Annual paid leave for the first working year: how many days is an employee entitled to after 6 months of continuous work?

Vacation norms of labor legislation

If an employee decides to quit before the end of the working year, for which he has already been allocated annual paid leave, then the employer has every reason to withhold from his salary part of the average income for days of rest that were not worked.
If a citizen is dismissed on the grounds provided for in Articles 77, 81 and 83 of the Labor Code of the Russian Federation, funds cannot be withheld.

Can vacation start on a day off?

We must remember that annual paid leave can be divided into parts, but one of the sections should not be less than two weeks.

This division can be carried out only by agreement concluded between the employer and employee and on the basis of Article 125 of the Labor Code of the Russian Federation. The boss does not have the right to unilaterally divide vacation into parts or allocate only two weeks for rest.

According to Article No. 21 of the Labor Code of the Russian Federation, an employee has the right to his personal rest, which is ensured, among other things, by providing him with guaranteed payment for annual leave. The Russian Labor Code obliges the employer to strictly comply with the regulatory framework in the field of work relations and other legal acts, which contain aspects of basic laws and relevant documents, as well as the terms of collective agreements and agreements.

According to Article No. 114 of the Labor Code, employees are provided with annual leave while maintaining their job and their position, and, in addition, their average income. The duration of annual breaks of basic paid leave, which is provided to employees, is twenty-eight calendar days.

So, is vacation after 6 months a right or an obligation? Let's figure it out.

Leave for the second and subsequent working years can be provided to employees at any time based on vacation schedules. As for the categories of employees who constitute an exception, for them this is carried out taking into account their wishes, regardless of the existing schedule.

Is it possible to get leave after 6 months of work for an employee who decides to transfer to another organization?

Cash taken into account when determining the average salary

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Based on the Regulations, the average salary is calculated on the basis of payments made to a citizen by the company (Resolution of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating the average salary”) More details:

• earnings - salary, hourly payments, interest on revenue, commission plan awards, etc.;
• earnings given to a citizen in kind;
• material maintenance provided for the period worked by a state or municipal employee;
• payments to people working in the media and cultural workers;
• remuneration of teachers for extra time worked, less workload for a given academic year, accrual time is not an important factor;
• various types of additional payments - for secrecy, knowledge of foreign languages, extensive experience, class management (for educational institutions);
• compensation paid for unsuitable working conditions;
• other bonuses and payments.

Excerpt from Decree of the Government of the Russian Federation dated December 24, 2007 N 922 (as amended on December 10, 2016) “On the specifics of the procedure for calculating average wages”

Important ! It is worth noting that social compensation is not taken into account - this is material assistance, compensation for lunch, travel, education, etc.

Can an employer refuse to provide leave?

Attention! According to Part 2 of Article 122 of the Labor Code of the Russian Federation, absolutely any employee can receive his first vacation after being hired and 6 months worked.

To avoid misunderstandings between the boss and the employee, the issue of the duration of vacation should be discussed in advance upon hiring or, if necessary, the desired period of rest should be agreed upon fourteen days before the start of the vacation.

In Art. 122 of the Labor Code of the Russian Federation states that paid annual leave is provided after a six-month period, and the employer has no reason to pay only part of it, that is, for fourteen calendar days.

In this case, the manager is obliged to pay money for all 28 days, which constitute the period of the employee’s annual basic leave with subsequent payments for it.

Important! Article 139 of the Labor Code of the Russian Federation establishes that during vacation the employee retains the calculations of the average wage, which are calculated in accordance with all the rules. Namely, the position of various features in the order of which the average salary is calculated.

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The boss has the right to refuse an employee who has applied to him for leave after a six-month working period if:

• the vacation schedule does not include the time specified in the application,
• the time remaining until the end of the working year exceeds the duration of annual leave.

Despite this, information about planned vacation for a new employee hired this year must be included in the schedule approved by management.

An employee who has worked for 6 months can be denied leave only if both parties agree. The employee can use part of the vacation, and the employer is obliged to pay the remaining days that he did not use as remuneration after dismissal.

Please note! The subordinate may also not take vacation at all and write a statement of refusal, in which case the due compensation is paid for the vacation that was not used.

Labor legislation does not provide for the possibility of providing paid leave every year in proportion to the period of time worked by the employee. The exception is cases when the opportunity to rest is given with the subsequent dismissal of the citizen before the end of the working year for which the leave is granted.

In addition, in proportion to the time worked in dangerous or harmful working conditions, additional paid rest periods may be allocated for work performed in such inconveniences. In this case, only periods of time actually worked in harmful and dangerous working conditions are included in the vacation experience.

So, Article No. 122 of the Labor Code of the Russian Federation talks about the annual provision of paid leave after 6 months; the employer has absolutely no reason to pay only for part of such rest, which is fourteen calendar days. In such a situation, the boss undertakes to pay for all twenty-eight days that fall during the period of the employee’s annual basic leave with subsequent payment.

As already mentioned above, paid rest must be provided to the employee every year, and the right to use such a break for the first twelve months of work appears to the citizen after six months of his regular work with a particular employer.

Leave for the second, as well as subsequent years, can be used at any selected time according to the order of provision of regular paid leave, which is established by a particular employer. Employees who were hired by the institution after the vacation schedule was approved go on vacation not according to its parameters, but according to the corresponding statements.

Let's consider the question of whether there is a right or obligation under the Labor Code to leave after 6 months.

In standard situations, workers have the right to the first annual rest after six months of continuous work from the moment of official employment at a new enterprise. By mutual agreement of the employer and his employee, the first annual rest may be granted before the citizen completes the required length of service for six months, as stated in Articles No. 122 and 177 of the Labor Code of the Russian Federation.

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How many days of vacation after 6 months is an employee entitled to according to the Labor Code?

What happens to the length of service that gives the right to annual leave if a citizen enters work as part of a transfer from another enterprise? In such a situation, the accumulated experience, which would give the right to leave, is not preserved when an employee is transferred from one institution to another. That is, it turns out that citizens will have the opportunity to provide rest only when they have been working in a new specific organization for six months.

The fact is that upon transfer, the employment agreement with the previous enterprise is completely terminated, and at the new place of professional activity a new contract is concluded with the employee, as stated in Article No. 77 of the Labor Code. The direct right to receive a period of rest is granted to the employee only upon completion of six months of his work in the institution that sends him on vacation. How is vacation calculated after 6 months of work? According to the employee's average monthly salary.

Labor Code of the Russian Federation - vacation after six months of work

The legislator says that a person uses vacation in the first year of employment. It is established that all employees can require time to rest, and sometimes the duration of work is not taken into account. You can take vacations every year. This right is granted to citizens with whom an employment agreement has been concluded. The parties to the labor relationship are entitled to independently determine the conditions regarding rest for employees.

Such agreements include contract agreements, paid services, etc. Vacation is expressed in the form of a continuous period of compensatory leave. Lasts for several days. The employee retains his workplace. In addition, payment must be retained.

The general rule stipulates that the first vacation can be used after six months from the date of employment with the company. The specific moment for granting rest is not specified by the legislator. It is provided that the employee is entitled to declare his right immediately after the end of the specified period.

A person writes a statement regarding the provision of time for rest at any time convenient for him. Provided that he worked for six months at the company. In a situation where an employee does not take rest, the employer is responsible for compensating for such a period.

Regardless of the fact that the procedure for granting vacations is reflected at the legislative level, it is best to duplicate this provision in the employment contract. All organizations are obliged to provide vacations to their subordinates after six months from the date of employment. If leave is denied, the decision will be appealed.

There are situations when an employee has the right to go on vacation earlier than the specified period. Such rules are reflected in the labor law. The decision is made by the employee independently.

The law does not establish the grounds used by employees for going on vacation. As an exception, the categories of persons reflected in Article 122 of the Labor Code are called. A new employee enjoys the right to early leave, subject to:

• he is under 18 years of age;
• is the adoptive parent of a child under three months of age;
• The employee is expecting a baby.

Other exceptional situations may occur. They are reflected in laws adopted at the federal level. In organizations, the frequency of vacations is specified in the accepted schedule. Management must complete the document within two weeks before the start of the next year. The rule is reflected in the Labor Code. If a person has not worked for the company for six months, vacation is planned for the next period. Changes may be made to the current schedule.

The general rule is that all employees have rights to use vacation time each year. A person exercises his right after a six-month period. For this reason, the legislator makes it possible to divide the vacation into several parts. In this situation, certain rules are provided.

Questions often arise as to how many days of rest a person who has been employed by a company for more than six months is entitled to. They are also interested in whether the management of the enterprise is obliged to provide vacations or is it their right. All citizens who have entered into an employment agreement need to know the answers to these questions. The law reflects the rules regarding the provision of vacations.

You can note Article 21 of the Labor Code. It states that all people have the right to personal rest. For this reason, the company management must provide vacation every year and pay for this period. The legislator gives employers the obligation to strictly follow the provisions of regulations. We are talking about the labor sphere. This also applies to other acts that include provisions on employee rest.

The legislator provides that when providing rest, the employee does not have to worry about his job. It remains with him while he rests. The average wage is subject to preservation. The legislator sets the total duration of rest at 28 days.

Based on the above, we can come to the conclusion that providing rest to an employee is the company’s responsibility, not a right. The employee needs to fill out a statement and send it to the manager. In the general situation, an employee gets the opportunity to take a break from work after he has worked for a six-month period. The company cannot refuse this.

How long after vacation can you take vacation? The answer is reflected in the law. The date of going on vacation is subject to agreement with the company management.

If the provisions of the law are violated, the person appeals the decision made by management in the proper manner. You must contact the competent authority.

All employees with whom employment contracts have been concluded have the right to receive at least twenty-eight calendar days of paid leave. In the first and subsequent years, the conditions for provision are different. After working for more than a year at one enterprise, employees go on vacation in accordance with the approved schedule.

The right to such leave arises after six months of continuous work with a given employer. Experience at other enterprises is not taken into account. Vacations are granted individually for each working (not calendar) year starting from the date of signing the employment agreement.

The employer can provide days of rest earlier at the request of the employee, but he is not obliged to do this, with the exception of the following categories of employees:

• women before and after maternity leave;
• underage;
• employees whose wives are on maternity leave (pregnancy and childbirth);
• who have adopted children under three months of age;
• wives of military personnel;
• veterans and Chernobyl victims;
• part-time workers, if they are granted regular leave at their main place of work.

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Sick leave payments: what an employee can expect after surgery According to the law, it is impossible to provide basic leave in proportion to the days worked (with the exception of dismissal of an employee after leave).

By agreement with the manager, it can be divided into parts (according to Article 125 of the Labor Code). One of the parts cannot be less than fourteen days.

But it is impossible to provide an employee with fourteen days of leave only on the basis that he has worked for only six months, and to divide it in half.

If this is a new employee who was hired after the start of the new year, appropriate changes are made to the schedule or an additional one is drawn up.

When drawing up such a schedule, a unified form is used; the wishes of employees regarding dates can be taken into account.

If, after six months, an employee exercises the right to full holiday, and then leaves shortly after, then the amount of “extra” holiday pay paid will be deducted from his salary.

There are cases when the conditions for using the right to leave have arrived (half a year of work), but this can negatively affect the organization’s activities. In this case, the vacation can be postponed to the next year with the consent of the employee.

This vacation can be added to the main one, and in some cases it can be replaced with monetary compensation.

Employees who have worked at the enterprise for more than six months are entitled to other types of rest.

After six months of continuous work at the enterprise, the employee also has the right to leave without pay (at his own expense).

Management may refuse such leave if it considers that this will negatively affect the production process.

In some cases, he does not have the right to refuse, for example, if the employee:

• working pensioner (14 days);
• disabled person (60 days);
• WWII participant (35 days);
• parents or spouses of a serviceman who died while on duty (14 days);
• employee with good cause.

The presence of all these reasons entitles the employee to at least 5 days of vacation at his own expense. The maximum is not limited by law.

If the employee has a certificate from the antenatal clinic and a sick leave certificate, she is entitled to leave in the amount determined by law:

• in the normal course of a singleton pregnancy - 140 days starting from the 30th week of pregnancy;
• for complications - 156 days;
• in case of multiple pregnancy - 194 days;
• for those living in radiation-contaminated areas - 160 days.

Following this, the woman (or family member) can take advantage of the right to parental leave.

An employee has the right to add annual leave to B&R leave before or after it.

Training

Employees who work and study at the same time can also count on receiving study leave.

They may need it to pass entrance exams, intermediate certification, write and defend dissertations, etc.

If an employee receives education at this level for the first time, the employer is obliged to provide him with leave. In other cases, rest days are provided by agreement.

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After working for a certain period of time, the employee has a question about vacation. The legislation of the Russian Federation describes the right to rest for employees. After what period of time does the organization give rest, and how do they calculate the number of days? What is the procedure for completing it? Can an employer refuse to provide it, and what are the possible consequences? All these nuances will be discussed later in the article.

The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art.

122 Labor Code of the Russian Federation. To use vacation after 6 months of work, the employee's service must be continuous during this time.

During this period there should be no layoffs; business trips or sick leave are allowed.

Providing leave after six months is not the employer’s obligation, it is the employee’s right. Before going on vacation, you must agree on the date with your supervisor. At the same time, according to Part 2 of Art. 122 of the Labor Code of the Russian Federation, the categories of citizens listed below may not coordinate it with the leadership.

Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.

The right to annual leave for a new employee, as well as its provision earlier than six months

Paid leave must be granted to the employee every year. That is, a citizen has the right to use such a break in the first year of his work activity with a specific employer. The opportunity to take leave for the first twelve months of work arises for employees after six months of continuous work with a particular employer.

Article 115 of the Labor Code of the Russian Federation states that vacation after six months of work is 28 calendar days. This is the standard period of annual leave that is paid to the employee.

Certain subordinates have the right to take longer leave after employment.

These include:

• persons under the age of majority,
• employees with disabilities
• people who work with chemical weapons,
• teachers,
• scientific workers.

Calculation of vacation pay for an incomplete month worked.

The amount of leave for such citizens can be from 30 days or more.

According to Article 122 of the Labor Code of the Russian Federation, the first annual leave can be taken before the employee has worked for the required period of 6 months. This case requires consent from management.

There are cases when a citizen receives leave ahead of schedule, so to speak, in advance, but then immediately quits. Such a case gives the boss the right to withhold from the subordinate’s salary the amount that was not worked for leave granted ahead of schedule.

Calculation of vacation pay for six months

Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.

The amount an employee will receive when going on vacation depends on three components:

1. Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
2. Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.

It should be noted that when calculating average daily earnings the following are not taken into account:

• Sick leave, vacations, business trip payments;
• Awards for an anniversary or other holiday;
• Compensation for travel and food;
• Other additional payments that are not included in wages.

How many days?

Thus, it turns out that after six months of regular work with a particular employer, the employee who has been granted leave has the right to receive basic paid rest in full, namely for a total duration of twenty-eight calendar days annually. Many people are wondering whether vacation after 6 months is the right or obligation of the employer.

The Labor Code of the Russian Federation does not take into account the possibility of granting partial annual leave in kind with payment, that is, in proportion to the time worked in a particular working year. Based on this, vacation, which is considered regardless of working hours in the year, is provided in full, namely within the established duration.

Calculation examples

What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:

Example 1

Example 2

The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2021, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?

Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.

Example 3

The engineer got a job in October 2021, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2021, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?

Example 4

The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?

This is important to know: Duration of additional leave for irregular working hours

When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.

Deduction from salary

If an employee quits before the end of the working year, for which he has already been allocated annual paid rest, the employer has the full right to make a deduction from the citizen’s salary, namely, to take away part of the average income issued for unworked rest days.

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It is important to note that annual paid leave can be divided into parts, but on the condition that at least one of these sections must be at least fourteen calendar days. Although such a division can only be carried out by agreement between the employer and his employee on the basis of Article No. 125 of the Labor Code.

We understand the issue of whether vacation after 6 months is the right or obligation of the employer.

Calculating vacation pay using a calculator

A competent accountant, knowing the formulas for calculating vacation pay, can calculate the required amount manually. But knowing the formulas alone is not enough; you need to constantly be aware of innovations in the Legislation, monitor the release of new orders and resolutions, and study them. To make the work of accountants and HR officers easier, there are special programs that can instantly make the necessary calculations, taking into account all the updates.

For the convenience of calculations, you can use the online vacation pay calculator on our website.

Mutual interests

Along with this, when granting such leave, both participants in the labor relationship - both the employee and his employer - must take into account the mutual interests of each other, and, in addition, the possibility of agreeing on the initial date of rest. The employee, of course, does not have the right to determine the date of going on vacation independently, or to go on it without permission.

Is it a right or an obligation for an employee to take leave after 6 months?

Thus, it should be concluded that, of course, a full-time employee has the full right to receive leave upon expiration of six months of work with a particular employer. In addition, if a citizen turns to the employer with an application to provide him with time to rest, then the management does not have the right to refuse him this.

In the event that the allocation of vacation, in the opinion of the management, may adversely affect the normal and successful course of the institution’s activities, then the employer can only in the form of a proposal ask his full-time employee to transfer the vacation to another more suitable period of time, while explaining to the citizen the current situation at the enterprise unfavorable situation. But, if the employee does not want to agree to such a transfer, then the employer simply does not have the right not to let him go on the desired vacation.

Exceptions to the rules

The employer is obliged to provide leave before the end of the six-month period at the request of its employee only in exceptional situations in relation to certain categories of citizens, namely:

• employees who have not yet turned eighteen years of age;
• women who are on the verge of immediate leave due to pregnancy and childbirth and after them, including, and, in addition, upon completion of the required period of child care;
• employees who adopted infants under three months of age;
• husbands while their spouses are on leave due to pregnancy and childbirth;
• veterans;
• Chernobyl victims;
• wives of military personnel;
• part-time workers

Is it obligatory?

Yes, he is obliged to do so if the employee approaches him with a corresponding application. In general situations, upon completion of six months of work, the employee has a legal right to receive leave, and the employer has a direct obligation to provide it. At the same time, when sending an employee on vacation, both parties are obliged, among other things, to take into account each other’s mutual capabilities and interests, and they should also mutually agree on the start date of the vacation period.

We looked at what vacation after 6 months is - a right or an obligation.

The procedure for granting vacation days

To get the opportunity to rest after working for 6 months, it is advisable to draw up an application.

The entire process for the employee will require a certain execution sequence:

1. drawing up an application for leave indicating the duration and date of the first day or exact time limits;
2. approval of the application from the manager;
3. submission of an agreed application to the HR department;
4. signing of the order by the interested party.

Leave 6 months after employment is granted only after all documents have been completed. In some organizations, if an employee goes on vacation as scheduled, filing an application is not required. If the company has a vacation schedule and the employee does not fit into it, an additional application for transferring rest days will be required.

However, if an employee came to work this year and is not included in the schedule, then after 6 months of service he can go on vacation as agreed with the employer.

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