E.A. Shapoval, lawyer, PhD. n.

Additional leave for temporary and seasonal workers

Seasonal workers and employees who have entered into an employment contract for a period of up to 2 months are provided with annual basic paid leave (compensation for it upon dismissal) at the rate of 2 working days for each month of work. Articles 291, 295 of the Labor Code of the Russian Federation. Along with the main leave, they may also have additional annual paid leave, provided in calendar days (for example, for hazardous work Articles 116, 117 of the Labor Code of the Russian Federation or "northern" Art. 321 Labor Code of the Russian Federation).

Let us remind you that if additional leave is established by Soviet regulations not in calendar days, but in working days, then you need to recalculate the working days of such leave into calendar days. You can convert working days into calendar days:

• <или>by determining the ratio of working days to calendar days;
• <или>counting working days in calendar order from the start date of the vacation.

Let's see how to determine the total duration of vacation (main vacation plus additional Art. 120 Labor Code of the Russian Federation) temporary and seasonal workers.

FROM AUTHENTIC SOURCES

Deputy Head Federal service on labor and employment

“Since the duration of annual additional paid leave is calculated in calendar days, their duration for temporary and seasonal workers is determined in calendar days in proportion to the period worked.”

Thus, the duration of the main vacation and the duration additional leave are determined separately. In this case, the number of calendar days of additional leave is determined as follows:

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. And when providing additional leave in calendar days, Sundays are included in the number of vacation days and are paid. Regardless of whether vacation is granted in working days or calendar days, non-working days holidays are not included in the number of vacation days

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? By 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 provided with 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 promotes compliance efficient work enterprises and preventing 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 of calculating the duration of the first vacation period– additional leave, which is granted when working with harmful or hazardous 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 of June 30, 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 for regulation of social 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 one Labor Code The Russian Federation (Labor Code) does not know the concept of “temporary worker,” but Article 291 of the Labor Code establishes 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.

< …
Current legislation guarantees all workers an annual long leave. In addition to the fact that it is paid for by the employer, when using it, employees retain their jobs, salaries and other working conditions. The procedure for granting, registering, and paying for vacations is regulated by the Labor Code of the Russian Federation. For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they apply to both ordinary employees and certain categories of personnel. The responsibility for complying with the procedure for granting vacations rests with employers. Therefore, it is important to know it and strictly adhere to it. Violations are subject to administrative liability and other types of penalties. Norms of the Labor Code The rights of citizens to rest at a new job are protected by labor legislation.
The entire salary of the vacationer is divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings. Calculate in a similar way financial compensation for unused annual leave in the event of an employee’s refusal or dismissal.

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; performance by an employee during annual paid leave government duties, if for this labor legislation exemption from work is provided; (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 it began, then the employer, upon written application the employee is obliged to transfer the annual paid leave to another period agreed with the employee.

(part two in ed.
Allowing a new employee to take annual vacation is an employer’s right, not an obligation. He may refuse to grant leave if there is a production need for a specialist. The employee must exercise his right to basic paid leave within a year.

The employer is obliged to control this. By law, if 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 everything bonus payments, rewards, allowances.

The legislation of our state protects not only minor children, but also mothers. Especially those women who are forced to independently raise their own children without the help of their own father. Such representatives of the fairer sex receive the status of single mother.

All kinds of state privileges are provided for this category of persons. For example, various benefits in the field of labor, taxation, and housing. In this case, children are entitled to state benefits due to the fact that they are growing up without a father.

Most women decide to get rid of their single mother status in order to find the father of their child to collect alimony from him. So how to sue for child support if paternity has not been established? In this article we will try to figure this out.

How is paternity generally established?

The procedure for registering the origin of a child is comprehensively prescribed in the provisions of Art. 48 of the RF IC, according to which all children who were born to persons who were legally married, as well as those born within no more than 300 days from the date of termination of the marriage for any reason, are subject to registration in the name of their mother’s husband.

Note: The 300-day period applies to both divorce initiated by the spouses and the termination of a marriage due to the untimely death of a spouse. It does not matter whether the children's parents lived together or not.

If paternity registration was carried out erroneously, then this fact can only be challenged in judicial procedure.

The following may request a change in the paternity record for the baby:

1. The child’s mother – by filing a claim against the child’s legal father to challenge paternity;
2. The father of the child named in the documents - by submitting a request to challenge paternity to the child’s mother;
3. In fact, the (biological) father of the child - by filing a claim to contest paternity against the child's legal father or, if he is deceased, against the child's mother.

But what to do if the father did not express his desire to include himself in the birth certificate, and the child was born without marriage? You can try to resolve this issue administratively by reaching an agreement with the father, but most often the mother is forced to go to court.

Is it possible to collect alimony without marriage?

Is it possible to get material support from the child’s biological father, if there was no official marriage between the parents or the woman refused to register the newborn with her husband?

Current legislation, in particular Art. 80 of the IC of Russia, regulates that every parent is obliged to equally participate in the life of the child, including financially. Article 53 of the Family Code establishes that children born out of wedlock and those born in officially registered relationships between parents have equal rights and responsibilities.

As a rule, the initiators of the collection of funds from the second parent are women who are forced to independently raise a minor child. It is worth noting that the father also has the same right if he has joint children left in his care.

How to prove paternity and apply for child support

What to do if the child’s parents did not have a registered relationship, but the father wants to recognize the born child as his own or, conversely, the biological father refuses to register the child in his name?

The best option is to agree on recognition of paternity if there is 100% confidence in the biological relationship of the man and the child. You can explain to your relationship partner that in any case, the court will establish paternity and it is easier for him to recognize it on his own, and then pay alimony voluntarily. If it is not possible to reach an agreement, the only option left is the court.

Administrative procedure for recognizing paternity

If a child is born without marriage, the prospective father of the child can apply to the registry office with a corresponding application. Based on the application, the institution will decide whether to include it in the baby’s birth record.

Such an application is submitted together with the child’s mother, and if the latter died or went missing, at the request of the father alone.

The refusal of a civil registry office to recognize paternity at the request of a man can be challenged in court by proving paternity in court and presenting the corresponding court decision for execution. Thus, to make a record of a father outside of marriage, the joint desire of the child’s parents is sufficient.

Judicial order

The judicial procedure most often entails the appointment of a DNA examination, which forms the basis of all evidence. Additionally, in court, you can hear witnesses who know for sure that the man recognized his child. And also submit joint photographs and videos.

In the rest of the court, establishing paternity is very nervous and quite complex procedure, which is best entrusted to a qualified lawyer. our specialists right now and find out if your case needs competent legal assistance.

Refund of paid alimony after challenging paternity

How to avoid paying child support for someone else's child? This type litigation is currently quite relevant in family law. Often the alimony payer turns a blind eye to the fact that he is not biologically the father of the child in whose favor the transfers are made, but continues to pay anyway.
In such a situation, there is a high probability of challenging the fact of paternity in court. Such proceedings allow you not only to refute your paternity, but also to return cash, transferred in favor of someone else's son or daughter.

The legislation protects the rights of the child as much as possible, therefore child support payments will be stopped only from the moment the court decision is made. Before this, genetic testing will be carried out and other evidence will be considered.

If it turns out in court that previously alimony was not paid intentionally, the court may decide to impose a punishment for non-payment.

It is possible to return in court the funds paid for the maintenance of someone else's child for past periods only if it can be proven that the child's mother deliberately misled the judge considering the case of alimony collection. This can be done within the limitation period.

When starting a legal battle, the plaintiff must understand that the claim for compensation for unlawful benefits will need to be sent to the recipient of alimony, and the court decision to pay this alimony must be canceled in court. The listed methods are the only options for not paying child support for someone else’s child.

Men who begin the procedure are interested in whether it is possible to return alimony when challenging paternity. The answer is in Article 116 of the Family Code of the Russian Federation - the return of alimony when paternity is contested is not allowed.

This means that amounts already paid cannot be returned.

The court will also oblige the man to repay the debt to the “former” child if at the time of challenging paternity the man had arrears in child support. If the alimony holder deliberately evaded paying child support, the court will impose punishment for this offense.

Is there a refund of paid alimony after the procedure for challenging paternity? It is possible to return excessively withheld funds in following situations, If:

1. The company's accounting department made a mistake when calculating alimony.
2. The organization was untimely notified by the recipient of alimony or the executive service about the fact that the child reached the age of majority or about a change in the amount of alimony payments.
3. Errors were made when calculating accruals.
4. When committing officials intentional actions.

Excess amounts paid are refunded based on actual circumstances. For example, if an error was made by the accounting department of an enterprise, then the money is returned to the employee by the organization, and the losses that the enterprise incurs are covered by deducting from the salary of the person at fault.

Recovery from the recipient is possible in court only if the defendant gives personal consent to such a procedure.

If the funds were transferred in excess due to the fact that the recipient did not notify about the changed conditions and circumstances, the money can be returned if:

• there are no objections from the guilty party. Refunds are made after sending the appropriate request;
• the recipient of alimony refuses. Refunds are made through legal process.

If during the trial it is established that there was a mechanical or accounting error that occurs when software malfunctions or typos in documents, it is also possible to return the overcharged funds.

Questions regarding child support after paternity are contested periodically arise, so in disputes about unlawful assignment it is used

Civil Code of the Russian Federation, which allows you to partially return the money.

This legal act states that the payer has the right to demand the return of alimony payments in court. To do this, he must provide evidence of an error in calculating the funds collected in favor of the child. The basis for return in this case will be unintentional overpayments of alimony that occurred due to a failure in software or other equipment of the bank or organization responsible for transferring funds. In this case, only the excess will be returned.

List of grounds for partial refund of over-transferred funds:

1. Accounting errors of the enterprise in which the alimony worker works.
2. Lack of notification from the recipient of alimony or the executive service about the termination of alimony obligations.
3. Arithmetic errors in calculations.
4. System failures in computer programs.
5. Mistakes by bank or post office employees when transferring alimony.

It must be remembered that an appeal for the return of overpaid funds is sent to the organization that is to blame for the error. This means that if a mistake is made by the chief accountant of the enterprise, the funds will be returned to the child support provider from the employee’s salary, and not from the child’s account.

There are situations when the recipient of alimony forces a man to sign an alimony agreement through deception, violence or threats. Civil Code The Russian Federation recognizes these transactions as invalid. If a man signed an agreement as a result of deceiving a woman, if this fact is revealed, the alimony provider has the right to challenge the agreement in court. After this, it is possible to go to court to return the illegally paid funds.

We suggest you familiarize yourself with whether they give maternity capital for twins, how to apply for maternity capital for twins

Establishing paternity through the court: procedure and procedures

To go to court to establish paternity and subsequently collect alimony from the child’s mother, you must:

1. Conduct negotiations with the child’s father to establish a relationship in voluntarily and make sure there is no consent to this.
2. Prepare a statement of claim and documents for the court.
3. Submit a statement of claim in person or send it by mail, registered mail with confirmation of delivery to the court.
4. Obtain a court ruling on the preparation of the case and comply with all requirements and requests of the court.
5. Appear in court on the appointed date.
6. If the defendant refuses to acknowledge the claim, apply for a genetic examination.
7. Pay for the examination or ask the court to pay for it from the budget with subsequent recovery from the defendant upon consideration of the case.
8. Provide the child for collection of biological material.
9. Wait for the expert's opinion, and then the court's decision after the hearings resume.
10. Obtain a court decision, a writ of execution for alimony.
11. Submit the decision to the registry office to make a record of paternity, and the writ of execution to the bailiffs to collect alimony.

This is a procedure for successfully resolving cases and situations where the mother is 100% sure who the father of her child is. If there is any doubt, a negative DNA test result is possible with unpleasant consequences for the mother. If additional legal issues ask our lawyers completely free of charge.

Features of the paternity establishment procedure

• If the plaintiff mother fails to appear in court twice, the judge will leave the claim without consideration, unless the defendant demands its consideration on the merits;
• The examination is paid for by the person whose arguments it refuted. If the expert establishes the relationship between the father and the child, the father will pay for the examination or return the money for it to the mother. If paternity is denied, expenses will be recovered from the mother;
• If the child’s father does not arrive to submit the biomaterial or refuses to appear at the expert institution. This will be regarded by the court as agreement with the claim and it will make a decision on recognition of paternity.
• When the mother refuses to provide the child for examination and collection of biomaterial (Saliva, hair), the court will reject the claim.

Example. Maria N. filed a lawsuit against Sergei K. to establish paternity and collect alimony. At the court hearing, the defendant did not admit the claim, Maria. N. insisted on conducting a genetic examination. The defendant did not appear at the expert institution and refused to submit biomaterial at the court hearing. The court, based on the available evidence, made a court decision to establish paternity and recovered from the defendant alimony in the amount of ¼ per child.

Statement of claim to establish paternity and collect alimony

A claim to establish paternity and collect alimony is drawn up according to the rules. Prescribed in Art. 131 Code of Civil Procedure of the Russian Federation. Not contained there specific requirements and guidelines for this type of claim. But experienced lawyers have enough general requirements to file a valid claim.

In particular, the document must indicate:

• Name of the judicial authority and address of its location;
• Full names of the plaintiff and defendant, their current addresses of residence and official registration;
• Additionally, it would not be superfluous to indicate contact numbers telephones;
• Title of the claim;
• The descriptive part, which includes information about the existence of a relationship between the plaintiff and the defendant; their duration; date of birth of the child; the reasons for the defendant's denial of paternity;
• Evidence of paternity, links to them;
• Link to family and procedural law;
• Justification for the amount of alimony, if it is collected in a fixed amount, or simply a reference to the articles of the RF IC regulating the percentage amount;
• Request to the court to establish paternity and withhold child support;
• Date of leaving the document, personal signature of the plaintiff;
• List of applications.

It is best to prepare the claim on a computer, avoiding handwritten text. The judge will return the unreadable document to the applicant, suggesting that it be rewritten initially.

The claim and documents are submitted in person, by mail or through a representative with a power of attorney. The easiest way is to send documents by mail, which will help to avoid red tape and unreasonable nagging at a personal reception from court employees.

A request to order and conduct a DNA examination for paternity can be immediately included in the claim as a separate paragraph. It can also be stated later in court. Lawyers advise not to rush, because perhaps the potential father of the baby will admit the claims. This often happens after explaining his rights and responsibilities in the event of a lost case.

Sample claim for paternity and child support

It is best to entrust the preparation of the statement of claim to an experienced lawyer who has experience in handling this category of cases. However, you can try to compose the document yourself using the sample below.

The document reflects a typical and simplified situation, not complicated by a fixed amount of alimony.

IMPORTANT: You can also clarify controversial issues in advance, the answer to which will be found by a professional in a matter of minutes. Remember that incorrect drafting of the claim will result in its return or abandonment.

Where to submit?

A statement of claim to establish paternity with simultaneous collection of alimony is filed exclusively in district (city) courts.

As a general rule, a claim can be filed at the defendant’s place of residence. But in relation to the plaintiff, the alternative rule of Art. 26 of the Code of Civil Procedure of the Russian Federation, which gives the right to file a claim at one’s place of residence if a minor child lives with the plaintiff.

If the rules of jurisdiction are violated and documents are submitted to the wrong court, the claim will be returned to the applicant without delay.

Required documents

The general list of documents is prescribed in Art. 132 of the Code of Civil Procedure of the Russian Federation, but in relation to the package for a claim to establish paternity and collect alimony, the law does not specify anything. Taking into account the practice of this type of cases, you will have to attach to the claim:

• A copy of the application for the defendant;
• A copy of your passport;
• Child's birth certificate (also a copy);
• Correspondence with a potential father, personal photos, videos - as evidence of communication, relationships and possible recognition of the child in everyday life;
• Information about the child’s place of residence (certificate, extract);
• Information about income;
• Justification for the need for alimony in a fixed amount (if requested);
• Other evidence in the case.

Only an experienced lawyer will immediately draw up a list necessary documents for going to court, relevant specifically to your situation. You can consult our lawyers for free right now.

Ask a Question

The original documents, copies of which are submitted to the court, must be taken with you to the hearing. The judge may need them for review.

What you need to know

Deprivation of rights to a child is the final break between him and the father.

Since this measure completely deprives a man of any rights to the baby and makes it completely alien to him.

That is why this procedure is quite complex and multifaceted - so that it is possible to take into account all the nuances and make the right decision.

Indeed, in the case of deprivation of parental rights, the state establishes many rules that must be followed in order to receive the coveted document.

In addition, not all situations require that the parent be deprived of the opportunity to meet with the child and be deprived of the right to lay claim to him and influence his upbringing.

List of prerequisites

All rules for exercising your parental rights are specified in Russian legislation.

At the same time, the parent must remember that in addition to rights, he has responsibilities that he must adhere to. Otherwise, there will be completely legal grounds for depriving him of parental rights.

These are the following provisions for 2020:

• failure to pay child support fees - while the father has no legal grounds for deferment or delays in payments;
• negative impact on the child’s psyche or the use of physical punishment - beating;
• sexual assault;
• the fact of abuse of the father's rights has been recorded in any form;
• documents confirming that the father is registered due to drug or alcohol addiction;
• an event was recorded in connection with which the child’s life was threatened;
• refusal to fulfill responsibilities for raising and caring for a child.

To deprive the father of parental rights, it will be enough to provide the fact of the presence of at least one of these conditions. At the same time, similar indicators can be used in relation to the mother of the child.

Where to go

Deprivation of parental rights is carried out exclusively through the court.

Therefore, if it is necessary to carry out this procedure, you should know several nuances:

It is worth understanding that most often the mother of the child acts as a plaintiff in the case of deprivation of the father’s rights. A sample statement of claim for deprivation of the father's parental rights is available.

But there are other categories of citizens who can submit appropriate applications to the court:

• guardian, adoptive parent, trustee;
• employee of the prosecutor's office, guardianship authorities or social institution, which protects the rights of minors in Russia.

It is important to understand that close relatives of the child who replace his parents cannot put forward a demand for deprivation of rights - in accordance with official documents.

But in this case, it is possible to file a petition containing facts of violation of the child’s rights and parental responsibilities. This paper should be submitted to the guardianship authorities. They will already take legal action against the father.

Legal grounds

The basis for regulating relationships in the family is the Family Code of the Russian Federation. This document contains all the provisions for those situations that may occur in the family area.

Thus, Article 69 talks about what the grounds should be for a positive decision to deprive a parent of his rights to a child.

There are a number of consequences once a parent is deprived of their rights. And all of them are described in the same code, but in Article 71. When filing an application in court, you must follow the rules for drawing up a claim document.

The legislation establishes a sample in accordance with which the paper is filled out - all provisions on this are in Article 131 of the Civil Procedure Code of the Russian Federation.

The Tax Code of the Russian Federation also establishes the procedure for paying state fees in cases that concern a minor.

And in Art. 333.36, paragraph 1, subparagraph 15 states that in such a situation the duty is not paid.

Time frame for establishing paternity

The deadline for consideration of a case in a district court is 2 months. It will take another 1 month for the decision to come into force, but a writ of execution for alimony will be issued immediately.

However, during the period of the paternity examination, the proceedings in the case are suspended along with the passage of a 2-month period.

If the expert institution is overloaded, the examination may take 1-2 months. This will increase the overall processing time for the application. This procedure can be accelerated only by promptly executing all orders and instructions of the court and the expert.

What to do next after submitting your application

If the claim is not rejected/returned, then the demands set out in it will either be satisfied or rejected.

With a court order or decision (writ of execution), the plaintiff, who has achieved success, turns to the bailiffs. If they begin to collect from an officially employed person, then the money will begin to flow after contacting his employer.

The task facing the bailiff becomes more complicated when the debtor does not have regular sources of income. Then you have to look for information about income and/or seize and sell property at auction.

A court decision rejecting a request may be appealed. The corresponding application is sent through the court of first instance, but the addressee of the appeal is the court of second instance, the regional one.

Expenses

The plaintiff in the claim to establish paternity and subsequent collection of alimony is exempt from paying the fee.

The requirement to collect alimony by default is “preferential”, the plaintiffs under it are subject to exemption from paying the fee. And the request to establish paternity is submitted to protect the interests of the minor, which also entails relief from the burden of bearing expenses.

In the future, the entire fee will be collected from the defendant, namely:

• 150 rubles for alimony claim;
• 300 rubles for establishing paternity.

Additional costs for the plaintiff will be:

• Payment for DNA examination – from 20 to 40 thousand rubles, depending on the institution and urgency;
• Payment for a lawyer’s services for drawing up a claim and representation in court is by agreement.

All these expenses can be fully recovered from the defendant if the trial is won and his paternity is established. Costs incurred for legal services will need to be documented in court.

Methods for paying alimony obligations during judicial collection

According to family law, forms of alimony collection

when involving a judicial authority, there are:

• interest;
• in a fixed amount of money;
• mixed.

The first payment option is awarded if the alimony recipient has a stable official income. Deductions in the form of a fixed amount are used if the payer does not have an official source of income or has unstable wages.

Important! In some cases, it is enough for the mother to file a claim only to establish paternity. After receiving the verdict, parents have the right to independently agree on the size and shape financial assistance. In this case, the list of available options for keeping a child increases significantly.

Arbitrage practice

Judicial practice on establishing paternity and alimony is developing predominantly in favor of the plaintiff.

The main evidence is an expert's opinion on the possibility of paternity of a man and a child. Therefore, if geneticists have established that the DNA of the father and child is similar, the claim will be satisfied 100%.

Difficulties are possible due to the parties’ evasion of appearing for the examination.

In these cases, the courts make the following decisions:

• Leave the claim without consideration if the plaintiff does not appear in court twice;
• The claim is denied if the plaintiff did not provide the child for biomaterial collection;
• The claim is satisfied if the male defendant did not arrive at the expert institution and did not submit samples for analysis.

Example: Case No. 2-482/2014 of the Zamoskvoretsky District Court of the capital. Plaintiff N. filed a lawsuit to establish paternity and collect alimony from defendant Z. Defendant Z. did not recognize the claim and voluntarily agreed to an examination. The expert established the probability of paternity at 0.0% and N.’s claim was denied.

Cancellation of illegal alimony

The collection of alimony stops after the result of a genetic examination and other studies that confirm that the man is not the father of the child. Cancellation of alimony occurs from the moment the relevant court decision is made and the this decision bailiff service.

In some cases, for example, if it is not possible to establish the father of the child, the court may oblige the alimony provider to pay money for the maintenance of this child until paternity is established or the child is adopted.

Claiming back alimony is possible only if it is proven that the recipient provided the court with false information or forged documents. For example, if the child’s mother misled a man regarding his paternity and provided incorrect information to the court.

In summary: is it possible to recover child support payments from the biological father?

If a child is born outside of marriage, then by default only the mother is indicated on the birth certificate. The father has the right to both ask employees to indicate their data in the document, and to refuse this procedure without recognizing his relationship. If there is no paternal information on the birth certificate, in order to obtain maintenance for a minor, the mother must complete two steps: establish paternity through the court and collect obligations from the child support provider. To simplify this procedure, the Code of Civil Procedure of the Russian Federation provides for the possibility of drawing up a single claim that resolves both issues at once.

Legislative framework of the issue

Parents can apply for child support based on Article 87 of the RF IC. It says that children are obliged to support their parents if they do not have enough means to support themselves or are recognized as incapacitated.

Often the reason for collecting alimony is disability or serious illness, the treatment of which requires large financial costs.

Retirement age in itself is not considered a basis for receiving child support, but a disease that requires the purchase of medicines or hiring a nurse, in accordance with Article 88 of the RF IC, is such.

All able-bodied children who have income are required to pay child support. Blood relationship does not play a role in this case. Adopted children, as well as guardians, must pay child support to their parents. As for stepdaughters and stepsons, they this duty imputed if the stepfather or stepmother raised them for at least 5 years and the stepfather or stepmother does not have their own children who can support them (based on Article 97 of the RF IC).

Differences between recovery of a child in marriage and out of marriage

The most important “catch” of a civil union is that the baby born in it is not protected by the right to paternity. That is, a son or daughter “by default” acquires a father only if he is born in marriage (or within 300 days after a divorce is filed between the parents) according to the law. Therefore, the procedure for collecting alimony from a parent for illegitimate children is somewhat different from the standard.

The collection of funds for an illegitimate child is always preceded by a procedure for recognizing the fact of paternity. It is noteworthy that such an event is carried out only in relation to the pope. At the birth of a baby, the mother must be registered in all documentation (with the exception of abandoned children).

Recognition of paternity is carried out:

• spouses;
• when applying to the registry office only the mother (according to the three hundred day rule);
• at the request of both parents who are not in a legal marriage relationship;
• the child's sole father;
• through a court (based on a decision).

If a small citizen is born into a complete family, then the spouses are automatically included as parents, despite biological ties. Challenging such a record is possible only through court. The father cannot renounce paternity, but he can contribute to the speedy deprivation of his parental rights, but such actions do not exempt him from alimony.

At the end of the procedure for establishing paternity, a record of the establishment is made in the metric information about the child in the registry office. Parents are issued one or two (each) certificates recognizing the man as the father, as well as a repeated certificate of the birth of a son or daughter.

After this, you can immediately begin the process of processing alimony payments according to the standard algorithm.

If the employer decides to hire a temporary worker for the company, it is necessary to know his rights and obligations. Thus, it is worth studying in more detail whether a temporary worker is entitled to leave if he has worked for less than six months, for what period and under what conditions. Is compensation for vacation due upon dismissal of a temporary employee or can he take time off even after the end of the contract?

From this article you will learn:

• characteristics of the work of a temporary employee;
• whether a temporary employee is entitled to leave;
• is it possible to receive compensation for vacation when a temporary employee is dismissed in 2017;
• how to calculate compensation for a temporary employee upon dismissal.

Do I need to pay vacation compensation when dismissing a temporary worker?

Any employee of the organization has the right to leave. Regardless of how long his stay will be. That is, even if an employee is hired for a temporary job, he is entitled to vacation. The most common condition for receiving it is that the employee has worked for at least six months. Everyone knows that upon dismissal if the employee did not have time to take a day off due leave, he can replace it with monetary compensation. What if a person was hired less than six months ago and did not have time to work the required time at the time of dismissal? What if he was hired for a temporary job? There is an opinion that in this case it is possible not to. But this is not entirely true. In some cases, compensation for vacation upon dismissal of a temporary employee occurs.

Compensation for vacation upon dismissal of a temporary employee: features

To begin with, to understand whether you need compensation When dismissing a temporary employee, you need to find out what rights this category of workers has in accordance with the Labor Code of the Russian Federation.

Features of the work of temporary workers:

• Due to the fact that employees are hired for a short working period, they are exempt from undergoing probationary period and are hired immediately.
• Since this category is not included in the preferential groups and there are no exceptions for them in terms of work, they can be brought to work on weekends or holidays, with only one nuance - their written permission to do so. In addition, they cannot, unlike a full-time permanent employee, take another day off as a replacement. In their case, only monetary compensation of no less than double is possible.
• Temporary employees are entitled to paid leave or compensation upon dismissal at the rate of two working days per month of work. It is worth noting that previously the rights of temporary workers were not so protected.

So, employees associated with the employer by a temporary agreement, even, for example, for a period of up to two months, have the right to receive leave with subsequent dismissal, like other employees. As in other cases, the manager’s order on this matter is formed on the basis of the employee’s application. It does not matter if the vacation falls partially or completely outside the term of the contract. In this case, the day of dismissal will be considered the last day of vacation.

Temporary workers have the right not only to regular leave according to the contract, but also to additional paid leave. This is possible if the employee is involved in heavy or harmful conditions work. The number of days of additional leave available to a temporary employee is determined by the employment contract, by agreement of the parties, or by law. In this case, even if the employee is fired or quits without working for six months, he must also be compensated for additional vacations.

The procedure for paying compensation for vacation upon dismissal of a temporary employee

Once we have determined that a temporary employee has the right to take leave, and in case of dismissal, to receive compensation for it, it is necessary to clarify the amount and method of completing this procedure.

So, to calculate the payment and amount of compensation to a temporary employee for missed vacation the following rules must be followed:

• in the case of accumulated vacation in the amount of 24 days to a month - in the calculation of two days' average earnings for each month;
• for a one and a half month vacation - in the amount of three days' average earnings for each month;
• with a two-month vacation - four days' average earnings for each month.

To calculate the average earnings of a temporary employee to pay for his vacation, the calculation period is considered to be three calendar months before the start of the vacation.

It is worth remembering one more point: if a temporary employee is hired for a period of more than six months, then his vacation should be reflected in the vacation schedule along with other employees of the organization.

Attached files

• An example of filling out a calculation note (form No. T-61) when paying compensation to an employee for unused vacation related to dismissal (form).doc
• Employer's order to replace part of the vacation with monetary compensation (form).doc

Available to subscribers only

• An example of filling out a calculation note (form No. T-61) when paying compensation to an employee for unused vacation related to dismissal (sample).doc
• Employer's order to replace part of the vacation with monetary compensation (sample).doc

• 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 it allowed maternity leave temporary worker

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.

And when providing additional leave in calendar days, Sundays are included in the number of vacation days and are paid. Regardless of whether vacation is granted in working days or calendar days, non-working holidays are not included in the number of vacation days.

120 Labor Code of the Russian Federation. Compensation for vacation upon dismissal: frequently asked questions What compensation and monetary 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?

The Labor Code of the Russian Federation provides paid or corresponding monetary compensation 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, 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 performance certain work(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, except in cases of termination 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 the working days on the calendar of a five-day working week, which fell on the time 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.

These circumstances are a violation of the law. Is it possible to refuse vacation after six months of work? Refusal of granted vacation days after 6 months of work is possible only by mutual agreement. The employee has the right to use only part of the rest, and the rest unused days must be paid as remuneration after dismissal.
An employee can also write an application for refusal and immediately receive compensation for unused vacation. Application for vacation after six months of work - sample according to the Labor Code of the Russian Federation The Labor Code of the Russian Federation does not establish specific deadlines for submitting an application for vacation days.

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.

Read more about this in our article. After how long does an employee have the right to receive leave? In Part 2 of Art. 122 of the Labor Code of the Russian Federation states that absolutely every employee has the right to receive the first leave after finding a job after 6 months of work.

Is a temporary worker entitled to leave after 6 months?

It follows that the rest period after 6 months labor activity 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 are provided in advance to a woman at a certain stage of pregnancy at mandatory. 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 may leave his position before graduation. working year, and the vacation for it 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 wage payments, 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 payments, you need to take into account the billing period. If an employee worked for 6 months, the payroll period should be exactly six months.

Next, the average employee’s salary for one day of work is taken. 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.