The number of days of paid vacations provided is fixed in the internal documents of enterprises. When compiling the T-7 form, the period worked by the employee of the enterprise, the wishes of the employees and the production need are taken into account. The vacation schedule includes both basic and additional vacations of employees. A sample form T-7 can be downloaded here: Vacation schedule (unified form T-7) What determines the duration? The Labor Code of the Russian Federation establishes vacation periods for various categories employees and types official duties. The term of the vacation period is determined regardless of the full or partial regime working day under the terms of the employment contract. Annual holidays The main holiday period in accordance with the provisions of Art. 115 of the Labor Code of the Russian Federation is 28 days in calendar terms.

What parts can you take annual leave?

The vacation schedule is approved and its observance is mandatory for the employee in all cases, except for those stipulated by law. The transfer of vacation is allowed in the performance of public duties, illness, lack of timely payment of vacation pay.

study holidays Study holidays are not related to the period of calculation of the main vacation. Days for study or admission to study are provided on the basis of a certificate from the educational institution.

Attention

The period of study gives the right to the next annual leave. How to calculate correctly? The countdown of the period giving the right to leave begins with the month of employment.

You can determine how vacation is considered using the Labor Code of the Russian Federation. Example: Sidorov A.A., a mechanic at the Oktyabr enterprise, was hired on November 12, 2014.
The opportunity to receive annual leave arose after 6 months of continuous work at the enterprise, i.e., from May 13, 2017.

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Vacation: the number of days according to the legislation and according to 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 additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, the local regulatory act of the organization (for example, internal labor regulations) or directly in employment contracts with workers. It is important that the costs of paying such additional vacation days cannot be taken into account for income tax purposes.
24 st. 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).

How many vacation days are allowed per year?

The right to rest is enshrined in the Constitution of the Russian Federation. The leave of an employee is social guarantees, and the amount of the paid vacation period of employees is reflected in the labor and collective agreements of enterprises. Normative base The procedure for providing rest and how many days, according to the law of vacation, are required for employees are established in Chapter 19 of the Labor Code of the Russian Federation.

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 is granted:

• Regular employees.
• Part-time workers hired under employment contracts.
• Temporary workers employed by fixed-term contracts for a period of over 2 months.

The sequence and timing of vacation periods for employees are approved by order and schedule of vacations of the T-7 form.

Fourteen calendar days/days

How many vacation days is an employee entitled to? 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). People often ask: is a vacation 28 calendar days or working days? Annual basic paid leave is calculated in calendar days (art.
120

TC RF). That is, for each working year, the employee is entitled to 28 calendar days. Dividing the vacation into parts An employee does not have to use all 4 weeks of vacation due to him at one 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 (Art.

125 of the Labor Code of the Russian Federation). Subject to this condition, the duration of other parts of the vacation may be an arbitrarily small number of days, including 1 or 2 days.

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And since labor law does not regulate how many parts the vacation is allowed to be divided into, and, accordingly, their duration, the remaining 14 days can be provided to the employee in parts of any duration in such a way that they will fall only on working days or only on weekends, or both others in any ratio (see also the appeal ruling of the Investigative Committee of the Penza Regional Court of June 19, 2012 N 33-1365). We also note that according to Art. 8 of the Convention of the International Labor Organization N 132 on holidays with pay (hereinafter referred to as the Convention), which entered into force for Russian Federation On 09/06/2011, when dividing the vacation into parts, one of the parts of the vacation must be at least two continuous working weeks.

In other words, art. 8 of the Convention as well as Art.

Vacation - legal? the personnel officer is brainwashing and she is confused. tell…

In total, 28 calendar days of basic leave are required for a full year of work. For each worked month 28 days: 12 months. \u003d 2.3 days of vacation. Days off - Saturday, Sunday or others according to the work schedule (with shift work) are also included in the duration of the leave. However, the holidays established by the Labor Code are excluded from the duration of the vacation. 4 In total, 28 calendar days of basic leave are required for a full year of work. For each month of work is provided: 28 days / 12 months. = 2.3 vacation days. Related video Please note All employees, including part-time workers, are entitled to a vacation of 28 days annually. Useful advice When calculating the period of work that gives the right to leave, part-time employees receive the same duration of leave as employees doing the same full-time work.

How to count vacation days

The employer saves wages, but has to do without an employee large quantity working days. For an employee, this option is good because he has more days to rest, however wage it will be less with the same amount of vacation pay. We draw your attention to the fact that the employee and the employer must agree on both the fact of splitting the vacation and the duration of each part. Any party to the employment contract can take the initiative to divide the vacation into parts.
However, neither the employer nor the employee can demand that the vacation be divided into parts according to their option. In particular, the employer has the right to disagree with the option of dividing the vacation into parts, which is proposed by the employee, but there is no right to divide the employee's vacation into parts at its own discretion. If the employee refuses to divide the vacation into parts, the employer is not obliged to justify his decision.
However, in billing period the employee was granted leave without pay for a period of 1 month. By law, only 14 days of the period give the right to leave. 16 days are added to the 6 month billing period. The right to leave from Sidorov A.A. will only occur from May 29, 2017. The right to a full vacation period for an employee arises after 12 months of service for this enterprise. If an employee goes on vacation before the due date (after 6 months from the start of employment), he is given part of the vacation. Questions in some cases arise when determining the days of additional leave. To receive benefits, you must work for a period of at least 11 months in special working conditions. If the employee has not fully completed the period, an additional period of rest is provided according to the working conditions with the determination of the number of days by calculation.

Leave for 10 calendar days or days

The Labor Code of the Russian Federation establishes the minimum duration of only one part of the vacation. The Convention also does not provide for reservations that weekends (Saturday and Sunday) must be included in the number of vacation days. Therefore, the employee and the employer can agree on how many days off and how many working days will fall on the part of the vacation that exceeds 14 calendar days, including the provision of the remaining part of the vacation only on working days, not including weekends. Weekend days adjacent to the part of the vacation agreed upon by the parties are not automatically attached to it (Rostrud letter dated 07/17/2009 N 2143-6-1). Providing an employee with leave on working days bordering days off, without including the latter in the number of calendar days of leave, has its positive and negative sides for each of the parties.

The minimum period of the main vacation is 28 days. In Art. 115 of the Labor Code of the Russian Federation also provides the concept of extended leave.

For certain categories persons have their own minimum periods: Employees of educational institutions and other teachers are granted leave from 42 to 56 days. Sectoral legislative acts determine the category of positions, who are entitled to a vacation of 56 calendar days.

The employer can independently establish additional leave in excess of the regulatory requirements. Payment is made at the expense of the enterprise and is not included in the costs to determine the taxable base.

In what cases is it possible to extend or split the total number of days? The employee of the enterprise receives the main vacation annually. Half of the vacation period - 2 weeks - the employee must receive at once, for the rest of the period it can be split during the year.

When breaking up annual paid leave into parts, the employer often forgets to agree this with the employee. In addition, the procedure for providing such parts is often violated.

When providing employees with annual paid leave, the employer often makes serious mistakes, for which he can be brought to justice. administrative responsibility based on the results of inspections state inspection labor. Let's consider the most common mistakes that occur when the labor law is misinterpreted.

Error one

For various reasons, the employee refuses to go on vacation, and the employer considers it unacceptable to force him to use the vacation.

This position of the company is a fairly common misconception. And it is connected with the fact that the employer misinterprets the imperative norm of the Labor Code, which states that employees are granted annual leave (Article 114 of the Labor Code of the Russian Federation), that is, employees do not take leave at their own discretion, but they are given leave on a mandatory basis, regardless of their desire.

Refusal to use leave is not grounds for infinite postponing of leave. On the contrary, the employer must act strictly in accordance with the requirements of the Labor Code according to the following algorithm:

• plan the provision of vacations to employees in the next calendar year, establishing their order in the vacation schedule (Article 123 of the Labor Code of the Russian Federation);
• to acquaint employees under signature with the vacation schedule (part 2 of article 22 of the Labor Code of the Russian Federation);
• no later than two weeks before the start of the vacation, notify the employee about this against signature (part 3 of article 123 of the Labor Code of the Russian Federation);
• issue an order to grant leave to the employee during the period established by the vacation schedule, because the schedule itself is mandatory for both the employer and the employee (part 2 of article 123 of the Labor Code of the Russian Federation);
• from the day the vacation begins, by order, put a mark in the time sheet (code "OT" or "09" - if the employee is on the annual main paid vacation, and code "OD" or "10" for the annual additional paid vacation).

Granting an employee an annual paid leave without his consent cannot be considered as coercion, because using this species Holidays are not only a right, but also a duty of an employee.

Error two

The employer misunderstands the procedure for granting leave to the employee for the first year of work.

The right to use leave for the first year of work arises for the employee after six months of his continuous work in this company (part 2 of article 122 of the Labor Code of the Russian Federation). This norm is fully consistent with the provisions of the ILO Convention No. 132 (clauses 1, 2, article 5 of the ILO Convention No. 132 of June 24, 1970), according to which the minimum period of work for obtaining the right to annual paid leave should not exceed six months.

However, some companies mistakenly believe that the law, while giving the named right to the employee, at the same time does not directly oblige the employer to provide leave during this period. Here, employers are let down by the lack of legal literacy, in particular, ignorance of the fact that subjective rights and legal obligations correspond to each other within a certain legal relationship, that is, the existence of employee rights gives rise to employer obligations.

In addition, many lose sight of the fact that after six months the employee has the right to full leave (basic and additional, extended basic leave), and not to part of it in proportion to the hours worked. The table below shows examples of determining the length of leave granted to an employee after six months in the first year of employment.

After six months in the first year of work, the employee has the right to receive all types of vacations provided for by his employment contract. As for additional leave for an irregular working day, according to Rostrud (letter of Rostrud dated May 24, 2012 No. PG / 3841-6-1), the legislation does not provide for its provision in proportion to the time worked in the working year.

The only exception is additional leave for harmful and (or) dangerous working conditions. It is given in proportion to the hours worked. But such a procedure is provided not only after six months in the first year of work, but also in all subsequent years of work, because the length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only actually worked in appropriate conditions, time (part 3 of article 121 of the Labor Code of the Russian Federation).

Error three

The organization incorrectly resolves the issue of dividing the vacation into parts when drawing up the vacation schedule.

By agreement between the employee and the employer, annual paid leave can be divided into parts (part 1 of article 125 of the Labor Code of the Russian Federation). However, not everyone correctly understands how this agreement is reached. In organizations and enterprises, such a practice is widespread when employees receive wishes for a vacation schedule, and then the approved schedule (with vacations divided into parts) is brought to employees under signature. With such a "technology" the main requirement of the law is not fulfilled - a bilateral agreement on the division of vacation into parts is not reached before the approval of the vacation schedule.

One of the solutions to this issue may be the employee's appeal to the employer in the form of a written application with the receipt of an appropriate resolution. Only a positive resolution of the manager on the employee's statement allows you to add parts of the vacation to the vacation schedule, and not its continuous period.

Mistake four

When granting leave, the employer does not take into account that the employee must work a certain number of working hours in his working year: no more (so that there is no illegal processing) and no less (so that there is no underperformance).

Currently, many employees are asking for vacation in installments. This takes into account that at least one of the parts of this vacation must be at least 14 calendar days (part 1 of article 125 of the Labor Code of the Russian Federation). Employers often seek to provide the rest of the part only on weekends (on Saturdays and Sundays), while employees, on the contrary, receive only on working days.

We must not forget that the employee during the holidays must take a break from work. Therefore, the 28 days of basic leave include 20 working days (160 hours with an 8-hour working day and a 40-hour working week) and 8 days off (that is, 4 full weeks), since vacation is measured in calendar days and not in working days.

Thus, the employee's remaining vacation days must include both working days and weekends. But you can provide them in any combination, because the law does not prohibit this.

Example

An employee is entitled to a vacation of 28 calendar days. 14 days he took a walk at once. The remaining days can be divided into parts, and without fail, four days of vacation must fall on weekends (Saturday and Sunday), and ten days on work days.

Mistake five

The employer incorrectly applies the norms of the Labor Code on granting leave to an employee with subsequent dismissal.

At the written request of the employee, if possible, unused vacations can be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions) (part 2 of article 127 of the Labor Code of the Russian Federation). At the same time, Rostrud emphasizes (letter of Rostrud dated December 24, 2007 No. 5277-6-1) that providing an employee unused vacation with subsequent dismissal is the right of the employer, and not his obligation.

If vacation is granted with subsequent dismissal upon termination of the employment contract at the initiative of the employee, then the employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the transfer order (part 4 of article 127 of the Labor Code of the Russian Federation).

Despite the fact that the last day of the vacation is considered the day of dismissal, all settlements with the employee are made before he goes on vacation, since after its expiration the parties will no longer be bound by obligations.

Please note that the last day of work is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Articles 84.1, 136, 140 of the Labor Code of the Russian Federation; definition of the Constitutional Court of the Russian Federation of January 25, 2007 No. 131-O-O) . Therefore, in fact labor Relations with the employee are terminated from the moment the vacation begins, which means that work book and other work-related documents that the employer is required to provide to the employee must be issued to the employee before going on vacation.

Rostrud also noted that during the illness during the vacation period with subsequent dismissal, the employee is paid temporary disability benefits, however, unlike general rules(Article 124 of the Labor Code of the Russian Federation), leave is not extended by the number of sick days.

Having expressed a desire to receive leave with subsequent dismissal, the employee thereby also expressed a desire to terminate the employment relationship with the employer (in case of dismissal due to own will) or agreed with the legitimacy of their termination (in case of dismissal for other reasons). As for the extension of the annual paid leave, the employer also does not have the right to do this, because from the moment the vacation begins, the employer has no obligations to the employee who received the leave with subsequent dismissal (part 1 of article 124 of the Labor Code of the Russian Federation).

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract. In this case, the last day of vacation is also considered the day of dismissal (part 3 of article 127 of the Labor Code of the Russian Federation).

Granting leave in the first year of employment after six months

Employee category	Vacation set for the employee in the employment contract, in calendar days	Duration of leave granted after six months, in calendar days
Worker with irregular working hours	Basic leave - 28 Additional - 3	31
An employee working in the Far North	Basic leave - 28 Additional - 24	52
An employee engaged in work with harmful and (or) dangerous working conditions	Basic leave - 28 Additional - 14	28 and leave for harm in proportion to hours worked
Employee - university teacher	Extended basic leave - 56	56

How many vacation days are allowed per year?

As a 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 this condition, the duration of other parts of the vacation may 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 additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, the local regulatory act of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

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 of 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.

Category of workers	Number of vacation days under the Labor Code and other legislative acts
Workers under the age of 18	31 calendar days. Leave must be granted at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Teaching staff	42 or 56 calendar days depending on the position held and type educational organization where a teacher works (Article 334 of the Labor Code of the Russian Federation, paragraph 3 of part 5 of Article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466)
Scientists who have degree	— 48 working days for PhDs; — 36 working days for candidates of sciences. These extended holidays are granted scientists occupying positions in a scientific institution (organization) financed from the federal budget (Decree of the Government of the Russian Federation of August 12, 1994 No. 949)
Chemical weapons workers	56 or 49 calendar days, depending on the group of work to which the employee's activity is assigned. The assignment of works to the first or second group depends on the degree of their danger (Articles 1, 5 of the Law of November 7, 2000 No. 136-FZ)
Employees of professional emergency rescue services and formations	30, 35 or 40 days, depending on the duration of continuous work experience in professional emergency rescue services and formations (clause 5, article 28 of the Law of August 22, 1995 No. 151-FZ)
Healthcare workers at risk of contracting the human immunodeficiency virus	36 working days for employees of healthcare organizations engaged in the diagnosis and treatment of HIV-infected people, as well as persons whose work is related to materials containing the human immunodeficiency virus, taking into account additional annual leave for working in hazardous working conditions (paragraph 4 of the Government Decree RF dated 03.04.1996 No. 391)
Government civil servants	30 calendar days (part 3 of article 46 of the Law of July 27, 2004 No. 79-FZ)
Prosecutors, scientific and teaching staff prosecutor's office	paragraph 1 of Art. 41.4 of the Law of January 17, 1992 No. 2202-1).
Employees of the Investigative Committee who do not serve in areas with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (part 1 of article 25 of the Law of December 28, 2010 No. 403-FZ).

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 the regional coefficient and the percentage bonus to wages are established, - 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 (

The greatest difficulty in shifting the employee of his working year is the calculation of the new period of the working year, for which labor leave after the employee leaves parental leave until he reaches the age of 3 years. As such, there is no methodology for calculating the new period of the working year for which labor leave is granted in labor legislation. First, let's find out what a working year is. So, the working year for which labor leave is granted is calculated for each employee from the date of employment and is equal in duration to calendar year, i.e. is 365 days (366 days in a leap year) (Article 163 of the Labor Code of the Republic of Belarus (hereinafter - LC)). The working year for which the employee is granted leave includes only the time actually worked (part one, article 164 of the Labor Code).

Calculation of the number of vacation days in 2018 - example

Calculating vacation days is an important knowledge that every accountant and every employer should have. After all, it is the employer who is ultimately responsible for all financial and other activities in his own organization.

Attention

Leave according to the legislation The Code of Labor Laws states that every officially employed citizen or tax resident of the Russian Federation has the right to a well-deserved calendar paid annual leave. The law also stipulates the right to additional paid days for reasons, for example, temporary disability or for training, or for decision production problems(travel) and so on.

The nineteenth chapter of the Labor Code is devoted to the nuances of granting leave and everything connected with it.

Vacation pay: procedure and examples

From the answer What documents need to be issued when granting an annual paid leave to an employee From the answer What documents need to be issued when granting an annual paid leave to an employee Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia This is a part of the material that will help you accept the right decision. With respect and wishes for comfortable work, Tatyana Kozlova, expert of the most personnel help system Personnel system In some cases, personnel specialists have to shift an employee's working year, and very often they ask the question, how to do this correctly? The answer is contained in the article.

Rules and procedure for calculating vacation

The number of vacation days due to the worker (Ku) is calculated by the formula: Ku \u003d (Mo × Ko) / 12, where Mo is the months worked by the citizen; Ko - the number of days of the employee's annual leave; 12 is the number of months in a year. Another method of calculation, which is also used by employers, was proposed by Rostrud in letters No. 5921-TZ dated October 31, 2008, No. 1920-6 dated June 8, 2007, and No. 944-6 dated June 23, 2006.
The essence of the method is that each month worked by an employee gives him the right to 2.33 days of rest (28 days leave / 12 months) or more if the employee’s vacation is more days (for example, for teachers 56/12 = 4.67 ). The number of months worked by a citizen, when calculating vacation days, is considered in such a way that surpluses of less than half a month are excluded from calculations, and more than half are rounded up to a full month.
However, this method is not always accurate.

Correctly calculate the period of vacation

At the same time, for the days worked in March and April 2011, a certain number of days will already be due - because a new billing period begins. Based on these parameters, the number of vacation days should be calculated.

You need to understand that only fully worked and paid days are included in the billing period for calculating average earnings. For example, this number does not include:

• forced absenteeism and absenteeism due to the fault of the employee;
• time off without pay;
• periods of temporary disability;
• time off to care for children or relatives;
• other periods in which wages were not saved or were saved only partially.

All of the above affects the calculation of average earnings for payouts, but does not affect the calculation time period giving the right to receive days of the next vacation.

How to count vacation? how to calculate vacation time

That is:

• wages with all indexations, coefficients and allowances;
• additional payments accepted at this enterprise for this profession (position);
• bonuses, if they are paid regularly and in a fixed amount and are included in the remuneration system adopted in the organization.

Not included in the calculation:

• financial assistance over 4000 rubles;
• one-time social payments;
• payments on average earnings.

Billing period In order to know how to correctly count vacation days, you need to know what is included in the billing period. Under this time period, it is customary to understand the months and days worked between two annual holidays.
Moreover, if, for example, an employee always divides his vacation into two parts, and does not take it entirely, the billing period will be one and it will need to be calculated for the first part of the vacation.

How to calculate the number of days of unused vacation (with examples)

During this period, the employee was accrued wages accepted for calculation in the amount of 295,476 rubles. Let's calculate the amount of accrued vacation pay for 28 calendar days: (295,476 rubles.

/ 12 months / 29.3) × 28 = 23,530.51 rubles. In fact, it rarely happens that an employee has fully worked out the entire billing period: during the year he may be on sick leave for some time, on a business trip, regular vacation, leave without pay, etc. Situation 2. The billing period has been worked out partially Suppose that the employee did not work the whole month. In this case, the number of calendar days in an incomplete calendar month must be recalculated using the formula: Dm = 29.3 / Dk × Dotr, where Dm is the number of calendar days in an incomplete month; Dk - the number of calendar days of this month; Dotr - the number of calendar days falling on the time worked in a given month.

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The total work experience from 06/17/2015 to 01/15/2018 will be 2 years 6 months and 29 days. We do not touch periods of illness and vacation. They are taken into account in the length of service that gives the right to leave, as non-working periods in which the employee's place of work is retained.

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Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:

• for the working year from 06/17/2015 to 06/16/2016 - 7 days (from 04/07/2016 to 04/13/2016);
• for the working year from 06/17/2016 to 06/16/2017 - 21 days (from 08/24/2016 to 09/13/2016).

The second period does not fit into the 14-day limit, which means that 7 days of excess from the length of service will have to be excluded.

Thus, the vacation period is 2 years 6 months and 22 days. We round up to full months, discarding 7 days, and get 2 years and 7 months. Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

• Vacation accounting and vacation pay calculation

Very often in front of accountants and personnel service the question arises how to calculate the unused vacation days due to employees. Also, employees themselves sometimes want to know how many vacation days they are entitled to on any date.

How to correctly calculate these days without deceiving either the employee or the employer? Below you will find the answer to this question, we will look at examples of various situations that arise in the process labor activity. Length of service, giving the right to annual paid leave In order to send an employee on vacation and calculate his vacation pay, you need to know the number of days he is entitled to vacation. And for this, you first need to calculate the employee's vacation experience, that is, the period of work that gives the right to annual paid leave.
The employee about the start time of the upcoming vacation must be notified against signature no later than two weeks before it starts (part 3 of article 123 of the Labor Code of the Russian Federation). The formula for accruing vacation pay Situation 1. The billing period has been fully worked out. In this case, the following formula is used to calculate vacation pay: Amount of vacation pay = Average daily earnings × Number of calendar days of vacation. The average daily earnings (ZPsr) is calculated by the formula: ZPsr = ZPf / 12 / 29.3, where ZPf is the amount of actually accrued wages for the billing period; 12 - the number of months that must be taken when calculating vacation pay; 29.3 is the average number of days in a month. The coefficient 29.3 is applied only in the month that is fully worked out in the billing period. Example 1 Suppose an employee of an institution goes to another vacation from 07/01/2015 for 28 calendar days. The billing period for accruing vacation is from 07/01/2014 to 06/30/2015.

Vacation for 10 days how to calculate the period

These include:

• salary (salary, hourly payment, percentage of revenue, commissions, etc.);
• salary received by the employee in kind;
• material maintenance for the hours worked by civil servants and municipal employees;
• employee fees mass media and cultural workers;
• pay for vocational school teachers overtime work or reduced workload for the current academic year, regardless of the time of accrual;
• allowances and surcharges (for secrecy, for knowledge foreign languages, for length of service, for class leadership in an educational institution, etc.);
• compensation for unfavorable working conditions;
• other bonuses and payments.

At the same time, the calculation does not take into account various social compensations (material assistance, payment for lunches, compensation for travel, training, etc.).
At the same time, the following are also equated to the actually worked time: 1) the time that the employee did not work, but according to the legislation or the collective agreement, former job and wages or were paid benefits under the state social insurance, except for the time of leave to care for a child until he reaches the age of 3 years; 2) the time provided for by law or collective agreement unpaid leave, if these holidays do not exceed 14 calendar days during the working year; 3) the time of paid involuntary absenteeism; 4) other periods that do not meet the conditions of paragraphs. 1-3 parts of the second art. 164 of the Labor Code, but in respect of which the legislation or the collective agreement, the agreement provides for their inclusion in the working year (part two of Article 164 of the Labor Code). If the sum of the periods included in the working year in accordance with Art.

Each employee has the right to an annual paid leave of at least 28 calendar days (Article 155 of the Labor Code). The head of the enterprise can increase this period by fixing the changes in a collective agreement or internal regulations(Article 120 of the Labor Code), while any reduction in the minimum duration of rest will be unlawful.

The legislation also provides for the possibility of using the vacation period not immediately, but in parts, at different times of the year. How you can divide vacation according to the Labor Code depends solely on the desire of the employee. The need for this may arise on the initiative of:

1. An employee who, due to family circumstances or for other reasons, wants to take part of the vacation at a certain time.
2. A leader experiencing a constant shortage of employees, or in need of their mobilization to resolve a difficult production situation.

The manager does not have the right to interfere with the desire of the employee to share the vacation at his own discretion, while the same actions on the part of the authorities themselves require the mandatory consent of the employee.

How many parts can a vacation be divided into?

When dividing a vacation, you cannot violate the rule established by Art. 125 of the Labor Code and corresponding to the requirement of the Convention international organization Labor No. 132 of September 6, 2011. Specifically, the duration of at least one part of it should not be less than 14 calendar days. Is it possible to break the vacation into days, the Labor Code is not defined. Theoretically, the second half of the vacation can be divided into arbitrarily small periods, even consisting of one day.

These actions will not contradict the law, although they will certainly meet some resistance from the management. In addition, the calculation of benefits for too short a period of rest is also somewhat more difficult. For the employee himself, going on vacation at such short intervals cannot be attributed to getting a good rest.

When planning to divide his vacation into parts, the employee must clearly know how many days of vacation he is entitled to this year, and how he can detail his vacation. After all, perhaps he has been working for less than a year, and his vacation will be less than 28 days. Or he has special privileges and a longer vacation, or maybe the employee has a vacation from the previous period. Find out how to calculate the number of vacation days in each case.

Rest on working days

Exist different ways of how you can break the vacation according to the Labor Code. It can be divided into parts, including both working days and weekends. However, the employee has the right to apply for rest within five working days. Taking into account the previous days off and the following ones, he thereby lengthens his vacation by four days.

In fact, the employee rests for nine days, of which five are paid - included in the vacation. By applying this splitting system to the entire fourteen-day period allowed for splitting, the worker can increase total duration vacation for ten days. Of course, vacation pay will be accrued only for 28 calendar days.

Vacation only for the weekend

It does not make sense for an employee to take a vacation on the weekend, since he would have rested these days without it. Nevertheless, such situations are beneficial for the employer, which is why they take place in enterprises. In other words, the employee is provided with mandatory 14 days of indivisible leave, after which the remaining part is distributed on Saturdays and Sundays - seven segments of two days are obtained.

Thus, the employer has a full staff of employees who practically do not go on vacation. The only difference is that wages are accrued for weekends falling on vacation periods. From a formal point of view, such a division of annual paid leave into parts does not violate the norms of the Labor Code, but is still illegal even with the voluntary consent of the employee. Since the employee has the right to a vacation of 28 days (Article 21 of the Labor Code; Part 5 of Article 37 of the Constitution), which will not be realized under the described scheme. Its constant use can provoke a check Labor Inspectorate and the imposition of penalties.

It is worth noting: often employees plan activities for their holidays that can only be done on a weekday (for example, going to the dentist). If the employer does not agree to provide the employee with vacation on weekdays and insists on rest only on weekends, then the employee can write an application for time off with the wording "" and indicating good reason his future absence.

Separation of additional leave

Additional leave is granted for work in difficult and harmful working conditions and, in conjunction with the main one, exceeds the prescribed 28 days (Article 115 of the Labor Code). On granting additional leave for harmful conditions labor in 2019, read the article. It can also be divided into smaller segments, although this is not directly indicated in the legislation. An indirect resolution to this can be considered the possibility of replacing additional leave with monetary compensation(Article 127 of the Labor Code).

Review from vacation

It is possible to call an employee to work before the end of the vacation in case of production necessity only with his consent (part 2 of article 125 of the Labor Code). He can use the rest of the rest at any time of the year at his own choice or add it to the next vacation, which decision is reflected in the issued order. The refusal of an employee to comply with the requirement of superiors cannot be equated to a violation labor discipline(Clause 37 of the Resolution of the Plenum of the Supreme Court No. 2 of March 17, 2004). Find out in which cases an employee can be recalled from vacation.

If an employee has already used 14 days of rest, dividing them into parts, it is unlawful to withdraw him from the remaining half of the vacation. Also, even with consent, it is forbidden to interrupt the rest of employees:

• under 18 years of age;
• pregnant women;
• working in difficult and dangerous conditions.

Decor

The division of leave according to the Labor Code is based on:

Payment for vacation parts

The calculation of vacation pay is made depending on the application of the employee. If it is written from Monday to Sunday, then the employer will pay vacation pay for 7 days. When the application is written from Monday to Friday, the employee will receive vacation pay only for these days, but will actually rest for the same seven days. If the application is written on Saturday-Sunday, then the employee will receive vacation pay for two days off, which he would have taken in any case.

1. Vacation schedule for the next year, in which the dates of all constituent parts holidays. This document presented to employees for review and approval, the fact of which is confirmed by their signatures.
2. Written statement from an employee. This option is appropriate in companies with a small staff, as well as in the case of vacation sharing after.

The second option requires some additional steps:

1. The decision of the director is indicated in the corner of the application.
2. An order is issued on the division of vacation (form T-6), certified by the signature of the head and the seal of the organization. The information contained in it is identical to that specified in the application.
3. The accountant fills out a note-calculation (form T-60) for calculating vacation pay.
4. Vacation information is entered into the employee's personal card.
5. The data in the timesheet that takes into account the time of work is subject to change.
6. New dates are noted in the vacation schedule, and the reason and date of the changes are entered in the vacation transfer column.

Statement

The application for the breakdown of leave must contain:

• name and address of the organization;
• Name of the applicant;
• the essence of the request, preferably with an explanation of the reasons, which will increase the likelihood of a positive decision;
• desired dates of vacation and its completion;
• date of application;
• employee's signature.

Responsibility for violations

Does the employer have the right to share the vacation without the consent of the employee, determines the Letter of Rostrud No. 2143-6-1 dated July 17, 2009. This action will be illegal, as well as the decision to break down the vacation, determine the duration of its parts and the period for which they will fall. The same applies to the publication of internal regulations prescribing such a division (Article 8 of the Labor Code). Therefore, the leader needs to act by persuasion with a description of the unfavorable situation that has developed at the enterprise.

If the employee does not agree to share the vacation or go to work before it ends, he has the right to ignore the order of his superiors. In case of negative consequences, you need to contact the Labor Inspectorate. Any coercion in such a situation would be recognized administrative offense, classified h. 1 Article. 5.27 of the Code of Administrative Offenses. For its commission, a warning or penalties are imposed in the amount of:

• 1000–5000 rubles for a director or individual entrepreneur.
• 30000-50000 rubles for the enterprise.

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