Who is entitled to additional leave? Who is entitled to additional annual paid leave? How to apply for additional leave

These questions are now asked by almost every person, regardless of income level and social status.

Asking a friend who has been planning to make a big purchase for a long time: “Well, have you saved up?” - for some reason you always get the answer: “Somehow something isn’t accumulating. First one thing, then another..."

And it seems his salary is above average, and there don’t seem to be any cosmic problems. How is that?!

Let's figure it out.

Background

A long time ago, when I, as a simple student, traveled to different addresses in the city as a courier for little money, I thought something like this: “Well, nothing... once I finish university, I’ll get a real job, I’ll earn N thousand rubles, and I’ll live!”

Time passed, graduation from university was far away, part-time jobs changed. The courier became a mobile software adjuster. The customizer became a software tester. Tester - system administrator, etc. Then a diploma higher education, other positions, other income. And on, on and on.

The value of N increased. Even at the testing stage, it became equal to what the courier dreamed of. And at the administrator stage, it exceeded what the customizer wanted.

But, I continued to repeat, like a spell: “Well, nothing... here it will be N - I’ll live!”

The race for the long ruble

After some time, I realized that with this approach, you can spend your whole life chasing an ever-growing N in circles, like a dog in a circle chasing a mechanical rabbit, repeating: “I’ll catch up and I’ll live!” And the moment will never come when it will be possible to say: “That’s it, here it is N, you can live”

While the race is going on, one way or another you have to make some expensive purchases. After all, we want to live in the modern world and enjoy all the benefits of civilization. We want to afford expensive clothes new technology, phones, laptops, cars, dachas, apartments, etc. Everyone has their own limits of dreams, their own scale of material values ​​and their own bar that they want to conquer.

But, sooner or later, we are faced with the fact that in order to conquer the next peak we need to ACCUMULATE. A little or a lot - it doesn’t matter, because we are not used to saving at all. We are used to spending.

According to the All-Russian Center for the Study of Public Opinion (at the beginning of 2014)

Only 30% of the population of our country have savings and this figure has persisted for more than 5 years.

This suggests that the rising standard of living does not in any way encourage people to save.

30% “are going to” start saving in the “near future.”

“Here it is N - I’ll live!”, remember?

As a result, 70% have no savings, half of them “are going to”, and the second half are not even going to save.

Why did this situation arise? It's simple. Nobody taught us “how to save.”

How to save?

First, you need to clearly understand that your N plays not the very first role in the process of accumulating savings. If you don’t understand, re-read the chapter “The Race for the Long Ruble.”

Here, in order not to prevaricate, it is necessary to clarify that if your income level is so low that you only have enough to satisfy minimal human needs, then you really should think about chasing N a couple of laps.

If you are unable to increase your savings because you urgently need to change your 4th iPhone to a 5th one, then feel free to read on.

Golden rules

This section is purely subjective and does not purport to be an expert opinion.

I read many articles containing the golden rules and came up with a list that works for me. There's reason to believe it will work for you too.

Rule one: Set a goal

A very important rule for achieving anything at all. In particular, in financial sector the absence of a goal has an extremely negative impact on the results of all activities.

Doing something aimlessly is a waste of time and energy. Saving money without having any goals and guidelines is a disastrous endeavor.

It’s the same as if a new amateur started going to the gym after work and set himself the goal of winning the world championship. After 2 months, he is offended by the entire sports world and no longer plays sports.

The goal must be achievable. Even easily achievable.

For example, a good starting goal would be “to accumulate an amount equal to one month’s salary.” It’s not bad to have one more salary in the stash, right?

We set a goal, imagined the moment of achieving it - and this is already a big step.

Rule two: “Pay yourself”

If this article is not the first you have read on this topic, then you have probably heard this expression, which I wrote in quotes for a reason. What does it mean?

What does the average person usually do when receiving income (salary, advance payment, bonus, etc.)? He immediately tries to push it somewhere. Buy something expensive, because suddenly there is a lot of money. Then, by inertia, buy something else “to the heap”. But what’s left (a bag of holes from the steering wheels) - so be it, I’ll throw it into savings.

So everything should be different. First, put it into savings! PAY YOURSELF! And only then pay someone who sells you something there that you wanted.

This rule will work if you are not greedy with yourself. It’s enough to calculate how much you spend on living for a couple of months. Transport, groceries, utilities, etc. You will understand that a piece for yourself is actually not so small. So you pay it to yourself with every income. It's simple.

Rule three: Don't waste

As soon as the first goal is achieved, and this will be quite quickly, the dangers that awaited us at the second stage (the desire to get in) will attack us with renewed vigor. Well, of course, because a lot of money has accumulated! And it’s time to go on vacation somewhere new, and change your mobile phone, I’m already tired of this one.

If you allow yourself to be talked into by these chimeras and spend the accumulated funds, you will roll back to the start again. A pernicious doubt will begin to arise in your head that all this is useless and that it does not work, that it is not for you.

Earn, borrow, give birth. But don't waste your savings. It is very important.

Where to keep your savings?

The theory is generally clear. We understand the need to have savings, as well as the theory of their accumulation.

Let's move on to practice.

In the bank or in the bank?

“Keep your money in a savings bank!” The hero of the famous comedy Georges Miloslavsky warned us

I think there is no need to go into detail to explain the stupidity of storing savings in a can of cereal, under the mattress, between towels in the closet, etc.

Inflation for 2013 was about 7%. At the same time, milk, for example, rose in price by 13%. According to Rosstat

What does it mean? This means that while you are diligently saving all year, “something” is eating your money. Like a moth - a fur coat.

Where then should you keep your savings?

This decision seems so obvious that many people don’t even think about any other methods of saving.

But, let's take it in order.

Let's see what banks offer us for deposits in rubles:

This is the data at the time of writing.

Do you know what kind of banks these are? I don't know any. I'm not an expert, I'm a consumer.

It seems to me that these are relatively small banks that are trying to attract customers with high rates on deposits and low rates on loans.

BUT! Even they are ready to give 10.3% at best.

Subtract the inflation rate from this - we get approximately 3%

THREE PERCENT per year!

You probably know that the state currently insures the amount of 700,000 rubles.

This is relevant in our case, because we are considering small banks. The same infamous Master Bank was much more famous. What is the chance that the bank to which we entrust our hard-earned money will not close in a week? Risk. Remember this word, we'll come back to it later.

Maybe you don’t need to chase top interest rates and open a deposit in a large, reliable bank?

Let's see what Sberbank is ready to offer us.

Am I right? Sberbank offers us to give them 2,000,000 rubles for 3 years (THREE YEARS), after which they will give us how much?

7.8% – inflation = 0

Zero. ZERO!

Those. we give the bank 2,000,000 rubles for use for 3 years and out of his generosity he will return them back to us and will not share a penny of what he earns from them.

Well, not as bad as in the case of cereals or a mattress. At least they compensated for inflation. But it’s still somehow offensive... I remembered:

Did Sberbank fail to turn 2 million into 2.2 million? Or just didn't share? We don’t know, we only see facts and figures.

Is it really impossible to manage your funds in such a way as to not only save, but also increase?

Their main advantage over bank deposits is that these methods allow us to increase our funds. And with a certain skill, they can become an additional or even main income.

Their main disadvantage is that they are associated with a certain amount of risk.

An article without this section would not only be of little use, but even downright harmful! It could be classified under the “bad advice” section.

I can't allow this. I wrote so much text.

In every article on this site, whenever possible, where appropriate, I will remind you of the risk.

Therefore, I decided to include a description of the concept of “Risk” in a separate chapter.

So, welcome, Mr. Comrade Risk.

Household investing

Let's get back to our savings.

What associations do you have? ordinary person, far from finance, stock exchange, stocks, etc.? - Huge funds, Wall Street, Gazprom, shareholders - descendants of oligarchs in expensive suits with 3 economic entities. Where can we go in bast shoes behind a steam locomotive...

What is it really?

Investments are investments of capital for the purpose of making a profit. wiki

Investment activity - making investments and carrying out practical actions in order to make a profit (or) achieve another useful effect. wiki

It's simple.

We invested money, got it back with a profit - now we are investors. We'll leave the billions of dollars of investment to those in suits on the locomotives. Let's keep our household investments for ourselves.

Where to invest?

I'll ask you two questions:

Do you have internet?

Do you have a bank card?

So, you probably already understood that for our household investment we will need the Internet and a bank account (card).

There is enough material for a separate article, we won’t completely blow this one out of proportion.

Additional leave is from 3 to 180 days of rest, which can be added to annual leave. In this way, legislators support certain categories of workers.

Some categories of persons are entitled by law to additional leave, the duration of which depends on which category the employee belongs to. It is provided in calendar days. The minimum duration is set by . For example, for irregular working hours - 3 days, and for work with harmful and dangerous working conditions - 7 days.

Federal laws, Government Decrees and other regulatory legal acts, which regulate this or that area professional activity, can be installed and large quantity days. The employer can prescribe a specific number of days, but not less than what is established in the Labor Code of the Russian Federation, in collective and local agreements and internal labor regulations. Let's figure out who is entitled to additional leave and the procedure for providing it.

Here key features additional leave:

• may be paid in full, partially or not at all;
• included in the organization’s vacation schedule;
• the employer may establish additional leave for employees of an enterprise in any line of activity, including for length of service;
• cannot be received in advance for work in harmful or dangerous conditions (Article 121 of the Labor Code of the Russian Federation, Letter of Rostrud dated March 18, 2008 No. 657-6-o).

Who is entitled to additional leave?

The employee has statuses that classify him as a various categories, does not give the right to sum up days of additional leave. As a rule, the option with the longest duration is used.

Additional leave in case of harmful and dangerous working conditions

Article 116 of the Labor Code of the Russian Federation obliges the employer to provide and pay for additional leave when a person works in special conditions: harmful 2, 3, 4 degrees or dangerous. The degree is awarded as a result of the compulsory degree. The employee has the right to receive, and the employer is obliged to provide, leave of a minimum duration of 7 calendar days.

The period may be longer, provided that the basis for provision is the following documents:

• industry agreement or collective agreement (subject to taking into account the special assessment of work - part 3 of article 117 of the Labor Code of the Russian Federation);
• local act of the employer (part 3 of article 219 of the Labor Code of the Russian Federation);
• list of industries with hazardous conditions according to Resolution of the State Labor Committee of October 25, 1974 No. 298/P-22 (Part 1 of Article 4234 of the Labor Code of the Russian Federation).

A provision on granting an employee such leave must be included in the content employment contract(paragraph 7, part 2, article 57 of the Labor Code of the Russian Federation).

Annual additional leave is given to the employee in proportion to the time worked by him under special conditions, this is stated in the Letter of Rostrud dated March 18, 2008 No. 657-6-0. The number of calendar days is rounded in favor of the employee (Letter of the Ministry of Labor of Russia dated October 18, 2016 No. 14-2/B-1045).

Additional leave in conditions of special nature of work

Article 118 of the Labor Code of the Russian Federation allows the employer to provide those employees whose work is of a special nature with paid additional leave (however, the Labor Code does not explain the term “special character”). The Government of the Russian Federation determines the list of categories for which it is possible to obtain leave, as well as the conditions under which it is provided.

To date, such a list has not been established, so separate standards apply. For example, by Decree of the Government of the Russian Federation of December 31, 1994 No. 1440, employees of territorial agencies in Chechnya receive 2 additional days for each full month of work.

Additional leave during irregular working hours

The duration of the vacation is determined by the collective agreement or internal labor regulations. It must last at least 3 days (Part 3 of Article 119 of the Labor Code of the Russian Federation).

An employee is eligible to apply if he:

• works under irregular conditions;
• fills a position that is included in the list of positions with irregular hours (Letter of Rostrud dated May 24, 2012 No. PG/3841-6-1). The list is determined by a collective agreement, agreement, or local act adopted taking into account the opinion of the trade union.

Decree of the Government of the Russian Federation of December 11, 2002 No. 884 determined the rules by which additional leave is provided and paid for irregular work in government agencies. They are given to the employee regardless of how long he works under conditions of irregular work (Letters of Rostrud dated May 24, 2012 No. PG/3841-6-1, Ministry of Labor of Russia dated August 18, 2017 No. 14-2/B-761).

Additional leave when working in the Far North

The employer must provide and pay those who work in the Far North (including part-time workers) additional leave of 24 calendar days (Article 321 of the Labor Code of the Russian Federation). If a resident works in an area that is equated to the Far North, the duration will be 16 calendar days.

Additional leave when working part-time

Part-time employees have the same rights as main employees. If the position belongs to a group for which additional leave is due, it will be granted.

Additional leave for professional illness

The employer must provide and pay additional leave to an employee in case of an accident at work or an occupational disease and the need for treatment because of this. It is given for the entire period of sanatorium-resort treatment and for the duration of travel to his place and back (Article 17 of the Federal Law of July 24, 1998 No. 125-FZ).

Additional leave for medical workers

A number of doctors have the right to receive additional leave. The reasons may be different:

1. The work of a physician in harmful or dangerous conditions when providing psychiatric and anti-tuberculosis care, as well as the diagnosis and treatment of HIV infections (Resolution of the Government of the Russian Federation of June 6, 2013 No. 482).
2. Work of other personnel in harmful or dangerous conditions when providing mental health care. In this case, the duration is 30 working days (Resolution of the Ministry of Labor of the Russian Federation dated July 8, 1993 No. 133).

Additional leave for pensioners

An enterprise may provide and pay additional leave to a pensioner if such a condition is provided for in the collective agreement or local act(Article 116 of the Labor Code of the Russian Federation).

A pensioner has the right to apply for unpaid leave of up to 14 calendar days during the year (Article 128 of the Labor Code of the Russian Federation). To do this, he submits an application to the employer and confirms his right with a pension certificate.

Additional leave for combat veterans

Combat veterans have a benefit according to which the employer must provide and pay for additional leave of 15 days (Article 11 of Federal Law No. 76 of May 27, 1998). It is due to those veterans who serve under a contract or conscription. Upon dismissal from service, the right disappears.

Veterans can receive leave without pay, the duration of which is up to 35 days during the year (Article 16 of Federal Law No. 5 of January 12, 1995). The document - the basis for obtaining - a combat veteran's certificate.

Additional leave for disabled people

An employer may, but is not obligated to, provide and pay additional leave for disabled people. But usually its duration is from 30 calendar days (Article 23 of Law No. 181-FZ), that is, it is extended and does not depend on the disability group.

An employee with a disability may receive leave on grounds other than his or her status. For example, with irregular work, a group 3 disabled person applies for 3 days of vacation (Article 119 of the Labor Code of the Russian Federation).

Another option is to provide, upon application, leave at your own expense for up to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation, Letter of Rostrud dated April 16, 2014 No. PG/3387-6-1).

Is it possible to combine different holidays?

Additional days for vacation are added to the main one, and this is how the total number of days for the employee is obtained. For example, an employee has 28 regular days and 3 days for an irregular working day, which gives a total of 31 calendar days. According to Art. 126 of the Labor Code of the Russian Federation, part of the rest exceeding 28 calendar days can be replaced with monetary compensation. But there are restrictions, they apply to:

• pregnant women;
• persons under the age of 18;
• employees whose work is associated with dangerous and harmful working conditions, except in cases where an industry (inter-industry) agreement, a collective agreement, or a separate concluded agreement to the employment contract establishes that the employee’s part of the rest exceeding the minimum duration can be replaced by monetary compensation.

Is it possible to take it in advance?

Additional paid leave may be provided in advance, i.e. before the end of the working period for which it is provided. And in case of dismissal, the employer can withhold the required amount from wages employee. But the rules on regular and additional leaves, approved by the Resolution of the Council of People's Commissars of the USSR dated 02/02/1930, state that retention is prohibited when an employee is dismissed due to liquidation, reorganization of an institution, suspension of work, reduction in number or staff, business trip educational establishments, transfer to another job at the suggestion of the labor authority, as well as unsuitability for work.

Registration procedure

Additional vacation, like the main one, must be planned in the schedule. When drawing up a schedule, you need to take into account the total number of days.

Vacations are booked according to the same rules as regular ones. The employee writes a statement on the basis of which the employer issues an order. The only difference is that during the year you can rest not 28 days, but more.

Sample application for additional leave

How to create an order

Additional leave is issued by order of the employer. To do this, you can use the unified forms T-6 and T-6a from Resolution of the State Statistics Committee of January 5, 2004 No. 1.

The document must indicate:

• number and date of compilation;
• Personnel Number employee;
• FULL NAME. and position;
• the department in which the person works;
• period labor activity, for which it is due.

In section B of form T-6, write “annual additional paid leave”, indicate the number of days and dates.

If additional permission is taken along with the main one, fill out section “A” of the T-6 form as usual.

Section "B" must include information about the total number of days and dates, regardless of whether Section "A" is completed.

The administrative document is signed by the head. Next, the employee must be familiarized with the paper in writing. If an employee refuses to sign an order, a detailed report must be drawn up indicating the time of the procedure, the address of its implementation, and the telephone number of the contact person (for example, Moscow, Lenin St., 1. 84951234567).

Sample order for additional leave

How is it taken into account in the vacation schedule?

The rules on regular and additional leaves determine that they must be planned and reflected in it. When drawing up a schedule, you need to take into account the total number of days.

How to reflect on a time sheet

If you use form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval unified forms primary accounting documentation for the accounting of labor and its payment", then such an event is displayed in the timesheet with the letter code “OD” or the digital code - 10.

How to reflect on a personal card

In the T-2 personal card, in column 8 and the corresponding line, we indicate that this is an annual additional vacation, and we also enter all other data: period of work, number of days, dates of the issued vacation and details of the order on the basis of which it is provided.

Is it possible to get money instead of a vacation?

Annual leave in that part that exceeds 28 days can be exchanged for compensation in money at the request of the employee. But this is not always possible. Additional paid leave cannot be replaced with compensation in relation to a number of categories of employees (Article 126 of the Labor Code of the Russian Federation):

• pregnant women;
• under 18 years of age;
• working in dangerous, harmful conditions (in this case, if the minimum duration of additional leave established at 7 days is exceeded, the portion exceeding these days can be replaced with financial compensation. This option is permissible on the basis of an industry agreement, a collective agreement and the written consent of the employee).

In other cases, employees have the right to claim a cash equivalent that reimburses vacation days upon application.

Personal income tax on payments

Vacation pay amounts due to an employee in connection with receiving additional vacation constitute income and are subject to personal income tax (NDFL) - Art. 208, 210 Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated September 19, 2016 No. 03-04-05/54642. Moreover, the Ministry of Finance in Letters dated 09/24/2013 No. 03-04-06/39636, dated 05/06/2013 No. 03-04-06/15555, dated 06/19/2009 No. 03-04-06-02/46 explained that cash towards payment of leave to employees with dangerous, harmful labor conditions are subject to personal income tax in the general manner.

There is an exception to this rule. It relates to payment of additional leave for Chernobyl victims. It refers to compensation payments, which means, in accordance with Art. 217 of the Tax Code of the Russian Federation, personal income tax is not subject to personal income tax (Letters of the Ministry of Finance of the Russian Federation dated July 23, 2010 No. 03-04-05/10-413, dated March 2, 2010 No. 03-04-05/8-77, Federal Tax Service of Russia dated August 4, 2008 No. 3- 5-04/357@).

Withholding insurance premiums

Annual additional paid leave is part of the work and rest regime. Therefore, the amounts of payments for additional leaves, which are provided on the basis of Art. 116 of the Labor Code of the Russian Federation, are subject to insurance premiums according to the rules of paragraph 1 of Art. 20.1 of Law 125-FZ.

Inclusion in income tax expenses

Article 252 of the Tax Code of the Russian Federation recognizes as expenses of institutions expenses that are supported by documents and they were incurred for the purpose of conducting activities aimed at generating income. If an expense does not meet this requirement, it is not taken into account for the purpose of taxing the enterprise’s profits (Article 270 of the Tax Code of the Russian Federation).

Article 255 of the Tax Code of the Russian Federation establishes that wage expense is, among other things, expense in the form of average earnings, which is retained by the employee during the vacation period, which is provided for by current legislation. According to Art. 270 of the Tax Code of the Russian Federation, the expenses for taxing the profits of enterprises cannot take into account the costs of paying for additional allowances that are provided under a collective agreement (that is, in excess of those established by the legislator).

If an employee receives additional leave, as determined by the requirements of the legislation of the Russian Federation, expenses for additional leave are subject to accounting for profit tax purposes as part of labor costs (if these expenses comply with the provisions of Article 252 of the Tax Code of the Russian Federation).

Ask questions and we will supplement the article with answers and explanations!

In addition to the usual annual leave entitled to a working person of any specialty, labor legislation Additional days free from work duties are also allowed.

However, such additional leave is not available to all employees, but to a limited list. This list is determined special conditions work that is non-standard or carries some risk to human health.

If the provision of regular paid leave is prerequisite compliance with the employment contract, then obtaining additional rest allows for nuances. Much depends on the specific type of work, mode, length of service and other objective conditions for the need for compensation for non-standard work.

Features of annual additional leave

Additional leave can be of two types: paid and received at the expense of the employee. The second option is common in cases where a person needs time to solve some personal problems that suddenly arise. As for additional leave paid by the employer, there are some features:

1. Extra rest is not for everyone. It is mandatory only in cases provided for by labor legislation.
2. At the discretion of a particular employer, additional paid leave may be provided to employees of any specificity and severity of work.
3. The ability to take additional leave at the expense of the enterprise must be reflected in the relevant local documents of the company (collective agreement and regulations).
4. As a rule, the decision on the need for additional leave is made by trade union bodies.
5. If annual leave You can take it in advance, but an additional one can be taken only after 11 or more months. If an employee wishes to receive two leaves at the same time (combine them), then he must obtain the consent of his immediate supervisor.

Regarding the procedure for providing documentation and payment calculations, then in these matters the additional leave does not differ from the usual one. An employee has the right to receive a certain number of days off from work or to refuse them. If the employee did not want to take additional rest, the company is obliged to pay compensation for preferential leave in cash equivalent, based on the average salary of the employee.

Note: financial compensation for unused additional leave is prohibited in cases related to harmful or dangerous production (for example, working with chemical poisons).

Who provides additional holidays?

Unpaid additional leave is provided directly by the employer, based on an application from the employee. Paid additional leave is considered in the following order:

• if working conditions are harmful and dangerous to health, the need for rest and the number of days thereof is determined by special commission, which conducts annual assessment working conditions. The results and conclusions are recorded in local regulatory documents, on the basis of which orders are issued to provide additional leave by the enterprise.
• If we're talking about about the categories of people included in the list of persons to whom organizations are obliged to provide additional leave, the manager signs an application submitted in his name;
• if the enterprise has a trade union, it is directly involved in the provision of additional vacations paid by the employer.

The conditions for receiving overtime rest days are prescribed in local documents: labor and collective agreements, regulations, internal regulations.

Categories of employees applying for additional leave

The Labor Code provides a list of categories of workers who can take additional paid leave:

1. Employees with difficult working conditions. We are talking about metallurgists, miners and workers in complex physical labor. This category also includes people involved in hazardous work (working with poisons or X-ray machines, at heights or in unusual climatic conditions), as well as those who have irregular working hours or daily shifts.
2. Certain social professions, by their specificity, involving a high mental or emotional load. These are civil servants, health workers, as well as people involved in municipal services (police officers, firefighters, ambulance drivers, orphanage workers, etc.).
3. Socially protected persons. We are talking, first of all, and, as well as about parents with many children or guardians of children taken.

Benefits in the form of additional leave are also available to participants in combat operations or liquidators of emergency situations.

What affects the duration of additional leave?

If additional leave is provided to employees of hazardous work, then the duration of rest depends on the number of months and days spent at work under difficult conditions.

If an employee is periodically transferred to another position or to a workshop with normal working conditions, this time is not included in the calculation of preferential leave. Harmful work experience is not considered for those periods when the employee was sick or studying.

The so-called length of service also matters for workers in social spheres or government agencies.

The total duration of additional leave has restrictions specified in labor legislation:

• employees who work with copying equipment or computers can only claim 2-4 days of additional rest;
• irregular working hours or a complex schedule fixed in the collective agreement makes it possible to extend vacation up to 7 days;
• A maximum of 35 days will be awarded for working conditions that pose a threat to health.

Additional leave is calculated in working days. Its duration does not include official calendar holidays.

Responsibility for failure to provide additional leave

The employer is directly responsible for observing the labor rights of its employees. If he refuses to provide additional leave provided for by law or internal regulatory documents, individual may claim compensation in court.

In this case, the company will be fined. Even forced suspension of activities (up to three months) or disqualification (up to three years) is possible. legal entity, which violated the laws of the labor code and did not provide the employee with additional leave.

Annual additional paid leaveprovided to employees employed in certain areas, as well as those working in special regimes, in the form of compensation for unfavorable or difficult working conditions. In this article we will talk about which employees current legislature guarantees such a vacation.

Legislation on annual additional paid leave

The employer has the right, and in some cases the obligation, to provide its employees with additional annual paid leave.

We will talk in detail about which categories of employees can count on additional days of vacation a little later. But let’s talk about the employer’s right to provide additional rest right now.

Part 2 art. 116 of the Labor Code of the Russian Federation states that the employer is given the right, at its own discretion, to provide its employees with annual additional paid leave. The provision for additional rest must be reflected in the collective agreement or other local regulations. It should also be said that if the company has a trade union body, it must also be involved in deciding the issue of introducing additional annual paid leave at the enterprise.

Additional vacation days may be granted by decision of the employer (we are talking about cases where they are not mandatory) to all categories of employees, regardless of their positions or duties.

Payment of annual additional paid leave is made in the same manner as regular regular leave, that is, based on the average level of the employee’s salary. In addition, if you are not going to take additional vacation, you can write an application for compensation for unused vacation days.

Additional paid leave may be provided:

• in kind (in the form of non-working days);
• in the form of compensation (payment of a sum of money).

Who is entitled to additional annual paid leave?

Russian legislation establishes a list of positions (specialties) that give the right to annual additional paid leave. We are talking about the following categories of workers:

1. Employees whose work duties involve a risk to life, as well as increased psychophysical stress: military personnel, astronauts, investigators, prosecutors, judges, employees of internal affairs bodies, air traffic controllers, employees of bodies responsible for control over the trafficking of narcotics and psychotropic drugs, employees customs services, as well as rescuers.
2. Construction workers: provided that they are engaged in the construction and major repairs of underground structures, including mines.
3. Persons engaged in mining operations, including shale, coal, salt, ore and non-metallic minerals, as well as workers involved in their transportation; nuclear energy specialists.
4. Citizens employed in the metallurgical industry.
5. Electricity industry workers.
6. Civil and municipal employees.
7. In the field of sports and healthcare: healthcare workers, coaches, professional athletes, as well as donors.
8. Civilian population: persons exposed to radiation contamination; citizens working in the Far North and areas equivalent to it; employees whose working hours are irregular, and whose working conditions are classified as harmful and dangerous (subject to the presence of a conclusion from an organization providing services for special assessment working conditions).

On additional days to vacation for employees with harmful and dangerous working conditions, irregular working hours

Despite the extensive list, in practice, most often those citizens whose working conditions are harmful and dangerous or are associated with irregular working hours can count on additional paid leave. Let us dwell on these categories of workers in more detail.

• If we talk about employees whose working day is irregular, then their right to additional rest should be reflected in the company’s local regulations. In most cases - in a collective agreement or internal labor regulations. This condition is also stipulated in the employment contract concluded with an employee who can be involved in work beyond the established hours. In situations of this kind, he is entitled to additional leave of at least 3 calendar days (which meets the requirements of Article 119 of the Labor Code of the Russian Federation).

It is important to emphasize here that the employer is given the right by law to set the minimum duration of additional rest, while the actual number of days is determined taking into account the nuances labor responsibilities assigned to the employee.

• If we talk about workers employed in harmful or dangerous industries(that is, their activities involve dangerous factor: physical, biological, chemical or other), then they will be provided with additional rest based on a special assessment of working conditions. Let us say right away that all these persons are prohibited from replacing additional days of rest with monetary compensation.

You can count on additional rest, which is provided for work in dangerous and harmful conditions, only after 11 months. If the employee goes on another vacation earlier specified period, then the additional days are proportionally adjusted to the hours worked.

It must be taken into account that additional vacations are combined with regular vacations, and when the next vacation is taken in advance for this year, then additional leave in full can be provided only by agreement with management.

If we are talking about employees employed in hazardous and hazardous industries, who can count on additional vacations for several reasons, then they can use only 1 option for providing additional days of rest.

It is also important to say that in cases where an employee carries out activities in Russian regions, in which we mean climatic features an increased basic paid leave is established, additional days of rest are added to the main vacation, regardless of its duration.

For which categories of employees additional leave cannot be replaced by monetary compensation?

There are categories of persons, in addition to those employed in jobs with harmful and dangerous working conditions, for whom additional leave cannot be replaced by monetary compensation. These include:

• exposed to radiation contamination during the liquidation of the Chernobyl disaster;
• pregnant women;
• citizens under 18 years of age;
• customs officials.

Legislation in force in the field certain activities, an increased duration of additional vacations can be established separately. Examples of this include the forestry industry, sports and tourism.

According to the mentioned list of professions, the total number of days of additional rest should be calculated in working days, and the Labor Code of the Russian Federation proposes to calculate the next vacation in calendar days. How to calculate an employee's total vacation time? Full vacation days are counted according to this scheme: their total number will be equal to the sum of the duration of the main vacation (counted in calendar days) and additional (working days with a 6-day working week), the date on which the vacation starts falls is also taken into account.

Important! When calculating the total number of vacation days, we must not forget that non-working and non-working days are not included in its duration. holidays.

Compensation for additional leave

As mentioned above, employees who are entitled to additional vacations have the right to take them in “kind” form, or replace real vacations with compensation in cash equivalent (except for the cases already mentioned earlier). To receive compensation, it is enough to write an application addressed to the head of the enterprise.

It should be noted that receiving monetary compensation is possible until the next (main) paid leave is granted.

The duration of the next vacation, according to labor law, should not be less than 28 calendar days, regardless of the availability of rights to additional paid vacations.

Sample applications for additional leave and compensation

So, as already mentioned, in order to receive additional days of rest or compensation for them, it is enough to submit an application addressed to the manager. His sample looks like this:

Don't know your rights?

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

Annual main paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open-pit mines and quarries, in zones of radioactive contamination, and in other work associated with the adverse effects on human health of harmful physical, chemical, biological and other factors.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision are established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from local budget - local government bodies.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

Article 121. Calculation of length of service giving the right to annual paid leave

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The length of service that gives the right to annual basic paid leave includes:

actual work time;

the time when the employee did not actually work, but was protected by him in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreements, agreements, local regulations, employment contracts preserved the place of work (position), including the time of annual paid leave, non-working holidays, weekends and other rest days provided to the employee;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not completed the mandatory medical checkup(examination) through no fault of one’s own;

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

The length of service that gives the right to annual basic paid leave does not include:

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of maternity leave until the child reaches established by law age;

the paragraph is no longer valid. - Federal Law of July 22, 2008 N 157-FZ.

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.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of his continuous operation at this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

in other cases provided for by federal laws.

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 by a given employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 123. Sequence of granting annual paid leave

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:

(as amended by Federal Law No. 90-FZ of June 30, 2006)

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

in other cases provided for by labor legislation and local regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Article 125. Division of annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal).

Article 127. Exercise of the right to leave upon dismissal of an employee

By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that before Convention No. 132 comes into force International organization Labor “On Paid Leaves” continues to apply the provisions of this article that upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the assigned Labor Code In the Russian Federation, the obligation to formalize the dismissal and settlement with the dismissed employee must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131 -O-O).

Upon written application of the employee, unused vacations may be provided to him with subsequent dismissal(except in cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. 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 way of transfer.

Article 128. Leave without pay

For family reasons and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War- up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

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