Procedure for granting leave to temporary workers. Leave for temporary and seasonal workers. Temporary worker - how to hire and fire, rights and obligations, leave and contract extension

In accordance with current legislation, a worker who has worked at the enterprise for less than 6 months, he has the right, on an equal basis with other employees, to receive all due payments upon dismissal. This also applies to compensation for unused vacation days. To determine the amount of payments due, the HR department needs to prepare the following information:

• Total experience labor activity the dismissed employee at this enterprise.
• The presence or absence in the current time period of time that is subject to exclusion from the work experience, which does not give the right to annual vacation days. It is determined in calendar days.
• Determination of days excluded from the total length of service, but giving the right to days of annual leave.
• Calculation of the total number of days of rest that the employee is entitled to in the current reporting period and has not been used by him at the moment. If employees have used vacation days in excess of those actually earned, their payment will be deducted from the calculated funds.

In Part 1 and Part 2 of Art. 121 of the Labor Code of the Russian Federation establishes the procedure and rules for calculating the length of service of a person giving the right to annual leave. According to this norm, not only the time actually worked is taken into account, but also periods when the employee was absent from the enterprise, but his position was retained. This applies to vacation days, holidays and weekends, time of forced downtime and absenteeism, as well as the time when he was on vacation. at will without repayment. In the latter case, the current legislation sets a limit on the duration of such rest - no more than 14 days during one working year.

The total amount of vacation compensation for temporary employees upon dismissal will be determined based on the number of unused rest days. According to the established procedure, for each month worked, the employee is accrued 2.33 days of vacation. In this case, the “working year” is not determined by a calendar date. According to Article 14 of the Labor Code of the Russian Federation, the countdown begins from the day of employment at the enterprise.

In addition, it must be taken into account that, unlike the calendar year, the end date of the working year may vary. This depends on the presence or absence in the current reporting period of time not included in the vacation period. According to Part 2 of Article 121 of the Labor Code of the Russian Federation, the working year is extended by the number of such days.

Procedure for calculating compensation for vacation pay upon termination labor relations with an employee is enshrined in Rules No. 169 of April 30, 1930. About regular and additional vacations. In paragraphs 28, 29, 35 of this document it is noted that an employee working at an enterprise for 11 months has the right to receive compensation for vacation in the full annual amount. In this case, the amount of cash payments will be equal to the corresponding payment for rest days of a given duration.

In other cases, compensation is calculated in accordance with general procedure, when for each working month the employee has 2.33 days of vacation. In this case, the period not fully worked is rounded up if the worker worked more than half of the required time.

The exception in this case is temporary workers who have entered into an employment relationship for a period of less than 2 months. A different coefficient is set for them. According to Art. 291 of the Labor Code of the Russian Federation - for each month of work, such employees have 2 days of vacation. This period also applies to seasonal workers whose contract period does not exceed 6 months.

General procedure for calculating compensation

In the process of terminating an employment relationship, special attention is paid to the correctness of the final settlement. The procedure for implementing this procedure is enshrined in labor legislation and is used in all cases, regardless of the specifics of the situation. The total payment amount includes:

1. Wages for the last reporting period;
2. Compensation for unused vacation pay (collection of overpaid funds for days not worked recreation);
3. Additional payments.
4. If there are unpaid certificates of incapacity for work, the due amounts are transferred no later than 10 days after termination of the employment relationship.

Calculation of compensation for leave of a temporary employee upon dismissal is carried out in the same way as for permanent employees. Each day of vacation is paid based on the employee’s average earnings. Its size depends on the salary or tariff rate established for this position. In addition, during vacation, the employee retains all additional payments due to him. total amount is calculated based on the worker’s average earnings for the last reporting period.

The procedure for calculating compensation is enshrined in Article 139 of the Labor Code of the Russian Federation and Regulation No. 213 of April 11, 2003. According to them, when determining the average daily earnings, the last 3 months of the employee’s work are taken into account. In accordance with the Regulations, payment for vacations and compensation for them is determined by the formula: amount of earnings for the reporting quarter/3/average monthly number of calendar days equal to 29.6 days.

Applicable to temporary workers who have entered into an employment relationship for a period of 2 months or less, the number of days of compensation is not calculated based on the standards established by the enterprise, but is always equal to 2 days of rest per month worked.

After completing the necessary calculations, the total amount of the final settlement is determined. It is handed to the dismissed employee after an order has been issued for the enterprise and the employee has become familiar with it. Also on the last working day he is given all Required documents, including a properly executed work book.

Features of calculating compensation in practice

In practice, the process of calculating compensation for vacation days often does not cause any particular difficulties. Let's look at the example of temporary workers who entered into employment contract for 2 months. As noted above, such employees are accrued 2 vacation days, regardless of those accepted at the enterprise.

In accordance with current legislation, when calculating the amount of payment for annual rest time, a 6-day working week is taken into account. Thus, if an employee worked all the allotted time, then according to the calendar there are 42 working days for 2 months. Based on this, the amount of compensation for this period will be: salary/42 days x 4 vacation pay.

If the calculation is made in the general manner, then the duration of vacation established for a given position for a fully worked working year is taken into account. In general, it is 28 days. Therefore, when dismissing an employee who does not belong to special categories, the calculation will be made in the general manner.

It is also necessary to pay attention to the rules for rounding work hours. If an employee worked less than 14 days in the current working month, then it is rounded down, if 15 or more, then it is rounded up. Thus, it turns out that if an employee quits after 7 months and 8 days, then when calculating vacation pay, the number of rest days will be calculated for 7 full months. If this period is 7 months and 16 days, then the calculation is made for 8 working months.

• Am I (a temporary worker) entitled to leave when the main employee leaves?
• Vacation for a fixed-term employment contract
• Compensation for unused vacation for temporary workers: complex cases
• Compensation for leave upon dismissal: frequently asked questions
• Is a temporary employee entitled to vacation?
• Is a temporary worker entitled to maternity leave?

Am I (a temporary worker) entitled to leave when the main employee leaves? Important The autumn-winter period is characterized by an increase in the number of colds.

Vacation after 6 months of work according to the labor code

• Is a temporary worker entitled to leave?
• How many days of vacation are due in one month of work? Examples of calculations
  • If an employee is hired temporarily, during the vacation of the main employee, and he works for only one month, upon dismissal he is entitled to accrue compensation for vacation of 2, 33 days, or in this case no compensation is accrued

• Vacation and social benefits

• The procedure for granting leave to temporary and seasonal workers

• Legal Aid Center We provide free legal assistance to the population
• How many days of vacation are you entitled to after 6 months of work?

Is a temporary worker entitled to leave? Thank you Is a temporary worker entitled to leave According to Art.

Am I entitled to vacation if I work temporarily?

Additional leave for temporary and seasonal workers When determining the duration of leave for temporary and seasonal workers, it must be remembered that the main leave in working days is provided based on a six-day working week. That is, Sundays are not included in the number of vacation days and are not paid.

120 Labor Code of the Russian Federation. Compensation for leave upon dismissal: frequently asked questions What compensation and cash payments are due in this case? no special payments: payment for time worked and compensation for unused vacation (if any). #25 IP/Host: 78.157.224.

Are temporary workers entitled to vacation?

Labor Code of the Russian Federation paid or corresponding financial compensation are provided to temporary workers at the rate of two working days for each month of work. Is the employee entitled to leave? fixed-term contract: Is an employee entitled to leave under a fixed-term contract? I agree with Alexandra.

For an employee who has entered into a fixed-term employment contract, in accordance with the general procedure. How many days of vacation are due in one month of work? Examples of calculations An employee also has the right to ask to be given some part of the unused vacation at a time that is not provided for in the schedule.

If the management agrees, they will release the employee; he has such rights. Duration of annual paid Part 1 Art. 115 of the Labor Code of the Russian Federation gives each employee the right to take annual paid leave of 28 calendar days.

How much vacation is a temporary worker entitled to per month?

Attention At a certain stage, they needed a pipe fitter, who was not on staff, and there was no particular need for such a permanent position either. They hired him for 2 months under a contract for a period of time to perform a specific job (clause 3, clause 1, article 29 of the Labor Code of the Republic of Kazakhstan).

The second month is coming to an end, the contract will be terminated on time, and here we are thinking: 1. Is such an employee entitled to vacation (if he requests it before dismissal)? 2. Is such an employee entitled to compensation for unused vacation, according to the period worked? 3.

Which regulation describes this? Thank you in advance! Z.Y.: It is written everywhere that both vacation and compensation are due, but there are no links.

Is a temporary worker entitled to leave?

Is a temporary worker entitled to leave? Payment for the services of experts, specialists and intermediaries is made by the inviting party, unless otherwise provided by the collective bargaining agreement. Employee representatives participating in collective negotiations during the period of their conduct cannot be without the prior consent of the body that authorized them to represent , subjected disciplinary action, transferred to another job or dismissed at the initiative of the employer, with the exception of cases of termination of the employment contract for committing an offense for which, in accordance with this Code, other federal laws, dismissal from work is provided.” #12 IP/Host: 178.47.243. Re: Working in the place of the main employee who went on maternity leave Hello. I was hired to take the place of the main employee and went on maternity leave myself.

Now the main employee is about to quit.

Additional leave for temporary and seasonal workers

Previously, the number of working days in months not fully worked when provided in working days was calculated by multiplying working days according to the five-day calendar working week per hour worked by a factor of 1.2. The procedure for granting leave to temporary and seasonal workers I would especially like to draw attention to temporary and seasonal workers.

Are they entitled to an annual salary and the possibility of using it in kind? The legislator gives a positive answer to both of these questions (Articles 291 and 295 of the Labor Code). The procedure for providing temporary and seasonal workers with annual pay is almost identical: at the rate of 2 working days for each month of work for both categories of workers.

Is it possible to go on vacation earlier than 6 months after employment?

Attention

In addition to personal negotiations, an employee can file an appeal to the judicial authorities, but only if it is not possible to personally resolve the issue. In addition, you can file an application with the court if vacation has not been assigned for two years.

Important

Content

• After how long does an employee have the right to receive vacation?
• How long can you take a vacation?
• Is it possible to go on vacation earlier?
• Does an employer have the right to refuse to provide leave in advance?
• Employer risks when providing leave in advance
• List of persons who are entitled to leave in advance in any situation

Labor activity brings not only a monthly salary, but also annual paid leave. To receive it, you need to work for the company for six months, but the employer does not have the right to refuse to provide vacation in advance to some employees.

Is a temporary worker entitled to leave after 6 months?

It follows that the rest period after 6 months of work is 14 days. But the duration of the vacation may also depend on the decision of the employer; he can extend vacation days and provide them in advance.

Vacation days in advance are provided to a woman at a certain stage of pregnancy without fail. The number of days is set during negotiations between the employee and the head of the organization.
In this case, you need to take into account the fact that the employee can leave his position before the end of the working year, and his vacation has already been used. In this situation, the employer has the legal opportunity to withhold the amount that was accrued for the unworked rest period. The amount should not exceed 20% of payments wages, that is, it is not always possible to compensate for the loss in full.
If an employee decides to quit while on vacation, the company will withhold from the salary the amount paid for the vacation on the basis of Art. 137 Labor Code of the Russian Federation. If there is nothing to withhold from, or the employee refuses to pay “unearned vacation pay,” the employer will only have to file a lawsuit. List of persons who are entitled to leave in advance in any situation. Earlier than after six months of work, the following categories of employees have the right to receive leave upon request: Vacation and dismissal There are situations when an employee, having not worked the required 6 months, takes leave in advance (in agreement with management ) and decides to quit.

Download a sample application How to correctly calculate vacation after six months of work? To correctly calculate vacation pay, you need to take into account billing period. If an employee worked for 6 months, the payroll period should be exactly six months.

Next is taken average level employee's salary for one day of work. This amount depends on the billing period. To calculate this value, you need to sum up your monthly earnings for the entire period and divide by the days worked.

In case of incomplete work, the number of months must be multiplied by 29.3. The resulting average earnings must be multiplied by the number of vacation days.

The final figure is the amount of payments that are provided to this employee. It is important to remember that the calculation of the average salary does not include sick leave, vacation, business trips, various bonuses and compensation.

Citizens performing their professional duties at any enterprise have the right to receive annual paid leave under employment and fixed-term employment contracts. Failure to fulfill the employer's obligations to provide employees with leave under a fixed-term employment contract violates the current provisions of Art. 291 Labor Code of the Russian Federation.

Often, fixed-term employment contracts are concluded in the following cases:

• replacing a temporarily absent employee, for example, during maternity leave or long-term sick leave;
• the need to perform seasonal work, in particular, when improving the territory of the municipality, repairing roads, etc.;
• liquidation of emergency situations or accidents in which the involvement of full-time employees is an insufficient measure;
• need to introduce any elective position And so on.

A fixed-term employment contract can be replaced with an open-ended one if the employee and employer are interested in further cooperation.

An employment contract with an employee of an organization is recognized as fixed-term under the following circumstances:

1. The duration of the agreement between the employee and the employer is more than five years.
2. For some reason, the contract does not specify the duration of the employee’s work.
3. The contract was extended, i.e. extended.
4. The agreement was concluded without taking into account the provisions of Art. 59 Labor Code of the Russian Federation.

The procedure for calculating vacation pay when concluding a fixed-term employment contract differs slightly from the standard formula used by employers with permanent employees, but in any case, a citizen has the right to rest.

Vacation according to TC

The duration of leave when concluding a fixed-term employment contract is determined by Art. Art. 291.293, 295 of the Labor Code of the Russian Federation, as well as Letter of the Ministry of Labor dated January 1, 2002 No. 625-ВВ.

Vacation according to the Labor Code of the Russian Federation is calculated as follows:

1. In the case of concluding a temporary employment contract for a period of up to six months to perform seasonal work, vacation pay is calculated according to the principle of 2 working days of vacation for 1 month of work. When calculating in this way, weekends and holidays are not taken or paid on vacation days.
2. To perform work for a period of more than two months, not related to the time of year, the calculation is based on the principle of 2.33 days of rest for each month of work, i.e. By established by law The minimum rest time for a year of work is 28 calendar days.

Every working citizen has the right to rest, however, in the case of a temporary contract, the employer can provide leave with subsequent dismissal upon expiration of the agreement. Most often, this method of dismissal is practiced after an employee has been hired for seasonal work. If the employee has been hired for more than several years, then he can apply for leave after six months of work.

Is vacation allowed on a fixed-term contract?

A fixed-term, like an open-ended employment contract, must establish the employee’s right to rest, since other provisions are established in violation of current legislation. The right to leave does not depend on the duration of the agreement between the employee and the employer, therefore both rest time and funds for it are supposed to be provided.

Types of vacations

When concluding a fixed-term employment contract, a future employee of the organization must independently familiarize himself with all the provisions. Particular attention should be paid to the rules for granting leave and the amount of compensation for it. Depending on the type of leave, the rules for its provision and payment may vary significantly.

Annual

Annual paid leave is provided to all employees of the organization with whom an employment contract has been concluded on a fixed-term or indefinite basis. The only exception to the rules for providing rest is the conclusion of a civil contract, in which the guarantees of the Labor Code of the Russian Federation do not apply to the employee. By general rule Every working citizen must have 28 days of rest annually, which are certainly paid.

For employees on a fixed-term basis, whose duties do not exceed two months, leave is calculated on the basis of 2 working days for each month worked. The same principle applies to calculations in case of employment for any season.

Annual leave for conscripts, if their work time is more than two months and is not seasonal, is calculated according to the general rule for compiling leave.

Additional

The labor legislation of the Russian Federation does not regulate the provision of additional leave to temporary workers, which means that this type of leave is provided for common basis based on the actual time of work.

The general grounds for providing time for rest are regulated by Ch. 19 of the Labor Code of the Russian Federation, the rules and features of the provision of additional leaves are regulated by articles 116-119 of the Labor Code of the Russian Federation, while their duration is calculated in calendar days and is not limited to any established limit. The legislation establishes the minimum amount of additional rest for an employee, depending on the rights to provide it.

In the case of additional leave, employees working in the Far North are given 24 days of rest for the previous year of work. This means that when performing duties under a fixed-term employment contract, such employees additional leave will be provided at the rate of 2 calendar days per month of work. The calculation occurs in a similar way under other circumstances, i.e. the total additional vacation time is divided by the number of months in a year and multiplied by the number of months that the employee worked in the organization.

Maternity leave

Providing maternity leave employees with whom fixed-term employment contracts have been concluded are regulated by Art. 261 Labor Code of the Russian Federation.

Providing maternity leave to employees working on a fixed-term basis follows the general rule, with the exception of the following features:

1. If the contract expires during the employee’s pregnancy, the employer, if there are grounds confirming the pregnancy, is obliged to extend the contract until the birth or until the expiration of maternity leave.
2. When extending the agreement before childbirth, the woman is obliged to provide the employer with a certificate of pregnancy, but not more often than once every three months.
3. In the case of carrying out labor activities under a fixed-term contract after childbirth, the employer may terminate the employment contract based on the expiration of its validity.

Termination of labor relations with a pregnant woman is not allowed, even if a fixed-term employment contract is concluded for a certain period, with the exception of cases of liquidation of the organization.

Training

Art. 59 of the Labor Code of the Russian Federation establishes the possibility of implementing labor responsibilities full-time and part-time students of secondary specialized and higher educational institutions. The legislator specifies that students can be hired for a seasonal period or at any other time and for any period.

The rights of student workers are regulated by Art. 59 of the Labor Code of the Russian Federation, however, if the training period is completed, the rights of these employees are regulated by the general rules and guarantees established labor legislation. Student employment is carried out on a temporary basis, usually until he graduates. educational institution, due to the need to comply with labor laws.

At the same time, the right to rest for such workers is regulated by the general rules for granting leave to conscripts, while the possibility of taking out study leave during the period of validity of a fixed-term employment contract completely depends on the employer or the collective agreement, if there is one at the enterprise.

The obligation to provide study leave to an employee working on a fixed-term basis is not legally established, therefore such provisions must be prescribed individually or discussed with the employer during employment.

Vacation under a certain type of contract

Vacation is a mandatory attribute of labor relations; it is regulated by labor legislation and is provided to each employee of the organization with whom it is concluded.

Within the framework of the Labor Code of the Russian Federation, vacation is a continuous rest for an employee from performing his duties. professional responsibilities for a certain time established by labor legislation or an agreement between an employee of the enterprise and the employer.

Vacation can be divided into several types, each of which is regulated independently and is provided depending on the current situation:

• annual basic, provided once a year to an employee of an enterprise for a period of at least 28 days;
• additional, which is provided depending on working conditions and is also paid by the employer;
• unpaid leave provided at the request of the employee in connection with any circumstances, in particular, the occurrence of any family difficulties, etc.;
• targeted leave provided by the employer at the request of the employee for a certain period due to certain purposes, for example, educational or maternity leave.

Any employed citizen has the right to leave, regardless of the duration of the employment contract. Cancellation of leave, as well as calling an employee out of it or replacing it with a compensation payment, is possible only if the employee of the organization himself expresses such a desire. At the same time, an employee of an organization cannot rest less than the minimum established by law.

In accordance with Art. 122 of the Labor Code of the Russian Federation, the right to leave for an employee arises after the expiration of a six-month period of work at a specific enterprise, however, taking into account a fixed-term employment contract, the right to rest can arise both according to general rules and after the expiration of the agreement.

Vacation pay

In accordance with Art. 123 of the Labor Code of the Russian Federation, employees of the organization authorized by the employer draw up a vacation schedule, which must be approved no less than two weeks before the start of the new year.

The trade union body, if it is approved at the enterprise, or the employer personally, in the absence of authorized units in the organization, participates in the formation of the schedule. This document reflects all necessary information about the duration and features of vacations, which must be familiarized to each employee of the enterprise.

When establishing labor relations under a fixed-term agreement for a short period of time, the employer usually provides rest at the end of its validity, paying the employee the required payments. Vacation pay must be paid at least three days before the start of the vacation, and if these three days fall on a weekend, then before the start of the weekend.

Calculation examples

The calculation of rest time and vacation pay may differ depending on the duration of the employment contract, so to better understand the intricacies of their purpose, you need to familiarize yourself with various situations.

Situation 1

Ivanova I.I. got a job in an organization for the improvement of urban areas during the spring-summer period for a period of 4 months, according to a schedule of 6 days of work and 1 day of rest. In May she worked 28 days, in June - 27 days, in July - 26 days, in August - 28 days. Her salary was 28,345 rubles per month, taking into account the deduction of income tax.

Upon expiration of the agreement, she should receive:

2 days of rest ×4 months of work = 8 working days of rest

Due to the peculiarity of assigning leave for seasonal work, such employees are given rest time in working days, and not in calendar days.

To calculate the amount of vacation pay, you must take into account the following data:

Total period of working days for the entire duration of the agreement:

28+27+26+28=109 working days for the entire period

Total salary received:

28,345 ×4 months=113,380

Average daily earnings:

(Total salary)/(Total number of working days)=(113,380)/109≈1040 rubles per day

To calculate vacation pay, the following formula is used:

Average daily earnings ×number of rest days=1040 ×8=8 320

After the expiration of the fixed-term employment contract, Ivanova I.I. will receive 8 working days of rest and 8,320 rubles as vacation pay.

Situation 2

With Lapshina M.A. A fixed-term employment contract was concluded for a period of two years. Her salary is 53,210 rubles per month. She takes regular annual leave, which according to the law is 28 calendar days.

To calculate vacation pay, you will need the following information:

The employee's annual earnings were:

53,210 rubles × 12 months = 638,520 rubles

Average daily earnings:

(638,520 rub.)/(12 months) ÷29.3≈1816 rubles per day

29.3 is the average number of days in a month, which is established by labor legislation.

The amount of vacation pay in this case will be:

Average daily earnings ×number of rest days=1816×28=50,848 rub.

Lapshina M.A. will receive 50,848 rubles as vacation pay and 28 calendar days of rest from performing work duties.

Situation 3

Between Berdnikov A.V. and the Tsvet organization concluded a fixed-term employment contract to perform welding work in Norilsk. The contract period was 8 months from February 1, 2016. The employee's salary was 121,254 rubles per month.

Since the duration of the employment contract is more than two months, and they are not related to seasonal work, the calculation of the amount of vacation and vacation pay will occur according to standard formulas.

To determine vacation pay, you will need the following data:

Total salary for the billing period:

121,254 rubles per month × 8 months of validity of the agreement = 970,032 rubles.

Duration of labor relations in days, where 29.3 is the average monthly number of days:

29.3 ×number of months of work = 29.3 × 8 months = 234.4 days

Average daily earnings:

(Total salary)/(Average contract duration in days) = 970,032/234.4 = 4,138.4 rubles per day

Since Berdnikov worked for less than a year, the duration of his vacation will be:

(28 cal days)/(12 months)×8 months of work=18.7

Additional paid leave provided to workers in the Far North under Art. 321 of the Labor Code of the Russian Federation, is 24 calendar days.

Based on this, the following calculation can be made:

(24 cal days)/(12 months)×8 months of work=16 days of additional rest

Berdnikov will receive vacation pay for his annual main vacation:

19 (rounded) days ×4,138.4=78,629.6 rubles

Vacation pay for additional leave will be:

16 days of additional rest ×4,138.4=66,214.4 rubles

The total amount of vacation pay will be:

78,629.6+66,214.4=144,844 rub.

Labor legislation does not prohibit combining several vacations into one period or dividing them into several parts, however, in the case of a temporary employment contract, it is recommended to either go on vacation immediately before its end or receive compensation. In any case, vacation pay will be paid.

Compensation for days off work upon dismissal

Compensation payments upon dismissal can be received by all employees of the organization, regardless of the duration of the contract, therefore such provisions also apply to conscripts. Calculation procedure compensation payments is identical to the calculation of the amount of vacation pay and amounts to a similar amount.

The conclusion of a fixed-term employment contract obliges the employer to comply with the established rules for providing leave for employees of the organization. The employer's unwillingness to comply with regulations labor law- a good reason to contact Labor inspection to verify the legality of his actions.

Online cash register: who can take the time to buy a cash register Individual business representatives may not use online cash register until 07/01/2019. However, for the application of this deferment there are a number of conditions (tax regime, type of activity, presence/absence of employees). So who has the right to work without a cash register until the middle next year? < … Сверьте зарплаты работников с новым МРОТ С 01.05.2018 размер федерального МРОТ составит 11 163 рубля, что на 1 674 рубля больше, чем сейчас. А это значит, что работодатели, оплачивающие труд своих работников по минималке, должны с 1 мая поднять им зарплаты. < … Главная → Бухгалтерские консультации → Отпуска Актуально на: 25 января 2018 г. Когда положен отпуск на new job? As a general rule, an employee has the right to request leave after 6 months of work under the Labor Code (Article 122 of the Labor Code of the Russian Federation).

Am I entitled to vacation if I work temporarily?

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 Russian Federation. Article 119. Annual additional paid leave for employees with irregular working hours Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by the collective agreement or internal rules labor regulations and which cannot be less than three calendar days. (edited)

Are temporary workers entitled to vacation?

Naturally, employers try to avoid such privileges, since the risk that the employee will not return after receiving payment in advance is very high. To protect the employer, the law provides for the possibility of collecting debt from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage incurred.

The procedure for registration and payment in 2018 The official local document of the organization regulating the procedure for employees going on vacation is the vacation schedule. It helps ensure the efficient operation of the enterprise and prevents missed legal holidays. After all, the responsibility for monitoring the use of vacation days by staff rests with employers.

The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation).

First vacation after getting a job

It is important to know! An exceptional case for calculating the duration of the first vacation period is additional leave, which is provided when working with hazardous or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation). Article 137. Limitation of deductions from wages Article 138.
Limiting the amount of deductions from wages To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year.

Article 123. Sequence of granting annual paid leave What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in this situation.

Labor Code - Chapter 19. Leave

Federal Law dated 30.06.2006 N 90-FZ) 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 of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006) Article 118. Annual additional paid leave for the special nature of the work Certain categories of employees whose work is related to the specific characteristics of the work are granted annual additional paid leave.

Chapter 19. vacations

Zhukov Yuri from issue 224 of December 17, 2002. Published 01:01 December 17, 2002 My wife and I worked temporarily in a pioneer camp. When calculating, we were not given vacation pay; they said: come back later. They came a month later, but the accountant said that vacation pay was not due.
What does the law say? S. YATSENKO, Surovikino, Volgograd region. The accountant proceeded from the provisions of the decree of the Presidium of the Supreme Soviet of the USSR dated September 24, 1974, which had already lost force on February 1, 2002, where it was determined that temporary workers do not enjoy the right to leave or to replace it with monetary compensation. And the new Labor Code of the Russian Federation (LC) does not know the concept of “temporary worker”, but in Article 291 of the Labor Code it is established: that employees who have entered into an employment contract for a period of up to 2 months are provided with paid leave or are paid compensation upon dismissal at the rate of two working days per month of work.

Salary for April: do not make a mistake in the date of personal income tax transfer due to the May holidays. This year, the first “portion” of the May holidays will last 4 days (from April 29 to May 2 inclusive). If your company's payday is the 1st or 2nd, you will have to pay the April salary early - on April 28th. On the same day, personal income tax must be withheld.< …

Attention

It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees. This means transferring a copy of such a report to one employee means disclosing the personal data of other employees.

To receive compensation, you must submit an application. The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance.

It is prohibited to postpone payment to the next working day. For violation of these rules, the employer bears administrative liability. Article 136.

Important

Federal Law of June 30, 2006 N 90-FZ) temporary disability of an 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, local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006) If the employee was not paid on time 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 written application the employee is obliged to transfer the annual paid leave to another period agreed with the employee.

The employer is obliged to control this. By law, if the reporting period ends, he must send on vacation an employee who has not yet gone on vacation. Employers are responsible for unused vacations. The employee, in turn, can refuse leave and ask for its replacement with monetary compensation.

This issue is resolved by agreement of the parties to the labor relationship. The subordinate has the opportunity to use this right only once every two years. It is prohibited to refuse the main vacation for two, three or more years in a row.
Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days the vacationer needs. Payment is made after notifying the employee and before the first day of vacation. The enterprise issues an order containing information about the number of vacation days provided and their dates. The vacationer must familiarize himself with it and sign it. If it is not possible for the employee to familiarize himself with the order in person, a special notification is sent to him. The amount of vacation payments is calculated by the accounting department based on average earnings for Last year work. The calculation may use the previous three working months. Earnings include not only the basic salary, but also all bonus payments, remunerations, and allowances.

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