Rules and features of vacation scheduling
Every company should have a vacation schedule.
It is approved no later than two weeks before the start of the new calendar year. When drawing up a schedule, you need to take into account some features. For example, do not forget about the categories of employees who “stand out” from the general scheduling rule: those under 18 years of age; employees who adopted a child under 3 months of age, etc.
For more information on how to indicate the start date of vacation in the vacation schedule, which form to use and how to make changes, read the article. This information will be useful to you when drawing up your vacation schedule for 2022.
Vacation schedule for 2021: features of preparation, form
Read
How to determine vacation experience
An employee's right to vacation arises after he has worked for a certain period for a specific employer. To calculate the number of vacation days that he is entitled to, he needs to determine the vacation period. To do this, it is important to remember several rules. For example, do not forget that work experience with a previous employer does not count.
Calculate vacation pay automatically and without errors
There are periods that are included in the vacation period, and there are those that, on the contrary, are excluded from it. However, some periods are controversial.
Vacation experience: how to determine in various situations
Read
Algorithm for an employer's actions when recalling an employee from vacation
The employer does not have the right to simply recall an employee from vacation. Firstly, this requires solid reasons. And secondly, it is important to correctly formalize such a procedure and obtain the employee’s consent.
One of the tasks that a company faces in such a situation is the withholding of previously paid vacation pay for those days that the employee was not on vacation, as well as the recalculation of personal income tax and insurance premiums.
Recall from vacation: how an employer can avoid unpleasant consequences
Read
Non-working days and vacations
Two decrees of the President of the Russian Federation dated March 25, 2020 No. 206 and dated April 2, 2020 No. 239 introduced a new concept into everyday life for Russians - a non-working day with preservation of wages. The procedure for recording such days is prescribed in the Recommendations for employees and employers, which were issued by the Russian Ministry of Labor in connection with Decree No. 206.
After the extension of the self-isolation period until April 30, the Ministry of Labor did not issue any more official clarifications, so it seems correct to us that the Recommendations also apply to Decree No. 239 - for all days until April 30, 2021.
The document of the Ministry of Labor in paragraph 2 contains the provision: “If an employee is on vacation, then non-working days from March 30 to April 30, 2020 are not included in the number of vacation days and vacation for these days is not extended.” It is this controversial thesis that raises a flurry of questions.
According to Art. 120 of the Labor Code of the Russian Federation, basic paid leave is calculated not in working days, but in calendar days. It also includes weekends, but state non-working holidays are not included in the vacation and are not paid. This means that if the vacation period falls on, for example, February 23 and March 8, the vacation is extended by these two days. Or the employee can add them to the next vacation.
In the decrees of the President of the Russian Federation, the days from March 30 to April 30 are called non-working days, but not holidays. Failure to include them in the vacation automatically means the need to extend the vacation, and this contradicts paragraph 2 of the Recommendations. In addition, the presidential decree, which, although an important document, does not have the force of federal law and does not change the provisions of the Labor Code of the Russian Federation.
Correct accounting of non-working days in the Kontur.Personnel program
In this situation, we consider it correct to include non-working days in April as vacation. Moreover, a little later, answering questions on its portal, the Ministry of Labor adjusted the wording; the condition not to include non-working “quarantine” days as vacation disappeared from it.
An employee who finds himself on vacation, which should end after March 30, may apply to interrupt it. But the solution to the issue remains at the discretion of the manager (Article 124 of the Labor Code of the Russian Federation). If the decision is positive, the accounting department will have to recalculate vacation pay. For an employee whose vacation ended on March 29, the days from March 30 to April 30 are counted as working days, despite the fact that in fact the person will not appear at the workplace.
Declaring April as a non-working holiday does not cancel the organization’s obligation to provide employees with annual paid leave in accordance with the approved schedule. Therefore, the personnel department is obliged to notify the employee of the upcoming vacation, and the accounting department is obliged to pay for it three working days in advance. There is no change in this matter. In this case, the employee has the right to submit an application to change the vacation time and take it off later if the manager agrees.
If on non-working days your employee is on annual paid leave, the amount of vacation pay must be transferred in full; no recalculations need to be made.
Most likely, the Ministry of Labor will issue additional clarifications on how to take into account the days from March 30 to April 30. We are closely monitoring all changes and will definitely tell you about them.
For users of the Kontur.Personnel program, we have prepared an update that will allow you to keep correct records of non-working days.
How to apply for and receive compensation for vacation
Employees often accumulate vacation arrears over several years. And in such cases, the employer is faced with the question: how to deal with them? Is it enough to compensate for unused vacation with money?
There are only two cases when it is possible to exchange vacation for money - when an employee is dismissed, if there are unused vacations, and if there are additional vacations exceeding 28 calendar days. But in each case there are non-standard inputs.
Vacation compensation: when vacation can be replaced with money
Read
Application for a day off on account of vacation
I worked at the company for 7 months officially.
I want to take a paid vacation for 2 days. Does the company have the right not to let me go for these 2 days? The employee took one day towards his next paid vacation. Should vacation pay be paid for one calendar day? Therefore, if your work book was issued during the Soviet Union, then you can continue to keep it. But modern Russian labor books cannot be used on the territory of the Republic of Belarus. You will need to get a new employment record.
It’s another matter when you can’t immediately agree on a vacation time. Then both parties have to look for a solution, taking into account the current norms of the Labor Code.
Is it possible to do this? Dmitry, Grodno region. Yes, you can. The legislation does not stipulate for what minimum period both labor and social leave can be granted. But please note that labor leave can only be divided into two parts, unless otherwise provided by the collective agreement (Article 174 of the Labor Code of the Republic of Belarus) .
Based on a written application from such an employee, he should be granted leave, even if he has not yet worked for six months in the organization.
In the summer, on my regular vacation, I replaced the school director with a review and 50% pay. Now during the school year he sends me on vacation because I didn’t take my vacation in the summer. I don’t want that. He tells me that I will work for free. And my salary is more than he paid me for my replacement. Is the director right? Thank you. The program was developed jointly with Sberbank-AST CJSC. Students who successfully complete the program are issued certificates of the established form.
Is it possible to take a vacation for 2 days? I worked at the company for 7 months officially. I want to take a paid vacation for 2 days. Does the company have the right not to let me go for these 2 days?
An employee may be granted unused vacation either in full or divided into parts by agreement between the employee and the employer. This decision of the employee is caused by the accumulated days of vacation that he needs to take off. In my experience, this has never happened before where an employee asks for vacation on days when he is already resting! Is that possible? Tell me, is it possible to replace one type of vacation (weekends) with another (paid vacation)?
The employee wrote an application for leave for 5 working days (5-day work week), the employer, in turn, issued this leave for 7 calendar days, including 2 days off for the employee.
By the way, if non-working days or holidays fall during your legal vacation, they will not be included in the number of calendar days of vacation (Article 120 of the Labor Code). And if you get sick, your vacation should be extended or postponed to another date. To do this, you need to bring a sick leave certificate to work.
If a regular employment contract has been concluded with you, then the average salary for the vacation period must be paid to you no later than two days before it begins (Article 176 of the Labor Code), and if you work under a contract, then no later than one day (clause 4 Decree No. 29 of July 26, 1999).Does a Russian need to get a new work book in Belarus?
In January 2021 I was on vacation, the next year my boss gave me a vacation in November, DURING THE WINTER period, what does the labor code say about this?
Accordingly, if an employee brings you an application for vacation (or to reschedule vacation) a couple of days before it starts, the organization will violate this requirement of the Labor Code of the Russian Federation. And even if she manages to avoid a fine, because it really was not possible to transfer money to the vacationer on time, she will still have to pay compensation for late payment of vacation pay.
Changes: Background-color // .bgDefault - default background color Changes: Background-color // .leftMenu__backround1 - left menu. top block Changes: Background-color // .leftMenu__backround2 - left menu. central block Changes: Background-color // .leftMenu__backround3 - left menu.
In this case, the decision to divide the vacation into parts must be mutual and supported by documents. An employee can reflect his wishes regarding the division of vacation in a free-form application. Meanwhile, for various reasons, in practice a situation may arise when an employee accumulates unused vacation days.
What to do? - you ask. And we will answer: send the employee on vacation. What else? According to part one of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, and at least one of them must be at least 14 calendar days.
If this condition is met, the remaining vacation may already be divided into parts, which can be of any duration, up to one calendar day. In this case, the day of dismissal is also considered the last day of vacation. When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.
We invite you to familiarize yourself with: Leave under the Labor Code: regular, without pay, maternity leave
Yes, you can. The legislation does not stipulate for what minimum period both labor and social leave can be granted.
You will learn about current changes in the Constitutional Court by becoming a participant in the program developed jointly with Sberbank-AST CJSC. Students who successfully complete the program are issued certificates of the established form.
There are 2 problems here: 1) You are required to go on vacation in accordance with the vacation schedule. If your 2-day vacation is not provided for in the schedule, then the employer has the right not to let you go on vacation 2) If you agree with the employer, then there may be another problem if you have previously taken vacation in parts.
As stated above, the issue of dividing vacation into parts must be agreed upon between the employee and the employer. And of course, such agreement should ideally be recorded on paper. The most reliable option would be if the employee himself writes an application addressed to the head of the organization about dividing the annual paid leave into parts.
However, if there are many employees in the organization, this may be inconvenient. Therefore, there is another way: to familiarize employees with the vacation schedule, which in itself already fixes the division of vacation (Article 123 of the Labor Code of the Russian Federation).
Not every employer today is ready to let their employees go on vacation for all 28 calendar days at a time. So should he do this or shouldn’t he if the employee does not agree to split his vacation into parts? In the absence of the employee’s consent, the employer has no legal grounds to unilaterally decide to divide the employee’s vacation into parts (Letter of Rostrud dated July 17.
By the way, for violations of labor legislation, administrative liability is provided in the form of a warning or a fine in the amount (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- from 1000 to 5000 rub. to the manager;
- from 30,000 to 50,000 rub. to the organization;
- from 1000 to 5000 rub. on IP.
Due to operational needs, some employers find it difficult to let their employees go on vacation not only for 28 calendar days, but even for 14 days. More precisely, they are ready to do this once a year, because the corresponding requirement is directly enshrined in the Labor Code of the Russian Federation, but the second time - no longer. In this regard, sometimes organizations try to force employees to take vacations for shorter periods using various kinds of tricks.
However, LNA norms that worsen the employee’s position in comparison with established labor legislation are not subject to application (Article 8 of the Labor Code of the Russian Federation). The considered requirements for mandatory division of vacation contradict the provisions of Art. 125 Labor Code of the Russian Federation. Therefore, their employees, in general, can simply ignore them. And in the event of a conflict with management, inspectors from the labor inspectorate will also point out the illegality of the LNA norms.
There is a practice in Russian organizations to provide employees with 2 days of leave, which must fall on weekends. That is, once a year, an employee, as expected, takes a vacation for 2 weeks. And the remaining 14 days are used, for example, 2 days (Saturday and Sunday) for 7 weeks.
After all, if you literally read the norms of the Labor Code, then the division of leave into parts can be organized in any way, as long as both the employee and the employer agree with it. And weekends are included in the vacation granted in calendar days. And vacation can also begin on a day off.
And yet, leave cannot be granted in this way. Because the employee does not actually use his vacation: weekends, even without writing a vacation application, would be non-working days for him, that is, they would be rest time for him. And in accordance with the Labor Code of the Russian Federation, the types of rest time are (Article 107 of the Labor Code of the Russian Federation):
- breaks during the working day (shift);
- daily (between shifts) rest;
- weekend;
- non-working holidays;
- vacation.
