Article 121 of the Labor Code of the Russian Federation. Calculation of length of service giving the right to annual paid leave

According to the Labor Code of the Russian Federation, namely Articles 114 and 115, every employed citizen has the legal right to be granted annual paid leave of 28 days.
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At the same time, employees employed in certain industries and in certain positions, according to the current legislation of the country, are entitled to an additional paid period for their continuous work experience.

Currently, Russian labor legislation does not regulate the issue of providing additional days for annual leave; The exception is teaching staff, whose right is provided in Article 335 of the Labor Code of the Russian Federation.

Thus, the provision of additional vacation days for long service is regulated by other federal laws and regulations, which will be discussed below.

Who are they supposed to rely on?

In each industry where the right to provide additional paid days off for long service is provided, there are certain legislative acts regulating this issue:

Article 335 of the Labor Code of the Russian Federation, Federal Law No. 197, regulates the right of teaching staff to receive additional days of vacation if they have a continuous work experience of at least 10 years . When granting additional leave, in accordance with Order No. 644 of the Ministry of Education and Science of Russia dated May 31, 2016, the length of service includes the time actually worked by the teaching staff, and the length of service is summed up only if there was no more than 3 months between the dismissal and reinstatement of the teaching staff; the time the employee is actually absent from work while maintaining his job (for example, forced absence from work due to illegal dismissal or leave time to care for a child under 3 years old); the duration of practical training, while the time period from graduation from educational institution to entry to work should not exceed one month.
Medical workers, according to Decree of the Government of Russia No. 1588 of December 30, 1998 “On the establishment of general practitioners (family doctors) and nurses as general practitioners...”, have the right to additional paid days off for vacation with continuous service of more than 3 years . Moreover, according to the legislation of the Russian Federation, this category of medical workers includes therapists and pediatricians, as well as their nurses.
Employees of internal affairs bodies, in accordance with Federal Law No. 342 of November 30, 2011 (as amended on August 3, 2018) “On service in the internal affairs bodies of the Russian Federation...”, have the right to an additional paid vacation period for work experience exceeding a ten-year period . However, police officers with 5 to 10 years of service are also entitled to additional vacation days, according to Order No. 1236 of the Russian Ministry of Internal Affairs dated December 28, 2007.
Civil servants, in accordance with Article 46 of Federal Law No. 79 “On the State Civil Service of the Russian Federation,” are granted additional leave for continuous work experience of at least one year . Moreover, its duration directly depends on the total continuous length of service. Municipal employees are also entitled to additional paid days off for continuous work experience, however, Article 21 of Law No. 25 of 03/02/2007 (as amended on 10/30/2018) does not regulate the required length of service; paragraph 5 of the article states that the conditions and rules for its provision are determined by the laws of the constituent entities of Russia.
Prosecutors, according to Article 41.4 of Federal Law No. 2202-1 of January 17, 1992 (as amended on October 30, 2018) “On the Prosecutor’s Office of the Russian Federation,” have additional vacation days for length of service of 10 years or more . The total work experience of continuous service includes work as an intern, judge, military service and service in other law enforcement agencies.
Forestry workers are provided with additional paid days off if they work continuously for more than 3 years . This provision is regulated by Resolution of the Council of Ministers of the USSR No. 1014 of November 13, 1979 (as amended on August 4, 2010) “On approval of the Regulations on the working conditions of workers and employees engaged in work in the timber industry and forestry.”

In addition to the above-mentioned industries and positions, according to Article 116 of the Labor Code of the Russian Federation, employers can independently provide additional vacation days, if this does not contradict the legislation of the Russian Federation; Moreover, this provision must be enshrined in the internal regulations of the enterprise.

Civil service: vacation is never long!

Personnel officers of civil service institutions are often at a dead end when they calculate how many days of additional leave for length of service to provide an employee. Let's look at a specific example that causes difficulties for personnel officers.

Situation

The employee is sent on additional leave for long service from 07/07/2014, leave is granted for the working period from 02/03/2014 to 02/02/2015. As of 07/07/2014, the employee has a full six years of service. Personnel officers interpret the wording of Law 79-FZ differently and, accordingly, provide the employee with a different number of days of additional leave for length of service.

Option 1

They provide six calendar days of additional leave, because as of 07/07/2014 the employee has a full six years of service.

Option 2

They provide seven calendar days of additional leave because they calculate the number of days of leave for the working period based on its end date - as of 02/02/2015 the employee will have a full seven years of service.

Option 3

They provide six calendar days of additional leave because they calculate the number of days of leave for the working period based on the beginning of the calendar year - as of 01/01/2014, the employee has six full years of service.

Regardless of which calculation method HR officers use, they have the following questions:

Which of these options is correct?
On what date should the number of additional vacation days in a period be calculated: on the vacation date, the end date of the working period, the beginning of the calendar year?
If the calculation for the start date of the vacation is correct, then what if the vacation is provided in parts? For example, part of the vacation - from 07/07/2014, when the employee has six full years of experience, and part of the vacation - from 09/15/2014, when the employee already has seven full years of experience? How many days of vacation is he entitled to during this period?

In the Kontur-Personnel Civil Service program, long-service leave days are calculated automatically.

Request a call from a specialist for consultation on the program.

We asked Natalya Silantieva, an expert at the reference and legal service “Normative”, to comment on the situation:

“Indeed, according to paragraph 5 of Art. 46 of Law No. 79-FZ, the duration of annual additional paid leave for long service is calculated at the rate of one calendar day for each year of civil service.

The procedure for calculating the length of service in the state civil service of the Russian Federation and counting other periods of filling positions into it is established by a decree of the President of the Russian Federation (clause 2 of Article 54 of Law No. 79-FZ). Currently, Decree of the President of the Russian Federation dated November 19, 2007 No. 1532 is in force. However, the listed documents do not clearly state from what day the length of service should be calculated to determine annual additional leave.

Therefore, in my opinion, this procedure must be fixed in the local regulations of the organization, for example, in the Regulations on Remuneration. In this case, departmental orders can be taken as a basis, including the order of the Judicial Department at the Supreme Court of the Russian Federation dated December 1, 2008 No. 179, in section IV of which it is stated that when other periods are included in the length of service of the state civil service, the bonus for length of service, the duration of the annual additional paid leave for length of service and the amount of incentives for impeccable and effective state civil service of the Russian Federation are calculated from the date of signing the order, unless otherwise established in the order.

Since the employee’s right to the first additional leave arises after the expiration of the first year of service, it can be assumed that each subsequent year after its end provides grounds for an additional day of leave for long service (within the established norm - Federal Law No. 79). At the start of the leave, the employee has a full six years of service, which means he is entitled to six days of additional leave for years of service. His right to the seventh day arises after 02/01/2015.

It turns out that if an employee is sent on additional leave for length of service from 07/07/2014 and the leave order is signed on the same date, the length of service is calculated on the date of signing the leave order. If an employee takes vacation intermittently, as in the case of vacation in parts, then at the time of the second part of the vacation, the length of service must be recalculated.”

Duration of additional vacation days for length of service

The length of vacation days granted for long service depends on the sector of service:

Teachers of general education institutions have the right to long leave for up to a year . That is, every 10 years of continuous activity, a teaching employee has the right to take an annual vacation period.
Employees of medical organizations have three additional days of vacation, subject to continuous activity for 3 years.
Police officers serving in internal affairs bodies have the legal right to receive additional days in accordance with their total length of service . So, with 5-10 years of service, the employee’s vacation is extended by 3 days, 10-15 years - by 5 days, 15-20 years - by 10 days, 20 or more years - by 15 paid days off in addition to the usual vacation.
Civil servants, depending on their length of service, are entitled to : for years of service from 1 to 5 years - 1 day, from 5 to 10 years - 5 days, from 10 to 15 years - 7 days, from 15 years and more - 10 additional days of vacation. Russian law regulates for municipal employees the provision of an additional vacation period of no more than 10 days.
Employees in the position of prosecutor are entitled to the following number of additional days of vacation : with 10 years of service - 5 days, 15 years - 10 days, 20 or more years - 15 days off for annual paid leave.
Employees of the forestry industry with a continuous three-year work experience are granted additional leave of 24 working days (in the amount of annual paid leave).

LABOR LAW

Periods of time that are included in the length of service giving the right to annual basic paid leave Periods of time that are not taken into account when calculating the length of service giving the right to leave The employee's right to leave for the first year of work Leave for the second and subsequent years of work

1. The length of service that gives the right to annual basic paid leave includes : time of actual work; the time when the employee did not actually work, but in accordance with federal laws, he retained his place of work (position), including the time of annual paid leave;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job; other periods of time provided for by a collective, labor agreement or local regulatory act of the organization. The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions. 2. not included in the length of service giving the right to annual basic paid leave: the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Art. 76 of the Labor Code of the Russian Federation (appearing at work in a state of alcohol, drug or toxic intoxication, failure to undergo training and testing of knowledge and skills in the field of labor protection, preliminary medical examination, etc.); time of parental leave before reaching the legal age; the time of unpaid leave granted at the request of the employee for more than 7 calendar days.

3- Paid leave must be provided to the employee annually. As a general rule, the right to use vacation for the first year of work arises for an employee after 6 months of continuous work in this organization. The parties to the employment contract may agree on the possibility of providing paid leave to the employee before the expiration of 6 months. Based on Part 3 of Art. 122 of the Labor Code of the Russian Federation, before the expiration of 6 months of continuous work, paid leave at the request of the employee must be provided to : women - before maternity leave or immediately after it; employees under the age of 18; employees who adopted a child (children) under the age of 3 months; in other cases provided for by federal laws.

4. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established in the given organization.

Calculation of vacation payments

Additional vacation days granted to an employee for length of service must be paid by the employer. The scheme for calculating vacation funds is standard: the employee’s average daily earnings are multiplied by the total number of vacation days. In this case, additional payments may be taken into account in the calculation, for example:

Allowances for continuous work experience.
Bonuses or incentives, if the employee has fulfilled all the conditions for receiving it , in accordance with local regulatory documents.
Material aid.
Allowances for special working conditions, for example, in the Far North region and for working with documents marked as state secrets.

At the same time, Article 46 of Russian Law No. 79 states that civil servants must pay vacation funds no less than 10 days before the start date of the vacation.

GVP answers: Leave for military personnel and bonuses for length of service

Question:

Good day! From 1994 to 1996, I served in compulsory military service. From 1997 to 2008 he served in the State Fire Service of the Ministry of Internal Affairs and the Ministry of Emergency Situations of Russia. From 2009 to the present, I have been performing military service under a contract in a military unit of the FSB of Russia with the military rank of officer. The length of service in the calendars is decent. In accordance with paragraph 6 of Art. 38 of the Federal Law of May 23, 2016 No. 141-FZ “On service in the federal fire service of the State Fire Service and amendments to certain legislative acts of the Russian Federation”, length of service in the state fire service in calendar terms is included in the length of military service. Question: 1) how many calendar days per year am I entitled to regular leave for a military personnel; 2) a percentage increase for length of service to the salary; 3) I am a member of the NIS (military mortgage), I have not used it, savings are ongoing and upon reaching the age limit in 2021, the amount will not be enough to purchase housing. Do I have any hope of giving up savings on a military mortgage and getting home ownership, like all the other military personnel who signed a contract before 1998?

Sergey Valentinovich, Nizhny Novgorod

Answer from the head of the Main Military Prosecutor's Office, Major General of Justice Igor Shaboltanov:

In accordance with subparagraphs “l” and “c” of paragraph 2 of the Rules for calculating length of service for the appointment of military personnel undergoing military service under a contract, a monthly bonus for length of service (approved by Decree of the Government of the Russian Federation of December 21, 2011 No. 1074) to establish the amount of the specified Allowances for your length of service are subject to accounting in calendar terms for periods of service in the system of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation and the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief.

The amount of the specified allowance is established by Part 13 of Art. 2 of the Federal Law of November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them” and amounts to:

1) 10 percent - for service from 2 to 5 years;

2) 15 percent - with service from 5 to 10 years;

3) 20 percent - with service from 10 to 15 years;

4) 25 percent - with service from 15 to 20 years;

5) 30 percent - with service from 20 to 25 years;

6) 40 percent - with service of 25 years or more.

At the same time, this procedure for determining length of service is not applied when calculating length of military service to exercise the rights of a serviceman to provide housing and basic leave.

Paragraph 5 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” establishes the duration of the main leave of a military serviceman depending on the total duration in preferential terms of military service only, without providing for the inclusion in it of the period of service in internal affairs bodies, in including in units of the state fire service. According to this paragraph, the duration of the main leave is established for military personnel whose total duration of military service in preferential terms is less than 10 years - 30 days; 10 years or more - 35 days; 15 years or more - 40 days; 20 years or more - 45 days.

In accordance with paragraphs 5 and 14 of paragraph 1 of Article 15 of the same law, only military personnel have the right to provide housing under a social tenancy agreement, free of charge or in the form of a housing subsidy: those who have entered into a contract for military service before January 1, 1998; who entered into such a contract from January 1, 1998 to January 1, 2005, with a total duration of military service of more than 20 years. For other categories of military personnel, the right to provide housing in this manner is not provided. As follows from the information you provided, you concluded your first contract for military service in 2009 and therefore participation in the savings-mortgage housing system for military personnel is the only way to provide you with housing at the expense of the FSB of Russia.

Legislative regulation

It is important to know the provisions of the current regulations that regulate the scope of providing additional days of exemption from work for length of service.
The main document that regulates the relationship between the employer and subordinates is the Labor Code (LC) . This regulatory legal act came into force on December 30, 2001, Federal Law No. 197. Amendments are periodically made to the Labor Code of the Russian Federation. The last changes were recorded on December 16, 2019.

The nineteenth chapter of this regulatory document is devoted to vacations. It provides information about who and on what grounds may be granted days of additional release from work. The procedure for applying for vacations is also described.

Article No. 335 of the Labor Code of the Russian Federation establishes the right to long-term release from work for employees in the education sector. The issue of providing additional days for long service leave is practically not covered in the Labor Code. Therefore, it is regulated by a number of decrees of the Russian government, federal laws, and regional acts.

The following are examples of legislative documents:

Decree of the Government of Russia No. 1588 “On the establishment of additional paid three-day leave for doctors and nurses for continuous work.” Accepted December 30, 1998;
Federal Law No. 79 “On the State Civil Service of the Russian Federation”. Enacted July 27, 2004;
Resolution of the Council of Ministers of the USSR No. 1014 “On approval of the Regulations on the working conditions of workers, employees employed in the forest industry and economy” dated November 13, 1979 (as amended on August 4, 2010).
Federal Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”, adopted on January 17, 1992;
The procedure for granting teaching staff long leave of up to a year. Approved by order of the Ministry of Education and Science of Russia No. 644 of May 31, 2021;
Federal Law No. 76 “On the status of military personnel.” Adopted December 2, 1998;
Order of the Ministry of Internal Affairs of the Russian Federation No. 1236 “On annual additional leave for police officers.” Accepted December 28, 2007;
Federal Law No. 25 “On Municipal Service in Russia” of March 2, 2007

Article No. 116 of the Labor Code gives employers the right to independently establish additional leaves for their subordinates, taking into account production and financial capabilities. The procedure and conditions for granting such types of exemption from work must be reflected in collective or individual agreements and other local regulatory acts of the company.

The enterprise administration has no right to refuse to provide additional days to the main leave for length of service. Such actions will be regarded as a violation of the provisions of current legislation. A subordinate can file a complaint against such a manager with the Labor Inspectorate or a statement of claim in court.