The holiday season is coming in Russia. Where to go on vacation without risking your health? Holiday season
Already, employees are slowly starting to plan their vacations. And soon a busy time will begin for the personnel officer, when he will need to send workers on vacation and draw up the necessary documents for this - notifications, orders. You may have to make changes to your vacation schedule. What about employees who have recently gotten a job - are they entitled to vacation in the summer or not? We will talk about the intricacies of granting annual leave in this article.
General norms of the Labor Code of the Russian Federation on annual paid leave
The Labor Code regulates in sufficient detail the types of rest and the procedure for providing them to the employee. In particular, these include breaks during the working day, daily (between shifts) rest, weekends, non-working holidays and vacations (Article 107).
Article 114 of the Labor Code of the Russian Federation guarantees the employee the provision of annual leave with preservation of his place of work (position) and average earnings. And Article 115 establishes the minimum duration of such vacations - 28 calendar days.
However, the Code provides that the provision of annual paid leave may be regulated by other federal laws, which we will name later.
Duration of annual paid leave
Let us repeat: this leave is provided to employees for a duration of 28 calendar days. But for some categories of employees, the Labor Code and other regulations have increased the duration of annual leave. For clarity, we present a table.
| Category of workers | Number of vacation days | Normative act |
| Minors | 30 | Article 267 of the Labor Code of the Russian Federation |
| Teachers | 42-56 | Article 334 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of October 1, 2002 N 724 |
| Workers working with chemical weapons | 49-56 | Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens engaged in work with chemical weapons” |
| Disabled people | 30 | Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in the Russian Federation” |
| Emergency responders | 30-40 | Federal Law of August 22, 1995 N 151-FZ “On emergency rescue services and the status of rescuers” |
| Older workers (women over 55 years old, men over 60 years old) living in inpatient social service institutions | 30 | Federal Law of 02.08.1995 N 122-FZ “On social services for elderly citizens and disabled people” |
But for employees who have entered into fixed-term employment contracts for a period of less than two months, paid leave is provided at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation). The duration of annual leave is calculated similarly for employees who have entered into seasonal employment contracts (Article 295 of the Labor Code of the Russian Federation).
In 2010, there was a lot of hype about Russia’s ratification of Convention No. 132 “On Paid Leave.” The media vigorously discussed the provisions of this regulatory act and prophesied changes to the Labor Code, believing that the norms of the current labor legislation do not correspond in some issues to the norms of the international act. In particular, the question arose about the inadequacy of the duration of annual leave, because according to Convention No. 132, the minimum duration is three working weeks.
Note.The list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave, was approved by Resolution of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22.
In addition, annual additional paid leave is provided to athletes and coaches. The duration of such leave for them is determined by collective agreements, local regulations, employment contracts, but cannot be less than four calendar days (Article 348.10 of the Labor Code of the Russian Federation).
Please note that employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees. 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.
The duration of annual main and additional paid vacations is calculated in calendar days and is not limited to a maximum limit (Article 120 of the Labor Code of the Russian Federation). In this case, to calculate the total duration of annual leave, it is necessary to sum the number of days of annual main leave with the number of days of annual additional leave.
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. For example, an employee goes on vacation on June 6 for 14 calendar days. He is due to return to work after his vacation on June 20. But during the vacation period there was a non-working holiday - June 12 (Constitution Day of the Russian Federation). Therefore, you need to go to work on June 21.
Dividing vacation into parts
By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Typically, the condition for the possible division of vacation is prescribed in the employment contract. But even if such a condition is included in the employment contract, this does not mean that the employee cannot count on the entire vacation. It’s just that if dividing the vacation into parts is inconvenient for the employer, he can refuse the employee, because Art. 125 speaks of division precisely by agreement of the parties to the labor relationship.
An employer sometimes faces a question: is it possible to provide employees with the second half of vacation for two or three days? We answer. Since Art. 125 of the Labor Code of the Russian Federation limits the duration of only one part of the vacation; the remaining part can be used either in its entirety or in several parts. That is, if the employee and employer have reached agreement on the duration of part of the vacation (for example, three calendar days), vacation should be granted exclusively for the duration on which mutual agreement has been reached.
Sometimes employees write an application for five calendar days, excluding weekends, and the employer automatically adds them to those declared. Such an action by the employer is considered a violation of the agreement and is unlawful.
To avoid an employee increasing his vacation in this way, it is enough in the internal labor regulations to provide for the possibility of dividing the vacation only into certain parts, for example, into three - 14, 7 and 7. Note that changes made to the rules must be approved by order of the head of the company and brought to the attention of employees.
The issue of dividing vacation into parts was especially discussed in the media and on the Internet. In connection with the provisions of Convention No. 132, which obliges the employee to take the rest of the vacation no later than 18 months after the end of the year for which the vacation is granted, the media believed that this part could simply “burn out.” This is wrong.
Calculation of length of service giving the right to annual paid leave
Based on Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes the time:
- actual work;
- when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of his annual paid vacations, non-working holidays, weekends and other rest days provided to the employee;
— forced absenteeism due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
— removal from work of a person who has not passed a mandatory medical examination (examination) through no fault of his own;
— unpaid leave provided at the employee’s request, not exceeding 14 calendar days during the working year.
For example, an employee has been working since 06/02/2010. He went on business trips a couple of times, each lasting two weeks. Since, by virtue of Art. 167 of the Labor Code of the Russian Federation, during a business trip, an employee is guaranteed to retain his place of work (position) and average earnings; their time will be included in the length of service for granting leave.
Let's give another example. The employee has been working since 06/02/2010. In December 2010, he took leave without pay for 20 days. Since the length of service required to provide annual leave includes only 14 days, the remaining 6 days will not be included in the length of service. Therefore, leave will be granted for the period from 06/02/2010 to 06/07/2011.
For your information.The work experience in harmful and (or) dangerous working conditions, which gives the right to additional paid leave, includes only the time actually worked in such conditions (Article 121 of the Labor Code of the Russian Federation).
The length of service that gives the right to annual basic paid leave does not include the following periods:
— the employee’s absence from work without good reason, including due to his removal from work in cases provided for in Art. 76 of the Labor Code of the Russian Federation (for example, absenteeism, suspension of an employee who appeared at the workplace in a state of alcoholic intoxication or did not undergo a mandatory medical examination in the prescribed manner);
— parental leave until the child reaches the legal age.
Procedure for granting annual paid leave
Article 122 of the Labor Code of the Russian Federation establishes that paid leave must be provided to the employee annually. In this case, the right to use vacation for the first year of work arises after six months of continuous work with a given employer. However, by agreement of the parties, paid leave can be provided before the expiration of six months.
An employer cannot refuse to provide paid leave before the end of six months of continuous work if such leave is requested:
- women before or immediately after maternity leave;
— minor workers;
- employees who adopted a child (children) under the age of three months;
- husband while his wife is on maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation).
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 the employer.
| Personnel category | Rule of law |
| Citizens who received a total (cumulative) effective radiation dose exceeding 25 cSv (rem) | Clause 15 of Art. 2 of the Federal Law of January 10, 2002 N 2-FZ “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site” |
| Military spouses | Clause 11 art. 11 Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel” |
| Heroes of Socialist Labor and full holders of the Order of Labor Glory | Article 6 of the Federal Law of 01/09/1997 N 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory” |
| Invalids of war | Clause 17 art. 14 of the Federal Law of January 12, 1995 N 5-FZ “On Veterans” (hereinafter referred to as the Law on Veterans) |
| WWII participants | Clause 13 of Art. 15 Veterans Law |
| Combat veterans | Clause 11 art. 16 of the Veterans Law |
| Military personnel who served in military units, institutions that were not part of the active army, during the period from 06/22/1941 to 09/03/1945 for at least six months, military personnel awarded orders or medals of the USSR for service during the specified period | Clause 9 of Art. 17 Veterans Law |
| Persons awarded the badge “Resident of besieged Leningrad” | Subclause 9, clause 1, art. 18 of the Veterans Law |
| Persons who worked during the Second World War at air defense facilities, the construction of defensive structures, naval bases, airfields within the rear boundaries of active fronts, operational zones of active fleets, and on front-line sections of railways and highways | Subclause 10, clause 1, art. 19 of the Veterans Law |
| Honorary Donors | Article 11 of the Law of the Russian Federation of 06/09/1993 N 5142-1 “On the donation of blood and its components” |
| Heroes and full holders of the Order of Glory | Clause 3 of Art. 8 of the Law of the Russian Federation of January 15, 1993 N 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory” |
| Citizens who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant, and disabled people as a result of this disaster | Clause 5 of Art. 14 Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” |
| Citizens who in 1986-1987 took part in the work to eliminate the consequences of the Chernobyl disaster within the exclusion zone or were employed during this period in work related to the evacuation of the population, material assets, farm animals, and in operation or other work at the Chernobyl nuclear power plant | Article 13 of the Law of the Russian Federation N 1244-1 |
Other categories of personnel can take leave in accordance with the order of provision determined by the vacation schedule. Let us remind you that this document is 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.
Note!The vacation schedule is mandatory for both the employee and the employer.
The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins. Since the legislator has not determined how to do this, the employer has the right to determine the method of notifying the employee. For example, it is possible to draw up an individual notice for each employee, which indicates from what date and for how long in accordance with the schedule the employee goes on vacation. The person receiving such notice must sign that he has been notified of the start of the vacation. Naturally, such a notice must be issued on the organization’s letterhead. Another option is to issue a leave order in the T-6 form at least two weeks before it begins, with mandatory familiarization with the employee against signature.
Many personnel officers still require you to write an application for leave. However, such applications are currently not required for the provision of leave in accordance with the priority. Writing an application is only necessary in the following cases:
- transferring vacation to another date:
— clarification of the start date of the vacation, if only a month of rest is recorded in the vacation schedule;
- if the employee has not worked for six months.
Extension or transfer of annual paid leave
The employer must extend or postpone annual paid leave to another date in the following cases:
— the employee performs state duties during paid leave, if labor legislation provides for this to be exempt from work;
The time for which the vacation is postponed is determined by the employer, taking into account the wishes of the employee.
In addition, the employer is obliged to postpone the vacation if payment for it was not made on time or the employee was notified about the start time of this vacation later than two weeks before its start. Such a transfer is carried out only at the request of the employee, on the basis of which an order is issued to transfer the leave. There is no unified form for this document, and according to the instructions for the use of unified forms of primary accounting documentation in Resolution No. 1, the transfer of leave is carried out on the basis of a document drawn up in any form.
Let us note that it is prohibited to fail to provide annual paid leave to employees under the age of 18 and to employees engaged in work with harmful and (or) dangerous working conditions (Article 124 of the Labor Code of the Russian Federation).
But the transfer of leave can be carried out at the initiative of the employer if the provision of leave to the employee in the current working year will adversely affect the normal course of work of the organization or individual entrepreneur. Then the leave must be used no later than 12 months after the end of the working year for which it was granted. For such a transfer an order must be issued.
If the circumstances for postponing the rest period arose after the issuance of the vacation order and agreement was reached between the parties to the labor relationship on the issue of the postponement time, then this order must be canceled - by an order in any form.
Replacing annual paid leave with cash compensation
By virtue of Art. 126 of the Labor Code of the Russian Federation, part of the annual paid leave exceeding 28 calendar days, upon a written application from the employee, can be replaced by monetary compensation.
When summing up annual paid leave or transferring such leave to the next working year, monetary compensation may replace the part of each annual paid leave exceeding 28 calendar days, or any number of days from this part. For example, if an employee is entitled to 28 days of annual basic leave and 3 days of additional paid leave, then he can replace only 3 days of additional leave with monetary compensation and only if he is not in the category of pregnant women or minors.
And if he works in jobs with harmful and (or) dangerous working conditions, then even additional paid leave for such working conditions cannot be replaced by monetary compensation.
An employee can receive monetary compensation for annual paid vacations only upon dismissal, and for all vacations not taken. That is, if for some reason an employee has accumulated a sufficiently large number of vacation days for previous periods, upon dismissal, the employer is obliged to pay compensation for them in full.
The number of days for which compensation is due is determined on the basis of 2.33 days of vacation per month. When calculating vacation days for which you need to pay compensation, remember that it is not the calendar year (from January 1 to December 31) that is taken, but the working year. The working year will be different for each employee: this is 12 months from the date of hire. For example, if he started work on 04/11/2011, the working year for which paid leave is provided is from 04/11/2011 to 04/10/2012.
Note.It is not allowed to replace the annual basic paid leave with monetary compensation for pregnant employees and employees under the age of 18.
The employee has been working in the organization since 02/10/2005. The annual paid leave included:
— 2006 — 15 calendar days;
- 2007 - 14;
- 2008 - 21;
— 2010 — 28.
On April 11, 2011, he plans to resign. How many days of unused vacation is he entitled to compensation for?
During the period of work:
- from 02/10/2005 to 02/09/2006 - he is entitled to 28 days;
- from 02/10/2006 to 02/09/2007 - 28 days;
- from 02/10/2007 to 02/09/2008 - 28 days;
- from 02/10/2007 to 02/09/2009 - 28 days;
- from 02/10/2009 to 02/09/2010 - 28 days;
- from 02/10/2010 to 02/09/2011 - 28 days.
In total, for the entire period of work in the organization, the employee had to take 168 days of annual paid leave, and took 78 days off. Accordingly, he is entitled to monetary compensation for 90 days. (168 - 78). But since February 2011, the employee worked for two more months, so he is additionally entitled to compensation for 4.66 days. (2 months x 2.33). Therefore, upon dismissal, the employee will receive compensation for 94.66 days of unused vacation.
You may ask what to do with the numbers after the decimal point. Unfortunately, the legislator has not regulated this issue, that is, rounding is not provided for and remains at the discretion of the employer. If he decides to round off these numbers (must be recorded in the accounting policy or regulations on remuneration), then it is made not according to the rules of mathematics, but in favor of the employee. Such recommendations were given by the Ministry of Health and Social Development in Letter dated December 7, 2005 N 4334-17.
For your information.Compensation is not due to citizens performing work in an organization under civil contracts (provision of services or contracting, etc.), and employees who have worked for less than half a month.
Do not think that if an employee has not worked for six months and quits, he does not need to be paid compensation. Clause 35 of the Rules on Regular and Additional Leaves establishes that when calculating length of service for payment of compensation for unused leave, the number of days of work that are less than half a month is excluded from the calculation of length of service giving the right to compensation. This means that if an employee has worked for more than half a month, then he is entitled to compensation.
Compensation is paid not only for the main unused annual leave, but also for paid additional one. To calculate its size, you must follow Art. 139 of the Labor Code of the Russian Federation and the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.
In order for the accounting department to accrue compensation for unused vacation, the personnel officer must draw up the front side of the calculation note in Form T-61.
And if an employee took a vacation, but did not work the period for which it was provided, what should he do? For such cases, Art. 137 of the Labor Code of the Russian Federation provides for the right of the employer to withhold overpaid vacation pay from the employee’s salary. Please note that this article contains exceptions. Withholding is not made in relation to employees resigning due to:
- clause 8 of Art. 77 of the Labor Code of the Russian Federation - refusal of an employee to transfer to another job, necessary for him in accordance with a medical report;
- clause 1 art. 81 of the Labor Code of the Russian Federation - liquidation of an organization or termination of activities by an individual entrepreneur;
- clause 2 of Art. 81 - reduction in the number or staff of employees of an organization, individual entrepreneur;
- clause 4 of Art. 81 - change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
- clause 1 art. 83 of the Labor Code of the Russian Federation - calling up an employee for military service or sending him to an alternative civilian service that replaces it;
- clause 2 of Art. 83 - reinstatement at work of a person who previously performed this work, by decision of the state labor inspectorate or court;
- clause 5 of Art. 83 - recognition of the employee as completely incapable of working in accordance with a medical report;
- clause 6 of Art. 83 - death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;
- clause 7 of Art. 83 - the occurrence of emergency circumstances that impede the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic, etc.).
Vacation followed by dismissal
Part 2 Art. 127 of the Labor Code of the Russian Federation allows an employee, instead of receiving compensation, to take all unused vacations before dismissal. This is possible only upon a written application from the employee.
Remember that granting leave followed by dismissal is a right, not an obligation of the employer. If the employer refuses to provide such leave, he will pay compensation in accordance with Part 1 of Art. 127.
It is worth noting the peculiarity of going on vacation with subsequent dismissal: the date of termination of the employment relationship is the last day of vacation, and not the last working day before going on it. All settlements with the employee must be made before going on vacation, since after its expiration the parties will no longer be bound by obligations. The same should be done with the work book and other documents related to work that the employer is obliged to provide to the employee - they must be issued before going on vacation, that is, on the last day of work (Letter of Rostrud dated December 24, 2007 N 5277-6-1) .
Moreover, with such leave the rule of Art. 124 of the Labor Code of the Russian Federation on the extension of the vacation period due to temporary disability that arose during this period. That is, the vacation is not extended, but the employer is obliged to pay temporary disability benefits during the illness.
Note.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.
Extension or transfer of vacation to another period
Article 124 of the Labor Code of the Russian Federation establishes that annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee in the following cases:
— 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;
— in other cases provided for by labor legislation and local regulations.
If any of these cases occurs, the employee is obliged to immediately notify the employer, who will extend the vacation by the appropriate number of days (clause 18 of the Rules on regular and additional vacations). For example, during annual leave an employee fell ill and received sick leave. Due to the onset of illness, he must inform the employer (by telephone, fax, telegraph, mail, SMS message, etc.) of his intention to extend or postpone vacation.
If the employee decides to extend the vacation, it is extended by the number of days of sick leave. There is no need to issue an additional order. Simply, when extending vacation, the time sheet records the days of temporary disability (letter code “B”, digital code “19”) and the days for which the vacation is extended (letter code “OT”, digital code “09”).
Let us note that the postponement of vacation can occur at the request of the employee or at the initiative of the employer, so to speak, due to production necessity. In the latter case, the employer, upon a written application from the employee, is obliged to postpone the annual leave to another date agreed with the employee. This happens when:
— untimely payment of vacation;
— violation of the employee’s warning period about the start time of vacation;
- when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization.
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave 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.
To postpone the vacation, you must issue an order and adjust the new date in the vacation schedule. Resolution No. 1 contains the following recommendations: when the vacation period is postponed to another time, with the consent of the employee and the head of the structural unit, appropriate changes are made to the vacation schedule with the permission of the person who approved the schedule or the person authorized by him to do so. The transfer of vacation is carried out in the manner established by the legislation of the Russian Federation, on the basis of a document drawn up in any form.
When postponing vacation (at the initiative of either the employee or the employer), the employee’s consent is required. If he is satisfied with this, he must write an application for such a transfer.
If an order to grant leave has already been issued, and later the parties to the labor relationship came to an agreement to change the dates for the start of leave, then this order is canceled - by an order in any form on the organization’s letterhead.
Note.The employer is obliged to notify the employee of the vacation no later than two weeks before it begins.
Review from vacation
The Labor Code provides for the possibility of recalling an employee from annual paid leave. Moreover, this can only be done with the consent of the employee. The part of the vacation not used 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.
But not all employees can be recalled from vacation in case of production necessity. Article 125 of the Labor Code of the Russian Federation establishes that recall from vacation is not allowed:
— minors;
— pregnant women;
— employed in work with harmful and (or) dangerous working conditions.
Even if employees of the mentioned categories agree to the recall, hiring them to work during the vacation period is illegal.
Note!Considering that the law provides for the employer’s right to early recall an employee from leave to work only with his consent, the employee’s refusal (regardless of the reason) to comply with the employer’s order to go to work before the end of the leave cannot be considered a violation of labor discipline (clause 37 of the Resolution of the Plenum of the Supreme Court RF dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
To recall an employee, you need to complete a number of documents. If there are reasons for recall, the immediate supervisor draws up a memo about the need for the employee to return from vacation, and on its basis an order is issued in free form. Since the legislator has not established a procedure for agreeing on a recall with the employee, we recommend that you do this orally, and when he starts work, familiarize him with the order for recall from vacation, in which he must indicate that he agrees.
What to do with vacation pay paid to an employee? Unfortunately, neither labor legislation nor the Tax Code contain instructions on this matter, leaving the issue of vacation pay to the employer. You will still have to recalculate your vacation pay, but whether to return it or not depends on the employer. In practice, most employers do not require a refund of vacation pay, but simply provide the remainder of the vacation at a time convenient for the employee.
A little about the vacation schedule
Let us remind you that in accordance with Art. 123 of the Labor Code of the Russian Federation, the order of granting paid vacations is determined annually in accordance with the vacation schedule. The form of such a schedule is unified by Resolution No. 1 - T-7. The schedule must be 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 prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations.
When drawing up a schedule, the employer, on the one hand, must take into account the wishes of employees regarding vacation time. On the other hand, it is necessary to ensure the continuous operation of the organization. Therefore, vacations should be evenly distributed throughout the year.
If, after approval of the schedule, a new employee was hired by the company, he must be included in the vacation schedule for the current or next calendar year. To do this, an addition to the unified form is drawn up.
When filling out the schedule, HR officers should remember that the job titles of employees must be indicated in accordance with the staffing schedule. If the vacation is planned to be divided into parts, it is better to indicate the dates of both the beginning and end of the vacation.
Columns 7-9 are filled in in case of any deviations. In column 7, the date of the actual start of the vacation is noted, and columns 8 and 9 are filled in if the vacation is transferred to another period (indicating its expected date). In this case, the document on the basis of which the vacation is transferred is indicated (an employee’s application, an order from the manager, if the vacation is postponed due to production needs, etc.).
Column 10 indicates the basis for recall from leave or its extension.
There are two options to familiarize employees with the schedule:
— supplement the form with the column “Acquainted (date, signature)” (this allows you to do the procedure for using unified forms of primary accounting documentation, approved by Resolution of the State Statistics Committee of the Russian Federation dated March 24, 1999 N 20);
— draw up a familiarization sheet for the schedule, in which each employee will indicate the date of familiarization.
Let us remind you that the absence of an approved vacation schedule will cause complaints from inspectors from the labor inspectorate, who may, by virtue of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation impose a fine on the organization of 30,000 rubles. up to 50,000 rub. or completely suspend activities for up to 90 days. Therefore, we recommend not to neglect the responsibility for maintaining this document.
Note.Since the vacation schedule is a local regulatory act, all employees of the organization must be familiarized with the approved schedule.
Vacation pay
In accordance with the requirements of Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start. Sometimes in a company, due to a difficult financial situation, the employer asks the employee to write a statement that the latter does not object to the payment of vacation pay after the vacation. However, even if the employee writes such a statement, payment of vacation pay within the specified period will be a violation of labor legislation, which means that administrative liability may be brought.
Moreover, in addition to administrative fines Art. 236 of the Labor Code of the Russian Federation provides for the financial liability of the employer for violating the terms of settlement with the employee: if this happens, the employer is obliged to pay vacation pay with the payment of interest (monetary compensation) in an amount not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time for amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective or labor agreement. The obligation to pay the specified compensation arises regardless of the employer’s fault. This is confirmed by examples from judicial practice. Here's one of them.
On 06/05/2009, the Presidium of the Primorsky Regional Court considered, by way of supervision, the case of F.’s claim against the Vladivostok branch of the NOU HPE “St. Petersburg Humanitarian University of Trade Unions” (hereinafter referred to as NOU) for the recovery of compensation for unused vacation and overtime pay based on F.’s supervisory complaint against decision of the magistrate of judicial district No. 1 of the Leninsky district of Vladivostok dated 03/05/2008 and the appeal decision of the Leninsky district court of Vladivostok dated 01/12/2009.
The court found that F. worked at the Vladivostok branch of the NOU, including as a methodologist in the educational department, from December 13, 1995. On August 24, 2006, she was fired due to staff reduction. During the specified period of work, she was granted annual leave in fewer days than provided for by Decree of the Government of the Russian Federation of September 13, 1994 N 1052 “On leaves of absence for employees of educational institutions and teaching staff of other institutions, enterprises and organizations.” In total, during the period of work she was not granted leave in the amount of 112 calendar days. Compensation for unused vacation upon dismissal is also not paid.
F. asked the court to recover compensation in her favor for unused vacation and interest for the delay in payment of the specified amounts.
The courts of the first and appellate instances, when resolving F.'s demands for recovery of compensation for unused vacation, correctly rejected the arguments of the defendant's representative, pointing out that in accordance with the Decree of the Government of the Russian Federation of October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions” institutions”, the plaintiff had the right to an annual basic extended paid leave of 56 calendar days.
From the case materials it follows that the plaintiff was annually granted leave of at least 28 calendar days. At the same time, the employer’s obligation to provide the employee with leave for the duration established by law remained.
Upon dismissal, the employee is paid monetary compensation for all unused vacations (Article 127 of the Labor Code of the Russian Federation).
Refusing to satisfy the demands for compensation for unused vacation, the court proceeded from the fact that the plaintiff missed the provisions provided for in Art. 392 of the Labor Code of the Russian Federation, a three-month period to apply to court for protection of the violated right, since F. was timely familiarized with the orders to grant her leave and did not appeal them within the period established by law. The plaintiff did not apply to replace part of the vacation with monetary compensation.
Based on the analysis of these norms, during the period of validity of the employment contract, the employer has no obligation to pay the employee monetary compensation for unused vacation without a corresponding application, however, the obligation to provide vacation of the duration established by law remains. The employer is obligated to pay compensation for unused vacation only upon dismissal of an employee. Thus, the period for applying to court for protection of a violated right begins from the day of dismissal. Since F. filed a claim in court on August 28, 2006, the deadline for filing a claim has not been missed.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payments due to the employee, the employer is obliged to pay them with interest (monetary compensation). Therefore, the Presidium of the Primorsky Regional Court believes that compensation for unused vacation in the amount of 112 days and interest for the delay in payment of compensation are subject to recovery from non-state educational institutions.
In Russia, compulsory vacation is 28 calendar days (that is, 20 working days), and another 14 days a year are declared holidays. It turns out that, in addition to weekends, the average resident of Russia rests for 34 days (and those who have irregular working hours have the right to additional vacation - from three days). How many holidays do you spend abroad? Let's talk!
Austria
This length of vacation can be counted on with a five-day working week; with a six-day vacation it lasts 30 days. And after 25 years of work in one place, it increases by another five.Greece
Finland
The length of vacation for an ordinary employee in Finland depends on the length of service. According to the law, if he works for less than one year, he earns two days of vacation for each month. After a year, the rate increases to two and a half days. Spain
You will not be able to receive monetary compensation instead of a vacation. In Spain this is prohibited by labor law. It also prohibits transferring vacations to the next year. If you didn’t want to rest on time, that’s your problem. Days not taken off are burned out. Great Britain
France
When calculating vacation in France, it takes into account how many hours an employee works per week. Workers who choose a 39-hour workweek instead of the standard 35-hour workweek are entitled to two additional weeks of vacation. Lithuania
On July 1, 2017, a new Labor Code came into force in the country. Now one part of the vacation must be at least ten working days. The remaining ten can be taken as you wish - at least one day at a time. Moreover, 20 working days is the minimum duration of vacation for those who work five days a week. Those who work six days a week have more vacation - 24 working days. For residents of Lithuania, who have extensive experience behind them, the changes will only benefit them. Now, after ten years of continuous service, an employee has an additional three working days of vacation instead of three calendar days. And for every five subsequent years - one more working day. Denmark
For each month worked, the employee is entitled to 2.08 days of vacation. In total, 25 working days accumulate in a year. Of these, five can be taken not entirely, but divided one day at a time. For example, not working on Mondays for five weeks in a row. Japan
Despite the fact that the law sets a minimum duration of vacation, workaholic Japanese rarely adhere to it. Resting is considered bad manners. Most often, the Japanese vacation lasts five to six days. And the locals make up for their lack of sleep throughout the year. The only reason that can force the Japanese to rest is a national holiday. Italy
In August, there is complete calm in the life of Italians. The first holidaymakers flock to the beaches in the first days of the month, and on August 15, when the national holiday of Ferragosto is celebrated, the official holiday period begins. At this time, cities literally die out. Even the factories are not working! And on the doors of shops and restaurants there is often a sign: “Closed for the duration of the holidays.” Australia
The duration of vacation in Australia is the same as in Russia. But there are fewer holidays. Moreover, each state has its own holidays, even national ones are often celebrated on different days. Argentina
Argentina occupies a leading position in terms of the number of holidays. Moreover, if a holiday falls on a weekend, it is transferred to the next working day. Perhaps, as a sign of compensation for the large number of holidays, the country decided to make the vacation short. However, it lasts ten working days only if the length of service in one place is less than five years. After this period, the vacation increases to 15 days, after 10 years - to 20 days, and after 20 - to 25. Germany
Netherlands
Residents of the Netherlands prepare in advance not for holidays, but for funerals: every year in this country one day is set aside as a day off for the funeral of members of the royal family. If no one died, it is added to the vacation. By the way, King's Day (or Queen's Day, depending on who is on the throne at the moment) is the only holiday that is postponed if it falls on a weekend. South Korea
Israel
From January 1, 2017, the minimum duration of vacation increased from 10 to 12 days. This is the first increase since 1951. 12 days of vacation will now be received by employees who have worked for the company on a five-day working week for less than five years. With a six-day working week and less than five years of work experience, the vacation duration will be 16 days. After working in the company for five years, an employee can expect that every year his vacation will increase by one or two days. Singapore
China
India
Republic Day, Independence Day and Mahatma Gandhi's Birthday have the status of public holidays. The rest are regional. Therefore, the total number of holidays varies by state. Mexico
The length of leave depends greatly on length of service. Newbies are out of luck. They are only allowed six days to rest. After four years of work at one enterprise, the duration of vacation increases by two weeks; after five years of experience, two more days are added for every five subsequent years. USA
The US is one of the few countries that treats vacation as a privilege, thanks to the Fair Labor Standards Act of 1938. It regulates the maximum number of working hours per week, overtime work, and the minimum wage, but does not mention a word about paid leave. Therefore, Americans are not legally entitled to leave. The decision on its duration and payment is made by the employers themselves. But even those Americans whose companies offer paid leave find it difficult to take it. The principle of work culture is such that people are afraid to rest, as they may be labeled as quitters. Attempts to change the situation have been made for several years, but so far they have failed. There are a little more than two months left until the onset of summer. Now is the time to think about planning a vacation, especially since there is still a chance to buy cheap air tickets and book an inexpensive hotel. Do not forget about the discounts provided by tour operators in case of early booking of tours, thanks to them you can save up to 50%.
AiF.ru tells you how to plan your vacation correctly and how not to overpay for hotels and air tickets.
Step 1. Select a country
Where you travel will determine how successful your vacation will be. Therefore, first of all, you need to decide which country you will go to on vacation. This issue should be approached with the utmost seriousness - carefully study the political situation in the chosen state, find out whether anti-government protests are taking place there, find out what the weather will be like during the proposed vacation.
Think about what you will do while traveling - read information about the country’s attractions, plan in advance the excursions you want to attend. This will help determine how many days to travel.
Step 2. Choose a way to organize your vacation
Once you have decided on the place where you will spend your vacation, you need to decide how the trip will be organized - on your own or with the help of a travel agency. Here it should be borne in mind that buying a tour package in some cases is more profitable than booking hotels and air tickets on your own. The fact is that on popular destinations (for example, to Turkey), tour operators “wholesale” buy seats on the plane and therefore can sell them to their clients at a big discount. In addition to air bonuses, travel agencies have discounts in many hotels they work with.
Step 3. Save on booking tickets
If you decide to use the services of travel companies, all you have to do is collect documents for a visa (if required) and pay for the trip. If you want to organize your vacation yourself, start by booking your flight tickets. Firstly, the earlier the purchase is made, the cheaper the flight will be, and, secondly, if you first pay for the hotel, and only then start looking for plane tickets, there is a risk that there will be no cheap (or any!) tickets available. In this case, you will have to cancel your hotel reservation and lose money.
There are several tricks to avoid overpaying for air travel. Remember that round-trip tickets with one airline are always cheaper than one-way tickets. Sometimes it is more profitable to buy a round-trip ticket, even if you do not plan to return. You can also choose as your destination not the capital of the country in which you are planning to spend your vacation, but a regional airport, a ticket to which can be half the price than to the capital.
When booking an air ticket, you need to know that the most expensive departure days are Fridays, weekends, pre-holidays and public holidays. Try to plan your trip so that your departure dates fall on weekdays.
Another way to save on air tickets is to fly with transfers. If you have enough time for an indirect flight or you are flying on vacation with a group, feel free to buy a ticket with a transfer. Most airports provide comfortable waiting conditions for flights, and time will fly by in the company of friends. An air ticket with a transfer can be half the price of a direct flight.
Do not forget about the existence of low-cost airlines offering tickets at low prices. Having chosen such a carrier, you need to know that it has the right to charge you an additional fee for luggage or food.
Step 4. Choose a hotel
Just like buying plane tickets on your own, booking a hotel on your own in most cases is cheaper than if you used the services of a travel agency. The most convenient way to choose a hotel is to use special websites where all hotels are collected with detailed descriptions and reviews from tourists (booking.com, agoda.com, hotels.com). On these portals you can filter hotels by number of stars, cost and location. It is best to choose a hotel located in the city center or near the beach. Otherwise, you will have to travel a long time to get to the beach or spend money on transport. You can pay for a hotel room with a bank card , however, not all credit cards work with hotel websites. The most commonly accepted cards are VISA and Mastercard. If you doubt the reliability of Internet services, it is best to get a separate credit card to pay for online purchases.
Don't worry if you are required to pay in advance to book a hotel room, which will not be refunded if you cancel your trip. When booking early, prepayment will significantly save your budget.
Step 5. Obtaining visas
Many countries require a visa to travel to. It is best to take care of this issue in advance, since during the peak season there are long queues at embassies or visa centers, and there is a risk that the issuance and receipt of a visa may be delayed.
Two thousand Russians from different social groups told where they were going to go in the summer. It turned out that 70% of respondents are trying to break out of everyday life, but only half of them have clear plans. For example, many decided to refuse a trip to Europe due to the situation in the world,” said VTsIOM director Valery Fedorov.
Video: Channel Five
— 70% would like to go on vacation, but less than half have real plans. Those who remain will spend this summer at home, in the country, on their plots. The second reason why people stay at home is because they are busy with work. Not everyone has a vacation in the summer. And the third reason is family circumstances and health. But we don’t have many principled homebodies, those who would like to spend their holidays at home. Over the past few years, the popularity of domestic tourism has been growing. The ruble is now worth significantly less than four years ago, so material opportunities have decreased. This is also due to the general situation in the world. She remains anxious and tense. Many people do not want to go abroad. For an entire category of citizens, it is possible to travel abroad only to a limited list of countries. The TOP preferences include Crimea and the Black Sea coast of the Caucasus. All other tourist destinations in Russia are in third position. There are quite a lot of them. This includes Altai, St. Petersburg, and Moscow. Foreign destinations are less popular and are not included in the top three, - Fedorov said.
The total cost of a week's vacation for Russians, on average, is 55-60 thousand rubles, including flights. At the same time, according to the executive director of the Association of Tour Operators of Russia, Maya Lomidze, the preferences of compatriots in choosing a destination have remained virtually unchanged. However, the fluctuation of the ruble exchange rate in February-March played a role. Those who did not have time to buy a ticket for the summer then had to cut their travel expenses quite significantly now.
Video: Channel Five
— In fact, the directions have not changed for many years. These are Turkey, Spain, Bulgaria in outbound tourism, and if we talk about domestic tourism, the leaders are the Krasnodar Territory, in particular Sochi. Leaders do not change. Another thing is that this season is quite difficult from a business point of view. Those rosy prospects that were outlined during the early booking period, in February-March, the closer to the season, the dimmer the rainbow became. Now she is practically gone. If it was expected that there would be an increase in all directions: domestic, outbound, it is now obvious after exchange rate fluctuations throughout April that an increase in some directions is hardly possible. And maintaining last year’s volumes can already be considered an achievement for this season. Of course, there are exceptions. This is Türkiye, which shows a good growth rate. But in all other areas, an increase of around 5-10% is a very optimistic forecast. The choice of tourist destinations has not changed due to the international situation. There is certainly an economic impact. People began to reconsider their plans for the summer. And this influence is noticeable. As for the political situation, those countries that are actively involved in the political situation are not mass holiday destinations for our citizens,- Lomidze said.
Last year, from June 1 to the end of September, eight million Russians went abroad. This year, despite the cautious mood, experts expect 20% more people to travel. The increase will be ensured by the Turkish direction. Also last summer, the Krasnodar Territory had unprecedented indicators. 15 million people went there. Of these, four million chose Sochi, not only the city itself with the coast, but also the mountains. It’s too early to guess how many Russians will go on vacation. It is simply impossible to predict problems with carriers (like with Vim-Avia), natural disasters and collapses of the global economy, says Lomidze.
Singer Yulia Nachalova admitted in an interview with Channel 5 that she was in love with Russian resorts for the second year in a row. And it's not about the budget at all. There will be tours in the Mediterranean countries, but a vacation “in a state-owned house abroad” will not compare with a warm family or friendly company, Yulia believes.
Video: Channel Five
— For the second year in a row I have received tremendous pleasure from Russian resorts. Seriously. I don't know what this is connected with. I really like that there are a lot of landscaped and beautiful places. I was born in Voronezh and spent every summer with my grandparents at the dacha. This is a wonderful pine forest, the historical Bityug River. Having been there last summer for the first time in a long time, I dream of going there again. I will have some combinations with tours related to the Mediterranean Sea, but it seems to me that we are already sufficiently saturated with that energy and hotel history. I want more loved ones nearby, more barbecues, more communication. I love the river and nature. I’m planning to go with my family to a dacha in a pine forest and celebrate my dad’s birthday there. All my relatives have been living in Moscow for many years, but sometimes people cannot meet in Moscow. This year we want to receive emotions as a big friendly family. This is much nicer than looking at another pool and buffet. Relations in the world are strained, but planes do not stop flying back and forth in different directions. I have been to Paris 11 times and Rome 14 times. So what? Our nature inspires. For creative people, you need to look at nature with your eyes. New songs are written better, - Nachalova shared.
The singer plans to go on vacation in July. It is in the second and third months of summer that traditionally there is a peak in demand for tourist destinations. People are trying to gain strength before the school and work year. Opera and pop singer Nikolai Baskov is going to retire to the islands of Italy. He spoke about this in an interview with Channel Five. The golden tenor of Russia prefers to first be in solitude.
Video: Channel Five
- I will be abroad, in Italy - Sardinia. I'm going with friends. Now I will be in Crimea for four days. On the island where I am flying, the international intensity is not felt. There are a lot of my compatriots there who have lived there for a long time. And there is a very friendly attitude towards Russians. Been to Sochi. It’s a wonderful resort, I especially like Krasnaya Polyana. The hotel was built according to world standards, and there is an entertainment sector. You can always go somewhere. A casino was recently opened there for those who like to gamble. But my favorite vacation is to fly to the islands. First, a moment of loneliness, and then spend time with your beloved, relax. So that it is solitude,— Baskov shared.
According to the Association of Tour Operators of Russia, a new destination for mass travel has emerged this year - Albania. Previously, the flow of tourists to this country was rather sluggish, but now two companies have launched charter flights to the Balkan Peninsula. Also, the interest of compatriots in resorts in the countries of the former USSR does not wane. Increasingly, destinations are being chosen: Georgia, Armenia, Azerbaijan and Belarus.
Aniya Bataeva
" In less than a month, all these travel companies went bankrupt, closed or otherwise left their clients without a vacation (like Natalie Tours, which canceled all charters and canceled all tours).
The last two cases are especially significant. Both DSBW and Natalie Tours are real dinosaurs of the tourism market. Both were created in the early 90s - in fact, as soon as Russians began traveling abroad. We worked for a quarter of a century and survived all the crises. But in 2018 they couldn’t stand it.
What happened? All the experts’ arguments that are being heard now fit into 7 reasons.
THOSE WHO HAVE PROBLEMS HAVE THEMSELVES TO BLAME, BUT IN GENERAL EVERYTHING IS GOOD
There is no crisis or super difficulties in the Russian tourism market. I want to reassure everyone, this is the opinion of the head of the Federal Tourism Agency Oleg Safonov.
Why then are tour operators collapsing one after another? According to the official, this is due “to an incorrect assessment by travel companies of market conditions, errors in forecasts of consumer demand and inflated expectations regarding the growth of outbound tourism in a number of destinations.”
To be fair: in Russia there are 630 tour operators involved in foreign holidays. Seven have problems. One percent.
NO MONEY, NO DEMAND
“Low financial performance”, “market situation” - the heads of problematic travel companies describe the reasons for failure in these words. What's behind them? Weak ruble. Yes, without jumps, that’s already good, but still the ruble exchange rate has not returned to its previous positions - and therefore holidays abroad are actually more expensive than several years ago. But people are not showing off at all now.
The tourism business itself, in the language of economists, is low-margin. Profits are small, debt load is extreme. So the position of many companies is fragile.
CHARTER IS ROAD NOW
Fuel prices have risen, followed by flights, including charter flights. Aurora BG, which canceled charter chains to Bulgaria and Montenegro, blames this factor.
TRAVEL AGENTS ARE NOT VALUEED
Discussing Natalie’s problems, some travel agents openly gloat: they say there was no point in betting on direct sales to tourists. They pushed away the travel agents themselves and are now suffering. Indeed, Natalie Tours once offered good discounts to vacationers who booked trips directly with them, without intermediaries.
FOREIGN TOUR OPERATORS
It is also a sin that the Russian market is dominated by tour operators owned by foreigners and foreign companies (although officially the owners and general directors are most often Russians). “It’s a shame that the old Russian tour operators are leaving the market... and I feel sorry for them all. And it’s not clear why we don’t value our tour operators; they don’t have any advantages in their home market... If you want to do business in the UAE, pay the locals. Yes, everywhere they value their producers.” - “The thought also haunts me all day. After all, of the large companies abroad, only Biblio Globus is Russian. “Intourist” and the one with “Thomas Cook” for a long time” is a dialogue from a professional forum.
INDEPENDENT TOURISTS
At the same time, the resorts themselves share joyful statistics: 355 thousand Russians managed to visit Spain in five months of 2018, that is, before the start of the summer season - 9% more than last year. Antalya has a record: from January to June, 1.9 million Russians vacationed there, immediately exceeding the 2017 figures by 40%.
There is no demand from travel agencies, but there are more and more travelers - how is this? It is obvious: more and more Russians are traveling independently. And after the current scandalous wave of fans of package holidays, there will probably be even fewer fans.
EIGHTH REASON
Everyone watches football instead of the beach!
We still included the World Cup in the list, although the reason seems dubious. Vladimir Vorobyov, president of the Natalie Tours group of companies, quite seriously called it one of the reasons for his company’s problems. What does football have to do with it? In June 2018, Russians decided to stay at home, watch football and cheer for the national team, rather than fly to the sea.
IN DETAIL
Using the example of his company, Vladimir Vorobyov described a snowball of problems:
A few weeks ago, we began to face a liquidity shortage; we began to lack funds to pay for the services of our partners. This led to the fact that last Friday one of the key partners in Spain refused to cooperate with us. We are faced with such a situation for the first time in 25 years. We had no choice but to cancel the flights. Otherwise, up to a thousand Russian tourists would end up at Spanish airports without transfers or hotels. Information about the cancellation of charters became a catalyst for rumors and speculation. Our partners began to disconnect us from service, more than 50% sent us cancellations. If on Monday we had available funds to extinguish the negativity, everything would have gone differently. But we had a million-dollar shipping payment that couldn't be missed.
NUMBERS
“Natalie Tours” sold 22 thousand tours in 2017.
119 million rubles – the profit of three legal entities included in the Natalie Tours group of companies over the past year. In the first quarter of 2018, the profit was 28 million rubles, in the second they expect losses of 8-10 million.
3.5 thousand clients of Natalie Tours are abroad. They have return tickets; many people have problems paying for hotels.
4.5 thousand travel agencies have contracts with Natalie Tours and sell their tours.
150 million rubles is the total amount of financial guarantees of Natalie Tours; tourists can count on compensation from this money.
According to Natalie Tours and Rostourism.