Employees working under an employment contract are entitled to leave in accordance with Article 114 of the Labor Code of the Russian Federation. How many vacation days are required per year depends on the nature of the activity and certain characteristics of the employee himself.

Vacation duration

Vacation duration for Labor Code- 28 days. This is the minimum duration. A longer vacation is issued to certain categories of employees in accordance with applicable law. It can also be provided for by a collective and labor agreement.

To determine the duration, it is necessary to understand whether it is necessary to count 28 calendar or working days of vacation. This issue is reflected in Article 120 of the Labor Code of the Russian Federation - vacation is considered in calendar days. All days off that fall within this period are considered holidays, and, accordingly, are paid. For more information on whether weekends are paid on vacation and how the calculation is done, read the link. As for holidays, they are not included in the vacation and are not payable. For example, an employee took a vacation for the period from June 6 to June 30 - 25 days. June 12 is a holiday. Therefore, the employee will actually spend 24 days on vacation, and for them he will receive vacation pay.

Additional leave

Leave is possible for more than 28 days. Article 163 of the Labor Code of the Russian Federation defines the categories of persons entitled to additional leave. How much calendar days the allowance for additional leave per year is determined for each category separately. For a longer vacation are entitled:

Additionally

On the extra days holidays are also entitled teaching staff. Depending on what position they hold and in which educational institution they work, vacation can be 42 or 56 calendar days.

• Workers who work in hazardous or hazardous working conditions. They are entitled to a minimum of seven additional days of rest, and the maximum duration is prescribed in the employment contract based on the industry agreement.
• Workers with special working conditions. Their list is determined by the Government of the Russian Federation.
• Employees with irregular working hours. They are entitled to an additional three days of rest.
• Minors - additional rest of three days.
• Persons with disabilities - two days more. Read about additional leave for disabled people under the Labor Code.
• Civil servants - optional.
• Persons residing in the Far North have the right to additional rest from 8 to 24 days.

This list is not exhaustive. Additional leave may be provided for by a collective agreement for length of service, for individual positions, etc.

Additional leave can be issued as one continuous period with the main one, or separately. Also, additional leave can be partially or fully compensated by a cash payment, with the exception of the list of persons in accordance with Art. 126 of the Labor Code of the Russian Federation.

Holiday division and call from it

Consent to share vacation

Not all employers are willing to give their employee a full vacation of 28 days at a time. However, if the employee is against dividing his vacation into parts, the employer has no legal grounds to divide it forcibly (Rostrud Letter of 07/17/2009 N 2143-6-1). This means that in the absence of consent, the employee immediately receives all 4 weeks of rest.

Vacation can be issued as a single period of 28 or more days, or divided into parts. Based on Article 125 of the Labor Code of the Russian Federation, one of the parts of the vacation cannot be less than 14 days. The remaining days are provided in any number as agreed by the employee and the employer.

Vacation may be interrupted due to operational needs. The employer has the right to call from vacation only with the consent of the employee himself. The unused part of the vacation must be issued to the employee before the end of the current year or attached to the vacation next year. The employer does not have the right to withdraw from vacation:

• minor person;
• a pregnant woman;
• an employee working in a hazardous or hazardous environment.

Vacation experience

The length of service, which is the basis for calculating leave, in addition to the time the employee directly performs his duties, includes:

• period of forced absenteeism;
• the period when the employee did not fulfill his duties due to failure to pass the mandatory medical examination and safety briefing through no fault of their own;
• leave without pay, granted at the request of the employee, provided that its duration was not more than fourteen days.

Note: the vacation period also includes the period of maternity leave (in the standard version, 140 calendar days).

At the same time, the length of service for calculating annual paid leave does not include:

• the period when the employee was not at the workplace without availability good reasons in accordance with article 76 of the Labor Code of the Russian Federation;
• parental leave.

The video discusses information on the provision of annual leave

The procedure for granting leave

During the first year of work, the employee has the right to apply for. By agreement between the employee and the employer, leave may be granted earlier.

At the request of the employee, before the expiration of the six-month period, the employer is obliged to issue a vacation:

• a woman before or after a sick leave for pregnancy and childbirth;
• to a minor;
• to the adoptive parent, if the age of the adopted child is less than 3 months;
• in other situations provided for by labor laws.

In later years labor activity vacation can be granted at any time, based on the vacation schedule.

We are ready to answer your questions - ask in the comments

My employer claims that there should be 20 workers on 28 days of annual leave. That is, for example, if you gain 5 working days of vacation, then 2 days off are automatically added to it. Or this is how it was this year: April 28 is a working Saturday, and they told me that you can’t take a vacation from April 16 to April 29, you must definitely from 17, since there is one working day more.

Does an employer have the right to interpret the labor code in this way? Or is he violating my rights by imposing vacation periods in order to fit it into 20 working days?

Sincerely, Vasily A.

The law does not provide any clarifying information about the breakdown into working days and weekends. You have the right to rest for 28 calendar days in a row, and it does not matter how many of them will be on workdays or weekends.

How many days can you go on vacation

If you wish, you can divide the vacation into parts. However, the labor code says that at least one part of this vacation must be at least 14 calendar days. It turns out that you have to rest at least once a year for 2 weeks in a row, but nowhere is it said on what specific day your vacation will begin - this means that you can start it both from a working day and from a weekend.

You can negotiate with the employer for the remaining 14 days. If none of you mind, you can take this period in pieces only on weekdays or only on weekends - it depends on the desire of the parties and the readiness to meet each other halfway. Such splitting would be legal. If the employer does not want to provide the remaining vacation in parts, you will have to take all 14 days in a row.

And of course, the employer does not have the right to adjust vacation dates solely for working days. During your vacation, you can get working, weekends and even non-working holidays.

By the way, if a holiday falls on a holiday, the holiday is extended by one day. But this only applies to the holidays listed in article 112 of the Labor Code of the Russian Federation. If a day off postponed from another date is added to a holiday, you will spend such a day as a regular vacation day - it will not be compensated.

What is a vacation schedule

The only document that can legal grounds limit the dates of your vacation - this is the vacation schedule. His employer draws up in advance and, if the company has a trade union, coordinates with him.

The vacation schedule is drawn up no later than two weeks before the new calendar year. It is mandatory for both the employer and the employee. The schedule takes into account the norms of the current legislation, the specifics of the organization's activities and the wishes of employees. By agreement between you and the management, then it will be possible to change the dates of the rest, but if there is no need, it is still better to take a vacation at a predetermined time.

If you have a question about personal finance, credit history or family budget, write to: [email protected] We will answer the most interesting questions in the magazine.

How many vacation days are allowed per year?

By general rule the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is it 28 calendar days or working days? The annual main paid leave is considered in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing vacation into parts

An employee does not have to use all 4 weeks of vacation due to him at a time. Leave may be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be done in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Subject to specified condition the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekend days falling within the period of vacation are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be granted leave for 7 days and all 7 days must be paid.

Unlike regular weekends, public holidays non-working days the duration of the vacation is not included and not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: the number of days according to the legislation and according to the local act

The specified vacation duration - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additional paid vacation days provided (in addition to 28) must be indicated in collective agreement, local normative act organization (for example, the rules of the internal work schedule) or directly to employment contracts with workers.

It is important that the cost of paying for such additional vacation days cannot be taken into account for income tax purposes (clause 24, article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums(Clause 2, Article 226 of the Tax Code of the Russian Federation, Clause 1 of Article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who is entitled to apply for extended basic leave and how many vacation days should be provided to these persons is indicated in the table.

Additional leave

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation at.

How many days is the "northern" leave by law

How many days does a northerner's vacation last? Usually more than non-Northern workers. After all, the "northerners", firstly, are provided with the main annual paid leave - of a standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the regions of the Far North - 24 calendar days;
• in areas equivalent to the regions of the Far North - 16 calendar days;
• in other regions of the North, where a regional coefficient and a percentage premium to wages, - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

By the way, both regular annual paid holidays and extended, as well as additional "northern" holidays can be provided to employees in advance (

Annual additional paid (as amended by the Federal Law of 30.06.2006 N 90-FZ) (as amended.

Federal Law of 30.06.2006 N 90-FZ) Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) hazardous conditions labor (as amended by

Federal Law No. 90-FZ of June 30, 2006) (part two as amended by

Federal Law No. 90-FZ of June 30, 2006) Article 118.

How many days of the next vacation are required according to the Labor Code

Tempting? And then! To clarify the situation, let's take a look at the Labor Code of the Russian Federation: Article 120. Calculation of the duration of annual paid holidays The duration of annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit.

The procedure for providing rest and how many days, according to the law, are required for employees, are established in Chapter 19 of the Labor Code of the Russian Federation.

The Code contains the procedure for granting holidays, their types, duration depending on the category of persons or work, the possibility of obtaining compensation and other important conditions for employees. Paid annual leave provided to: Full-time employees.

Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums (p.

2 tbsp. 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).

At the same time, certain categories of workers, according to the legislation, should be provided with a longer duration. About how many days they are supposed to have per year, read below. Extended leave under the Labor Code 2019: how many days Who is entitled to apply for extended leave and how many days of leave should be provided to these persons is indicated in the table.

Leave under the new rules

They do not include countries such as the USA, Canada, France, Great Britain, etc.

In addition to Russia, some developed European countries have joined the Convention - Germany, Italy, Spain, Sweden. In addition, developing countries such as Yemen, Malta, Armenia, Ukraine, etc. are also participants.

Why vacation 28 days?

But the fixed duration of the vacation ... ... September I go on vacation on May 15 ... that I have only 35 calendar days ... and why so few days went by transfer

Lawyers Answers (1)

Labor Code of the Russian Federation, Article 115. The duration of the annual basic paid

The annual basic paid is provided to employees for a period of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main) is provided to employees in accordance with this Code and other federal laws.

Labor Code of the Russian Federation, Article 125.

The division of the annual paid into parts. Feedback from

By agreement between the employee and the employer, annual paid leave may be divided into parts.

I went on my first vacation. But before that, she had a fight with her superiors. My vacation is standard 28 days. But I thought that they were considered workers, and the personnel officer was talking about what kind of calendar.

I then tuned in for a much longer period, taking into account the weekend. Alas, it turned out that my boss was right and my vacation was exactly 28 days according to the calendar.

After that, I decided to look for information on the net, so that later I would no longer fall into such situations. And with the results of the search will share with you.

Labor law guarantees the worker such a right. In this case, the calculation of the vacation period is carried out not according to calendar time, but according to working time. But the vacation period itself is considered precisely according to the calendar period.

To be fair, we note that the specified period of 28 days is established by law and vacation cannot be less than this period. It can be divided into several time periods, but the total number of days of a temporary break in work cannot be less than the specified period.

But maybe more? Ask how can it be? It's just that the legislation provides for additional days of rest for some working categories. What is it connected with? With the characteristics of work and profession.

First of all, these are professions with characteristics that are dangerous and harmful to human health. The people working in them are legally established additional days to the mandatory main break.

The number of additional days is not specified and is determined in each case individually. It all depends on what effect the work has on the body, during what period and how much the non-working person needs to fully recover, and how severe the consequences of such an impact are.

Only one thing is known - the number of additional days cannot be less than seven.

Another reason for providing additional days of rest is irregular work. In our case, this is work, the execution of which cannot be provided in fixed time and therefore the worker is compelled to work periodically in his free time.

All this should happen with the knowledge of the management, while the consent of the employee himself in the number mandatory conditions Excluded. Usually this state of affairs is prescribed in the employment contract.

In this case, the number of additional days for compulsory rest must be at least three.

Also, those persons who work in special conditions receive additional days. In this case, there is no minimum value for the duration of the extension.

As an example, we can cite doctors or workers (employees) in a war zone. The amount of extra time is calculated on a case-by-case basis.

Workers in the conditions of the Far North receive an additional 24 days in addition to their basic leave of 28 days. Those working in regions equated to the far north have an additional 16 days of rest.

The procedure for granting leave

The employee receives the opportunity to legally take a break from work six months after applying for a job. You can, of course, exercise the right before the deadline, but in this case, you must obtain the consent of the head of the enterprise.

The following categories of citizens are excluded:

• Pregnant ladies preparing to go on maternity leave;
• Underage workers;
• Those who took care of children under three years of age.

For the rest, rest is provided according to the approved schedule.

In order to receive legal rest, the employee must write an appropriate application to his supervisor. On the basis of which the leader issues his order.

The employee must be familiarized with this order against signature. According to the law, three days before the start of the holiday, the employee is transferred financial help. The so-called vacation.

If an employee is dismissed, then if his vacation is not used, then he must be paid at work monetary compensation.

Priority

As already mentioned, this rest is provided according to the approved schedule. It is usually drawn up taking into account the opinion of the employee and the trade union. With the last figurant, the schedule should be agreed no later than two weeks before the new year.

Leave is granted only according to the schedule. The fact that he has a vacation soon, the employee must be informed two weeks before it starts.

Extend or reschedule

Sometimes an employee may ask management to reschedule or extend the vacation period. The decision on this request is made by the head. Reasons for this could be:

• Sick leave, the period that fell on vacation time;
• Obligations of a labor nature that require the employee to be at the workplace.

In addition, other cases of changing the terms and duration of rest can be established within the organization.

Also, a person himself can become the initiator of changing the schedule - this happens in two cases:

• Vacation pay was issued later than three days before the start of the vacation;
• Or the employee was notified less than two weeks before the start.

In these cases, it is enough for the employee to apply to the management with a petition. Usually refusal should not be, because such actions of the leadership mean a violation of their obligations.

Also, the terms of rest can be changed due to the fact that a person is a leading specialist and he is needed at work at this particular time. But then he must be granted leave within the next 12 months.

• Minors;
• Working in a hazardous industry.

Also, the employee has the right to receive monetary compensation for all days beyond the mandatory period. about tuned for a much longer period, taking into account the weekend.