Preferential holidays according to the Labor Code of the Russian Federation, their provision and requirements for registration

Preferential leave: what is it, the essence of the concept

The Labor Legislation describes in detail the right of every citizen to receive a certain amount of rest each year. But there are categories that are entitled to additional break days. This is the so-called preferential break from work. Here they rely on Article 116 of the Labor Code of the Russian Federation.

An employee can count on such a benefit if he belongs to a certain category of citizens, the list of which is established at the legislative level.

Northern pensioners will receive compensation for travel to their holiday destination

Karmazina Raisa Vasilievna Deputy of the State Duma was elected in electoral district 0057 (Yenisei - Krasnoyarsk Territory), the draft federal law was developed to ensure equal opportunities to exercise the rights of pensioners. She said that previously the law established that non-working pensioners living in the Far North and equivalent areas have the right to receive compensation for the cost of travel to a vacation spot on the territory of the Russian Federation and back.

“The bill proposes to expand the choice for compensation recipients, that is, the right to compensation for travel in Russia will be able to be used not only by those who chose the territory of the Russian Federation for vacation, but also by those who vacationed outside of it,” she said.

The law changes the current conditions for compensation of expenses for paying the cost of travel to a place of rest and back for non-working pensioners who are recipients of an old-age insurance pension (taking into account a fixed payment to the old-age insurance pension) or a disability insurance pension and living in regions of the Far North and equivalent to them localities, providing for the possibility of receiving it if you choose a vacation spot not only on the territory of the Russian Federation, but also beyond its borders. Such compensation will continue to be provided once every two years, and only travel within the territory of the Russian Federation will be compensated.

What categories of citizens are entitled to the supplement?

Here is an example of employees who can count on increased rest:

With special types of work activity. An example is medical laboratories working with contaminated biological materials.
Persons working in enterprises with a production cycle that poses a health hazard.
The presence of irregular working hours, due to which on-site presence may be required equally day and night, on holidays.
Those who work in difficult climatic conditions, including in the Far North.

At the regional level, or a specific enterprise may have documents that describe additional conditions related to this area.

Article 122 of the Labor Code of the Russian Federation states that preferential categories of citizens receive basic and additional leaves, regardless of how much experience they have gained at a particular enterprise. The rule also applies to the following persons:

adoptive parents of children under three months of age;
employees who are themselves under 18 years of age;
employees who applied for additional leave after returning from maternity leave;
those who decided to get one more leave before the start of maternity leave.

How to spell: unfit or unfit?

In various sentences, the word (not) suitable is often written with the particle “not” in different ways, in this regard the question arises, which option is correct or is it possible to use both methods.
In this regard, it is worth understanding in detail how the word (un)fit is correctly written: together or separately. The word fit is a short form of an adjective derived from the adjective fit. Moreover, this full form can be written with the negative particle “not” in two ways. This means that the short form can also be written with the particle “not”.

The correct answer is: unfit and unfit.

Full rules for spelling “not” with a short form of the adjective can be read here.

To write separately, special conditions must be met, and at least one of two must be met: the presence of a word nearby that will strengthen the negation, or the presence of a contrast with the conjunction “a”.

Your brother at all fit for military service.

In the remaining cases, you can write the short form of the adjective unsuitable together.

This vehicle is unsuitable for everyday courier work.

Source of the article: https://portalonline.ru/russkij-yazyk/3787-kak-pishetsya-ne-goden-ili-negoden.html

About the duration

The Labor Code in Article 120 confirms that vacation does not include holidays and weekends. This is a general rule that applies to everyone.

As for the preferential holidays themselves, their duration is largely related to the basis for their provision. In the case of irregular working hours, they rely on the internal regulations in force for a particular organization. But Article 119 of the Labor Code of the Russian Federation establishes the minimum duration of preferential rest - three days.

When establishing irregular working days, it does not matter whether the citizen was actually involved in overtime work outside the current schedule.

How are workers in the Far North paid for travel to their vacation destination?

In addition to the paid days of rest provided to citizens on a general basis, an additional paid period has been established for those who work in the Far North (24 calendar days) and in equivalent regions (16 calendar days). Organizations located in these areas must reimburse employees for travel and return travel expenses from their own resources.

Reimbursement for transportation costs is issued to the employee before leaving on vacation based on preliminary transportation costs, and the final payment is made based on the provided travel documents upon the employee’s (his family members) return home.

Orders and norms used in determining the amount and procedure for paying money for transportation expenses for workers in enterprises and organizations of the Far North of the Russian Federation must be reflected in the internal regulations of the organization and at the legislative level.

When traveling by personal vehicle, expenses calculated based on the lowest cost of the shortest route to the final destination of the route are compensated. In this situation, the employee must submit to the accounting department of the enterprise documents confirming his stay outside the northern territories of the Russian Federation during the period under review.

The right to take advantage of preferential travel passes arises simultaneously with the right to receive generally accepted labor leave (according to the schedule).
The 2 years allocated for a preferential trip are calculated in the total amount of jobs of a citizen in the North.
Compensation is paid by the employer even upon dismissal of a citizen returning home from vacation. He is entitled to compensation for round trip travel and payment for travel to his place of residence.
All rest days are counted as calendar days, so payment for holidays or working days is made the same.
Payment of compensation is made based on the presentation of documents confirming the citizen’s departure from the region.
If an employee goes on vacation with disabled family members, then their movement and transportation of luggage (up to 30 kg) are also paid for by the company.

The legislator provides various labor privileges to all citizens working in the northern regions and similar areas. Among the main advantages, one can highlight the possibility of receiving financial compensation every two years for travel to the place of the planned vacation and back, taking into account the available luggage, provided that the region that is part of the Russian Federation was chosen as the vacation destination.

application for the issuance of special coupons (personal directions) for the right to purchase travel documents without cash for travel to the place of treatment and back;
passport or other identification document confirming place of residence in Moscow;
a certificate from the Pension Fund confirming your right to benefits*;
an identification document of the applicant's representative, and a power of attorney (in simple written form or notarized) - if the documents will be submitted by the applicant's representative.

Every working citizen has the right to receive an annual vacation period of at least 28 days. However, there are certain categories of workers to whom the legislator provides a longer period of time for rest; such persons include northerners.

Violation by the employer of the provisions of legislative acts regulating the rights of northerners to receive certain additional compensation and guarantees, as well as attempts by the employer to evade fulfillment of certain prescribed obligations, may become the basis for bringing him to administrative responsibility. Thus, the amount of penalties is as follows:

The internal documentation of organizations, as a rule, records all the main incentives/allowances or guarantees that should be provided to certain categories of workers. In companies operating in the northern regions, the following employee expenses are subject to compensation:

For employees of institutions of constituent entities of the Russian Federation (municipal institutions), the procedure for compensation for travel and baggage to the place of use of vacation and back is established by legal acts adopted by regional bodies or local governments (Part 8 of Article 325 of the Labor Code of the Russian Federation).

In general, the employer is obliged to pay the cost of travel for employees and transportation of luggage to the place of use of vacation and back only within the territory of the Russian Federation (Part 1 of Article 325 of the Labor Code of the Russian Federation). Therefore, if an employee flies on vacation abroad without landing at the airport closest to the place where the state border of the Russian Federation is crossed, the employee will have to submit a certificate from the air carrier about the cost of transportation within the territory of the Russian Federation. And the employer will be obliged to reimburse him for this cost.

Hello, in Article 325 of the Labor Code of the Russian Federation, payment for travel is regulated only for minor family members. Some organizations provide payment for travel for children studying at a university, but this benefit must be specified in the collective agreement of your organization.

In addition, such employees can count on compensation for the carriage and travel of baggage with a non-working family member, including minor children. This right arises for the employee along with receiving paid leave for the first year of active work if he works for a specific employer.

Payments are made only at the main place of work. If a citizen is employed as a part-time worker in the North, but works as a main employee in another region, he will not be able to take advantage of the benefit.
Timely appeal. It is advisable to apply for payments at least 2 weeks before your trip. If the citizen has previously used this opportunity, the request will be refused on legal grounds. Money is transferred no more than once every two years.
Ticket prices. The calculation takes into account the minimum ticket price and the shortest travel route. Payments for delivery by air are allowed only in exceptional cases. Basically, railway tickets and bus trips are compensated.

Calculation of vacation pay for preferential rest days

In this case, general rules apply that apply to everyone. They start by determining the average daily earnings for the specified reporting period. The last one is usually taken as the calendar year preceding the application. The result is then multiplied by the exact number of days.

The money is paid to the subordinate at least three days before the break begins. Article 136 of the Labor Code of the Russian Federation confirms this rule. Financial liability applies to employers in case of violation of the specified framework. Compensation is paid for each day of delay.

If there is part of the vacation exceeding 28 calendar days, the employee has the right to replace the vacation with compensation in cash. To do this, submit an appeal to the employer in writing. But there are categories of employees who are prohibited from such substitution.

This applies to the following categories of citizens:

pregnant women;
minors;
working in harmful or dangerous working conditions.

Some categories are entitled to additional compensation for travel and baggage to the holiday destination, in the opposite direction. The main thing is to collect evidence of expenses and provide accounting documents. Employees are entitled to such benefits no more often than once every two years.

In the case of expense reimbursement, payment is made based on the lesser value. The employee independently pays transportation costs associated with traveling outside the Russian Federation.

How do you spell “non-preferential” or “non-preferential”?

It is written this way and that way.

Non-preferential - written together if a synonym can be found for the word. Non-concessional - paid.

does not here .

Not preferential - written separately if there is any opposition. Not preferential, but paid. The synonym in this case cannot be used: paid, but paid. Not used here as a particle.

The word non-leading and non-leading can be written together and separately. How to write correctly depends on speech conditions.

The part of speech of the word “not advancing” is participle.

separately under the condition that

The participle has dependent words.

Example sentence. The growth rate of the profit indicator is not ahead of anyone.

there is a contrast with the conjunction “a” in the sentence.

Example sentence. It is not a region ahead of others in terms of economic indicators, but a lagging region.

particle in the semantic meaning of negation. Words that strengthen negation: at all, not at all, not at all, extremely, completely, yet, already and all other similar ones.

Example sentence. The growth rate is not yet rapid.

In all other cases it is written together .

Example sentence. Non-leading growth rate of profit indicator.

If you can choose a synonym for an adjective - in this case the synonym will be erroneous, then it is written together: “uncorrected”

It's already an adjective. But with adjectives the situation is more interesting.

It all depends on the sentence in which it is used and there are options for combined and separate spelling with the particle “not”. Let's consider when it is written separately:

1. The adjective is used in the context of opposition.

For example: This action was not timely, but rather late.

2.When using an adjective with NOT with negative particles or pronouns (nothing, not at all, no one, no way, not at all, not at all, etc.).

For example, not a timely action at all.

In other cases, “not” is written together.

For example: You acted at the wrong time, of course, but what can you do?

Part of speech of the word “unprofessional” – or an adverb, if it answers the question “how?”; a short adjective if it answers the question “which?” It is written together and separately, regardless of whether it is an adverb or an adjective, the rules are similar. Most often, the word is, after all, an adverb; it is rarely used as an adjective.

A word with the particle “not” is written together if it is possible to find a synonym without “not”.

“Unprofessional” can be replaced with a synonym for “bad”, “amateurish”, “inadequate quality”.

Examples. Unprofessionally completed work will not be accepted for participation in the competition.

It is written separately:

if there is a opposition expressed by the conjunction “a” (exception: opposition with the conjunction “but”, with “but” - combined.

Examples. Your work was not done professionally, but rudely and poorly.

if the particle “not” is used in the meaning of negation. In the composition of phrases, the negation is reinforcing: “not at all”, “far from”, “not at all”, “not at all”, “not at all”, “no one”, “nothing” and others.

Examples. Your work was not done professionally.

Let's look at how to write the word “solidarity” correctly with a negative particle: together or separately.

Let's determine the part of speech of this word.

It is obvious that the part of speech of the word “solidarno” is a short adjective, the full form of which is “solidarny”. According to the rules of the Russian language, adjectives in short form are written with a negative particle NOT separately, due to the fact that in this case the particle does not give the word a new semantic meaning, otherwise the adjective should be written with a negative particle NOT together. But in the case of short forms of adjectives, the particle serves exclusively to express the meaning of negation. According to the rules, in such cases of its use, the particle “not” is always written separately, both with the short and full forms of adjectives.

I do not agree with you on this issue.

I do not agree with the public assessment of this person.

The team members do not agree with such an unpopular policy of the enterprise management.

Article source: https://otvet.ws/questions/2376679-kak-pishetsja-nelgotnyj-ili-ne-lgotnyj.html

Law on preferential leave for northerners and rules related to their family members

Family members are considered to be spouses or minor children living with a citizen at virtually the same address. Those who are dependent are often subject to registration.

Some companies add full-time minor children to family members. Benefits up to 23 years of age are provided by the following companies:

Surgutneftegaz;
Gazpromneft;
Lukoil;
Slavneft;
Rosneft.

Some companies allow collective agreements to be drawn up with the condition that the citizen’s wife also receives compensation if necessary. The main thing is that she does not take advantage of the right to preferential leave in the same year as her husband.

Family members must also live in the Far North or other areas with the same significance. Otherwise, no compensation is due.

Sample certificate of non-use of vacation and non-receipt of monthly child benefit

Information for the document

When applying to the employer for a monthly benefit for up to 1.5 years, the employee must provide a certificate from the other parent’s place of work confirming that he does not use vacation and does not receive this benefit.

This requirement is contained in subparagraph “g” of paragraph 54 of the order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n. It says that in order to assign and pay a monthly child care allowance, a certificate from the place of work (service) of the father (mother, both parents) of the child is submitted stating that he (she, they) does not use the specified leave and does not receive benefits, and if the father (mother, both parents) of the child does not work (does not serve) or is studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education - a certificate from the social protection authorities at the place of residence of the father, mother of the child about non-receipt of a monthly allowance for child care (for one of the parents in appropriate cases), as well as for persons actually caring for the child instead of the mother (father, both parents) of the child.

The certificate is written on the organization's letterhead in free form. The certificate is affixed with the seal of the organization, and the document is certified by the signature of the manager and accountant.

Organization form indicating details (address, telephone)

This certificate can only be obtained by a working parent. If the second parent does not work or is a full-time student , then it is necessary to submit a certificate from the social security authorities at the parent’s place of residence about non-receipt of this benefit.

If the second parent is an individual entrepreneur (IP), then a certificate of non-receipt of this benefit will be issued upon request at the regional branch of the Social Insurance Fund of the Russian Federation.

Completed sample document

REFERENCE

Ref. No.__ dated ________20__

A certificate was issued (full full name), stating that he actually works at LLC (name of organization) in the position of _____. He did not use parental leave until he reached the age of 1.5 years, and he was not assigned a monthly allowance for the period of parental leave until he reached the age of 1.5 years per child (full name, date of birth of the child). and was not paid.

Head of the organization signature Full name

Chief accountant signature Full name