15, a person can retire upon reaching the specified age indicators.
In general, having 15 years of experience in the Far North or 20 in areas equivalent to it reduces the retirement age by 5 years for most categories of citizens who have grounds for retirement. In particular, those listed in paragraphs. 1–10 and 16–18 art. 30 of Law No. 400-FZ.
Essentially similar norms are established by the Law “On Labor Pensions” dated December 17, 2001 No. 173-FZ - they were applied in terms of regulating the benefits in question for residents of the Far North until January 1, 2015.
Read more about how old-age pensions are assigned to northerners in ConsultantPlus. If you do not have access to the K+ system, get a trial online access for free.
From 2021, the retirement age will increase. The transition period to raise the retirement age of northerners will last, like everyone else, for 10 years - from 2021 to 2028. At the first stage, the age increase will affect women born in 1969 and men born in 1964. At the same time, northerners, whose pension under the old legislation should have been assigned in 2021 - 2020, also have the right to a benefit for retirement six months earlier than the new retirement age.
As a result of the transition period, in 2028, northern women born in 1973 will retire at the age of 55, and northern men born in 1968 will retire at the age of 60.
List of documents for preferential leave in Khanty-Mansi Autonomous Okrug and Yamal-Nenets Autonomous Okrug in 2021
1. The plane, train or bus ticket itself
2. For employees traveling by plane, in addition to this, a boarding pass.
3. For employees traveling by personal transport, gas station receipts and a route map with a note on arrival in and departure from the holiday city.
4. Certificate for you and your family members that you actually live in the regions of the Far North or equivalent areas (KhMAO AND Yamalo-Nenets Autonomous Okrug)
A document confirming the fact of residence in the RKS (copy of a passport with registration at the place of residence, a certificate of family composition indicating the registration mark / rental agreement for residential premises, which must include family members living with the employee / other documents confirming the fact of residence in the RKS );
5. If you flew abroad by plane, then you need a certificate from the air ticket office about the cost of the flight to the nearest actual border crossing point at the Russian airport.
Copies of foreign passports with a border crossing stamp from the border service are also required.
6.If you flew abroad from a tour operator, then you will also need your travel voucher with a receipt and a certificate from the tour operator about the cost of the charter flight. This cost must be higher than the cost of the certificate from the air ticket office, otherwise you will be paid the lesser amount of these certificates.
6.Copies of documents of your family members for whom the discounted travel will be paid (Russian passport and birth certificate with a mark of registration in the regions of the far north.
7. If your child is an adult under the age of 23 and is studying full-time, then you also need a certificate from the educational institution stating that he is actually studying with them full-time.
8. For a dependent spouse, a certificate from the employment center is required stating that she is indeed not working at the time of the 2021 preferential leave, or a copy of her work record book.
If the local regulatory documentation of your organization provides for payment of travel for your spouse, regardless of whether she is dependent or not, then you need a certificate from the spouse’s place of work stating that he/she did not use the right to travel this year preferential leave. In addition, a certificate from the Tax Inspectorate is required stating that the spouse is not an individual entrepreneur.
8.Marriage registration certificate
