Holiday regulations – Enterprise Info. An employee’s right to annual paid leave Regulations on the procedure for providing leave to employees of Uraltransbank

The regulation on granting vacations is a local regulatory act that reveals the rules for granting vacations to employees of a particular enterprise. Of course, all employers are required to provide vacation time to their employees. This norm, as well as the procedure for providing and paying for rest, are stipulated in labor legislation. However, at many enterprises changes are being made to existing standards. These adjustments can create a more favorable environment for workers. All details are specified in the local Regulations on the provision of vacations. Let us consider in more detail why this document is needed, how it is drawn up and adopted.

Existing legislation does not oblige employers to adopt vacation provisions. However, to clarify controversial issues, such a local regulatory act can be introduced at the enterprise. Despite the fact that its content is not regulated by law, there are certain recommendations for its preparation, developed in practice.

What should be reflected in the position

Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law standards. This possibility is enshrined in Article 8 of the Labor Code of the Russian Federation. However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code. If such a document does exist at the enterprise, then its rules cannot be applied in practice, and employees must ensure that the employer complies with labor laws.

Typically, the provision specifies those aspects that are at the discretion of the employer. Among them:

• some conditions for granting additional leave;
• issues of providing rest without pay, as well as its maximum duration;
• a list of documents required to provide vacation at your own expense;
• issues of additional payments in connection with vacation.

This list is incomplete; it may include other controversial issues that arise in the course of the company’s work. Quite often, the inclusion of certain points in this document is of a precedent nature. A fragment of the position template can be found below, and you can download the full version at the end of the article.

Vacation regulations: sample and acceptance

The acceptance procedure includes the following steps:

• development;
• coordination;
• statement;
• putting into effect.

Let's briefly look at each of them.

Development

The head issues an order to develop a local regulatory act, and also appoints persons responsible for this.

Coordination

The document developers must agree on the contents of the document with specialists from the human resources department, accounting department and other services at their discretion. The visa staff express their suggestions, comments and agreement on a special approval sheet.

Statement

After approval, the document is submitted to the manager for approval. At this stage, the manager submits the draft act to the trade union elected body, which must provide a reasoned opinion on the content of the draft within five days.

Introduction

The LNA is put into effect by an appropriate order.

After this, employees must be familiarized with the new document by signature. When hiring new employees, they must be familiarized with the act before signing the employment contract.

The vacation regulations are an internal document drawn up in the company, the purpose of which is to regulate the procedure for granting vacations to employees. According to the Labor Code, the provision on the provision of vacations is not mandatory for registration with a specific employer. However, its presence is intended to resolve certain issues in this area that are not regulated by the Labor Code.

In what cases will a vacation provision be needed?

If, for example, the company provides for additional vacations, which, according to the law, do not belong to the mandatory additional vacations, that is, they are provided at the initiative of the employer, then it is advisable to specify the specifics of providing such vacations to employees in the vacation regulations. The document can also streamline the rules for granting leave at your own expense, limit its maximum duration, and indicate the conditions under which the employee can count on it. The regulations on granting leave may contain a list of necessary documents that the employee must provide when applying for one or another type of leave.

In addition, the vacation regulations may address issues of vacation payments. This is especially true, again, for additional leaves, the provision of which is carried out not according to the Labor Code, but at the initiative of the employer. The procedure for calculating vacation pay in normal cases does not raise questions, since the rules for determining the amount of vacation pay are strictly defined by current legislation. The situation with additional payments is different, so the procedure for calculating such amounts must be documented: either in the vacation regulations, or in the regulations on wages.

Procedure for drawing up vacation regulations

The presence in the Labor Code of strictly prescribed postulates applied to resolving a particular issue does not mean that they cannot be duplicated in the provision on granting vacations. The main task when drawing up a document is to ensure that the rules specified in it do not violate the rights of the company’s employees. This follows from the provisions of Article 8 of the Labor Code on the basis that the document in question refers to local legal acts, which in turn lose their relevance if the norms prescribed in them, in comparison with the norms of labor legislation, put workers in a worse position. As for the rest, the drafting of the leave regulations and exactly what items will be spelled out in it remains entirely at the discretion of the employer. There is no strictly regulated form of the document in this case.

Typically, a vacation provision, when it is drawn up in a specific company, is issued for an indefinite period. If it is necessary to make changes to it, the corresponding order of the director is issued, and the current version of the document is updated. When hiring a new employee, as a rule, they are provided with this document for review and signature.

Basic information on the procedure for granting vacations is contained in the Labor Code of the Russian Federation. However, managers are strongly recommended to additionally draw up vacation regulations. This will make it possible to regulate the nuances, the presence of which is determined by the specifics of a particular area of ​​activity of an economic entity.

The standard under consideration will make it possible to regulate such aspects of providing vacations that are not provided for in labor legislation, such as:

• features of providing enterprise personnel administrative leave. It is assumed that the Regulations may contain a specific list of conditions on the basis of which employees will be granted such leave;
• nuances of providing employees additional holidays, which are not regulated by the Labor Code of the Russian Federation, but are allocated for decision by agreement of the parties;
• special nuances of providing subordinates study holidays;
• problematic aspects of dividing and combining main and additional leave, as well as the procedure for paying for such periods;
• a list of personal documents of employees required in a particular company, which entities must provide when applying for various types of vacations or rescheduling vacations;
• any other controversial aspects related to providing staff with annual rest periods.

In addition to the above, the Regulations under consideration may also contain additional regulation of problematic aspects regarding the payment of vacation funds.

In the process of drawing up the document, the employer must remember that in any circumstances the accepted conditions and additional provisions should not worsen the financial condition of employees, nor shorten the total period of leave for subordinates required at the federal level. This position is enshrined in Art. 8 Labor Code of the Russian Federation.

So, for example, if an employer decides to reflect in the Regulations the situation of providing workers with additional leave due to the harmful influence of production factors, he should take into account that it is unlawful to establish in a local standard a shorter period than that stipulated in Art. 117 Labor Code of the Russian Federation. It is understood that a local act may stipulate 8 or more additional days of vacation for the category of workers in question, but not less than 7.

Vacation regulations: sample

The provision in question is a local binding act, which prescribes labor law norms. It reflects the conditions for providing days of rest, which are subsequently submitted to the employer for consideration. Typically it includes the following vacation clauses:

• type (basic, without content, additional, educational, etc.);
• duration;
• to whom it is due and on what grounds;
• features of calculating monetary compensation;
• start/end date;
• documents required for registration;
• other information.

The relationship between management and employees at the enterprise, the procedure for their work and rest and other provisions are fully regulated by the articles of the Labor Code of the Russian Federation.

Types of leave are determined by labor legislation. But an enterprise, as a separate economic entity, has the right to supplement these procedures.

Such an internal document regulating the regime of work and rest is the provision on the provision of vacations.

Each employee, regardless of his qualifications, type of activity and other parameters, is entitled to a single vacation of 28 days during the year. This is not his only right to a long rest. An employee has the right to receive one or another type of leave after 6 months from the date of commencement of work at the enterprise. This provision is specified in Art. 122 Labor Code of the Russian Federation.

If you check the letter of the law, the types of leaves under labor law are as follows:

1. With or without pay;
2. Due to pregnancy and due to the approaching birth;
3. Additional vacation days;
4. Annual – according to schedule;
5. Due to a break from school.

Each of them differs from each other in duration. In 2018, changes were made to the vacation regulations. The new rules affected state and municipal employees. According to the sample vacation regulations, if previously they were entitled to 35 days of vacation, now this figure has been reduced by 5 days.

Leave regulations

Additional leaves are provided depending on the type of activity and the employee’s length of service. Thus, according to the provisions on the provision of leave, designated persons receive additional leave according to the following criteria:

• For performing work of a special nature. Their nuances and duration are determined by the Decrees of the Government of the Russian Federation;
• If the work schedule is not standardized, then an additional 3 days are allowed;
• For the work of the VUS - 7 days of additional leave are entitled.

With regard to length of service, the following provision applies:

• Workers with 15 years of experience can count on 10 days;
• If the length of service is less than this period, but more than 10 years, then the additional rest will last 7 days;
• Employees with 5 to 10 years of experience receive 5 additional days of rest;
• From the start of work until 5 years, 1 day is required.

In practice, most believe that the first vacation can only be obtained after working for 1 year or more. But, according to Rostrud Letter 5277 of 2007. The right to vacation can be exercised after 6 months of work in a new place, and in some cases even earlier. The sample vacation regulations for 2018 do not contain fundamental changes in this area.

The regulation on granting vacations is a local regulatory act that reveals the rules for granting vacations to employees of a particular enterprise. Of course, all employers are required to provide vacation time to their employees.

This norm, as well as the procedure for providing and paying for rest, are stipulated in labor legislation. However, at many enterprises changes are being made to existing standards. These adjustments can create a more favorable environment for workers. All details are specified in the local Regulations on the provision of vacations.

Existing legislation does not oblige employers to adopt vacation provisions. However, to clarify controversial issues, such a local regulatory act can be introduced at the enterprise. Despite the fact that its content is not regulated by law, there are certain recommendations for its preparation, developed in practice.

Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law standards. This possibility is enshrined in Article 8 of the Labor Code of the Russian Federation.

However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code.

Typically, the provision specifies those aspects that are at the discretion of the employer. Among them:

• some conditions for granting additional leave;
• issues of providing rest without pay, as well as its maximum duration;
• a list of documents required to provide vacation at your own expense;
• issues of additional payments in connection with vacation.

Since the labor legislation of the Russian Federation presupposes the need to provide regular paid leave to company personnel, employers should have local acts to regulate the procedure for their provision. For this purpose, enterprises publish the Vacation Regulations - a local standard reflecting detailed information on the annual main and additional vacation.

Practice demonstrates that companies can use several local standards regulating vacation issues. Documents are expected to regulate general provisions regarding vacations, as well as separate standards for local problems (for example, Regulations on the provision of annual paid leave or Regulations on the provision of free vacations).

However, often one standard is drawn up, containing most of the nuances that need to be covered.

There is no clear legally regulated form of the Regulations. This determines the right of employers to independently formulate the form of the Regulations, taking into account the general requirements of the legislation for the preparation of local acts, as well as ensuring decent working conditions for employees.

Employers who place their employee in an official place of work must provide him with annual paid leave and any additional leave on an annual basis. This requirement is fully regulated by the provisions of the current federal legislation.

It is worth noting the fact that the law does not establish a direct requirement for approval of the vacation regulations in the organization. However, this is done on the basis of other organizational regulatory documents, which, in turn, establish the rights and responsibilities of employees, as well as their nature of interaction within the enterprise.

What the Law Says

The grounds and procedure for granting leave are regulated by the norms of the Labor Code of the Russian Federation. At the same time, the relevant regulations do not establish requirements for the direct employer to compulsorily register rest days for their employees. That is why both parties may need a sample vacation clause to agree on agreements in a timely manner.

The current labor legislation fully defines the requirements for the development and approval of a vacation schedule based on the norms of Article 123 of the Labor Code of the Russian Federation. The schedule is drawn up 2 weeks before the end of the next working year. It is important to remember that for certain categories of citizens this period can be changed individually.

Among such conditions, it is worth highlighting the mandatory allocation of additional vacation days for employees of municipal institutions and bodies belonging to the Ministry of Internal Affairs of the Russian Federation. This is due to the specific characteristics of work activity or hazardous working conditions.

Practice shows that in order to satisfy legal requirements, each employer is forced to specify them in a separate local act, taking into account the specifics of the activity.

Each employer interested in the rapid development of his own organization is obliged to provide for the formation of an appropriate regulation specifying individual situations related to the provision of vacation days or their transfer due to an employee’s illness.

In 2018, the provision in question can be formalized when granting various types of leave.

Annual paid vacation	Provided on an annual basis to persons who have worked for the organization for at least six months (during the employee’s absence from the place of employment, he retains his job for up to 28 days allocated for vacation).
At your own expense without financial support	This type of leave is issued for employees who need to be temporarily released from work obligations for certain reasons, for example, the birth of a child.
Additional	The corresponding type is issued for certain categories of employees, a complete list of which is given in the Labor Code of the Russian Federation.
Maternity leave	In the vast majority of cases, it is issued upon presentation of a special certificate from a medical institution (the duration of the vacation can be up to 140 days).
Training	Employees take out such leave to combine professional activities with obtaining an education (the rules for providing this type of leave are regulated by Article 173-177 of the Labor Code of the Russian Federation). Article 173. Guarantees and compensation for employees combining work with obtaining higher education in undergraduate programs Article 174. Guarantees and compensation for employees, combining work with obtaining secondary vocational education Article 176. Guarantees and compensations for employees receiving basic general education or secondary general education Article 177. Procedure for providing guarantees and compensation for employees combining work with obtaining education

• separate conditions for granting additional annual leave. We are not talking about those additional leaves, the procedure for providing which is regulated by law;
• the procedure for granting and deadlines for unpaid leave;
• documents required for granting vacations at your own expense.

The procedure for introducing leave provisions in an organization

The vacation regulations are an internal document of the company that discloses the regulatory requirements of the law and specifies them in a specific organization. Based on the name, aspects of the provision of vacations in the company are subject to reflection, in particular, an indication of the time interval that employees may be absent from the workplace annually.

In most cases, a sample vacation clause should include the following information:

1. Types of vacation periods (regular and additional) used in the company;
2. Duration of the rest period, specified depending on the type of leave;
3. Employees who may be granted a certain type of leave period;
4. Conditions for registration of vacations;
5. Nuances of calculating and issuing compensation payments to vacationers, calculation methods;
6. A package of documents for registration of vacations in the company;
7. Other information detailing the process of providing all types of leave to the organization.

Labor legislation stipulates that the approval of vacation regulations in a company should not worsen the situation of employees. This requirement is established by Article 8 of the Labor Code of the Russian Federation.

The application of the provision on granting leave at the initial stage requires the development of the document itself. To do this, the authorized person must carry out analytical activities to identify points requiring detail, as well as conduct discussions with employees and reflect the information received in the appropriate document.

After the regulations are developed, a schedule is drawn up and an order from the manager is issued. Employees must be familiarized with these documents against signature. To do this, employees contact the personnel service to receive relevant information and clarify the nuances if necessary.

For new employees of the company, familiarization with the document is carried out during the hiring period, but before the signing of an employment contract between the employee and the employer.

The document contains a well-designed header of paper, as well as several sections that relate to various types of leave provided to employees.

The header should include the name of the organization, full name and position of the head (director, general director, etc.), as well as the actual date of formation of the Regulations.

Sections of the Leave Regulations look like this:

If the company has a trade union formation, upon completion of the development of the draft Regulations, it must be certified by a representative of the specified body. After approval and publication of the Order, the document is considered to come into force.

After the Regulations have been drawn up and approved, a director’s order must be published, which states the obligation of company personnel to follow the introduced local standards. The said order also specifies the person responsible for the execution of this document.

The Leave Regulations and the Order granting legal force to the Regulations must be kept together. In turn, the Order in question will be an appendix to the main document.

In accordance with the provisions of Art. 68 of the Labor Code of the Russian Federation, each employee must be familiarized with the local acts being put into effect against signature even before the conclusion of an individual employment agreement.

How are holidays granted?

We discussed the specifics of providing annual paid leave, unpaid leave, maternity leave and educational leave, as well as the specifics of their registration in separate consultations.

The need to draw up vacation regulations

Vacation regulations are not drawn up in absolutely every Russian company due to the fact that labor law does not establish direct instructions and requirements for implementation regarding this.

However, an organization that has approved such a document in its activities will be able to protect itself during the period of labor disputes regarding the provision of vacations with its employees, and also consider how labor law rules apply in relation to the company’s activities.

The vacation policy approved by the company provides the opportunity for the organization’s management and its personnel to stipulate situations not covered by the law.

In order to draw up a provision, it is necessary to take into account the opinions of both parties to the labor relationship, and the conditions defined in it must not contradict the requirements of the law.

The vacation regulations may include the following types of vacations:

Approval and sample leave regulations

What the Law Says

If we talk about what constitutes vacation for an employee, then this is a continuous period of rest for an employee for several days in a row while maintaining the position held by the employee.

Many companies, when providing vacation periods for their employees, are guided only by the norms of the labor code. However, the development in an organization of such a document as a provision on the provision of vacations will make it possible to specify the legal requirements and determine the conditions for the provision of vacations in the organization.

The manager publishes an Order, based on which the Regulations are considered binding from a specific date.

Limited Liability Company "Caramel City"

ORDER No. 884/E

On approval of the Regulations on vacations for employees of Caramel City LLC

I ORDER:

1. Approve the Regulations on vacations for employees of Caramel City LLC.
2. Give legal force to the Regulations on vacations for employees of Caramel City LLC from 12/01/2018.

AND ABOUT. General Director Kazantsev S.P. Kazantsev S.P.

The Order and Regulations must be preserved in the personnel department for 75 years. Copies of the reviewed documents may be kept in different departments of the company.

It is lawful to make adjustments to the Regulations only in the event of changes in legislation or the structure of the company.

Thus, the Leave Regulations are not a mandatory document. However, employers are strongly recommended to put it into effect in order to regulate certain aspects of the provision of vacations and related funds that are not reflected in the Labor Code of the Russian Federation.

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All employers must provide vacations to employees. However, the Vacation Regulations are an unusual document for many. Is a vacation provision necessary for the employer and employee? We'll talk about this in our consultation.

Is a vacation provision necessary?

Labor legislation does not contain requirements for the employer to have a vacation policy. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues regarding the provision of vacations that are not regulated by current legislation and are left to the discretion of the parties.

Thus, the Labor Code of the Russian Federation provides for several types of holidays. which was discussed in a separate consultation. To decide what to include in the Leave Regulations, it is necessary to determine the conditions for their provision.

How are holidays granted?

What to include in the Vacation Regulations

It is advisable to reflect in the Leave Regulations those conditions for granting leave that are at the discretion of the employer. These include, for example:

• separate conditions for granting additional annual leave. We are not talking about those additional leaves, the procedure for providing which is regulated by law;
• the procedure for granting and deadlines for unpaid leave;
• documents required for granting vacations at your own expense.

Issues of additional payment in connection with vacation can be reflected both in the Regulations on vacations and in the Regulations on remuneration.

The vacation provision refers to a local regulatory act containing labor law norms. It is important to take into account that the conditions of the Leave Regulations, which worsen the situation of workers in comparison with established labor legislation, are not subject to application (Article 8 of the Labor Code of the Russian Federation).

Vacation regulations: sample

The vacation regulations can both disclose issues related to the provision of all types of vacations to employees, and clarify only certain aspects. Thus, an organization may have a Regulation on annual additional paid leave, a Regulation on unpaid leave, and others.

Example of a Regulation on annual additional paid leave.

Also read:

Leave regulations

These Regulations determine the procedure for granting, registering and paying for vacations and their duration and apply to all employees of LLC "____" (hereinafter referred to as the Company). The provision was introduced for the first time.

I. Duration of annual leave

1.1. Annual paid leave is provided to the Company's employees for a period of at least 24 calendar days.

1.2. Employees working under a fixed-term employment contract are provided with additional incentive leave of up to 5 calendar days in accordance with clause 2.5. Decree of the President of the Republic of Belarus No. 29 of July 26, 1999 and Article 160 of the Labor Code of the Republic of Belarus.

1.3. Employees for whom an irregular working day is established are granted additional leave for an irregular working day of up to 7 calendar days in accordance with Article 158 of the Labor Code of the Republic of Belarus.

1.4. Employees who have a long work experience in the Company of more than 5 years are granted additional leave for long work experience of up to 3 calendar days in accordance with Article 159 of the Labor Code of the Republic of Belarus.

1.5. Employees engaged in work with harmful and (or) dangerous working conditions, based on the certification of workplaces for working conditions, are granted additional leave for work with harmful and (or) dangerous working conditions.

The duration of additional leave for work with harmful and (or) dangerous working conditions and for the special nature of the work is established by Resolution of the Council of Ministers of the Republic of Belarus dated January 19, 2008 N 73.

1.6. The procedure, conditions for granting and duration of additional leave are determined by the employment contract with the employee.

1.7. An employee has the right to additional paid days of rest in the following cases:

- death of a close family member - 2 days;

- serious illness of a close family member - 1 day (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official certificate from a doctor);

— employee’s wedding — 2 days;

- birth of a child - 1 day.

Within the framework of these Regulations, close family members are recognized as: husband, wife, children, parents, brother, sister.

1.8. Additional paid days of rest are provided if the cases listed in clause 1.7 occur on a working day. The total number of additional paid days off should not exceed 7 (seven) days per year. If these days are not used, they cannot be added to annual leave.

1.9. For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.

1.10. Leave without pay is granted for a total duration of no more than 14 working days per working year.

1.11. Vacations are calculated according to the calendar, including weekends (holidays that fall during vacations are not included and are not paid).

1.13. Employees hired by the Company on a part-time basis are not provided with additional leave for irregular working hours.

1.14. The actual time worked by each employee is recorded in the time sheet.

II. The procedure for granting vacations

2.1. The provision of vacation to the Company's employees is carried out in accordance with a pre-approved vacation schedule.

2.2. At the beginning of the year, each department must draw up employee vacation schedules for the current calendar year.

2.3. The vacation schedule is approved by the head of the Company and agreed upon with the head of the personnel department.

2.5. When drawing up vacation schedules, you should consider:

2.6. The employer is obliged to notify the employee of the start time of the labor holiday no later than 15 calendar days in advance.

2.7. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel service. In this case, the Employee must write a statement no later than 1 month before the expected start date of the vacation. Adjustments to vacation dates are permitted in the presence of valid reasons and in agreement with the Director of the Company only as an exception.

Read also: How to open a sick leave on a day off

2.8. The application for leave is submitted on the day it is written to the head of the organization. The immediate supervisor endorses the leave application based on his own decision on the possibility of granting leave. If the employee’s requested vacation is related to departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are negotiated with the immediate supervisor in advance before the employee assumes additional obligations related to the departure.

2.9. The original application must be submitted to the personnel service on the day it is signed by the director of the Company.

2.10. Two days before going on vacation, the employee transfers matters to the employee temporarily replacing him.

2.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.

2.12. The right to receive annual leave for the first year of work in the Company is granted to employees after 6 months of work lasting no more than 14 calendar days. If necessary, leave may be granted before the expiration of 6 months for the time actually worked at the discretion of the immediate supervisor.

2.13. The employee, first of all, uses annual leave for the time actually worked, and then unpaid leave.

2.14. The head of a department going on vacation is obliged to assign his duties to one of the employees of the assigned department during his absence.

2.15. Postponement of vacation for more than one year is not allowed. Earned vacation days, if not used at the employee’s initiative, are not compensated.

2.16. Time off is provided to employees for additional hours or days of work not provided for in the daily work schedule of the department or employee.

2.17. The employee must inform the head of the department in advance about the dates of his days off.

2.18. Time off is paid according to the average salary. Bonuses accrued to a department for a period of time are calculated in proportion to the time worked for this period.

2.19. All issues not regulated in these Regulations are resolved in accordance with the current legislation of the Republic of Belarus and labor contracts with employees.

2.20 Changes and additions to the Regulations are developed based on the results of its application in the Company or when the requirements of regulatory documents on the basis of which the Regulations were developed change.

Attachments to the document:

What other documents are there:

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Adjustments have been made to

Regulations on annual additional paid leave

1. General Provisions

1.1. This provision establishes the grounds, conditions and procedure for granting employees of [name of organization] annual additional paid leave (hereinafter referred to as employees, additional leave).

1.2. This provision has been developed and approved in accordance with the Labor Code of the Russian Federation, [indicate regulations governing the provision of additional leave to employees of organizations of the relevant profile, for example, Resolution Government of the Russian Federation dated December 30, 1998 N 1588 “On establishing for general practitioners (family doctors) and nurses of general practitioners (family doctors) an annual additional paid 3-day leave for continuous work in these positions”].

1.3. Additional leave must be provided to the employee annually.

1.4. The right to use additional leave for the first year of work arises for the employee after six months of his continuous work in [name of organization].

1.5. By agreement of the parties, additional leave may be granted to the employee before the expiration of six months.

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

- for women - before maternity leave or immediately after it;

- workers under eighteen years of age;

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

- persons working part-time (vacations are granted simultaneously at the main job and at a part-time job; if the employee has not worked six months at a part-time job, then the leave is granted in advance).

1.7. Additional leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in [name of organization].

1.8. Additional leaves are provided with the preservation of the place of work (position) and average earnings.

1.9. Payment for additional vacations not related to work activities is financed from the budget.

1.10. Additional vacations are calculated in calendar days.

1.11. Non-working holidays falling during the period of additional leave are not included in the number of calendar days of additional leave.

1.12. When calculating the total duration of annual paid leave, additional leaves are summed up with the annual main paid leave.

1.13. Additional leave is provided in accordance with the vacation schedule.

1.14. Newly hired employees who are not included in the schedule are granted additional leave upon their application, agreed upon with their immediate superior.

1.15. Additional leave must be extended or postponed to another date in the following cases:

— temporary disability of the employee;

— the employee performs state duties during vacation, if labor legislation provides for exemption from work for this purpose;

- [other cases provided for Labor legislation. local regulations].

1.16. In accordance with current legislation, additional leave is provided to the following categories of employees: [select taking into account the characteristics of the organization’s activities]

— workers engaged in heavy work and work with harmful and (or) dangerous working conditions;

- employees with a special nature of work;

— workers with irregular working hours;

- employees working in the Far North and equivalent areas;

— [other categories of workers, for example, workers who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant or as a result of nuclear tests at the Semipalatinsk test site; additional holidays may also be provided for in the regulatory legal acts of the constituent entities of the Russian Federation].

1.17. Additional vacations are provided at [name of organization]:

[set taking into account the production and financial capabilities of the employer, for example, for social activities, for long work experience in the organization, etc.].

2. Work experience giving the right to additional leave

2.1. The length of service that gives the right to additional leave includes:

— time of actual work;

- the time 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 annual paid leave, non-working holidays, days off and other rest days provided to the employee;

— time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

— the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;

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

2.2. The length of service that gives the right to additional leave does not include:

- the time an employee is absent from work without good reason, including due to his removal from work in cases provided for in Art. 76 Labor Code of the Russian Federation;

Read also: Employment contract with financial responsibility - sample

— time of parental leave until the child reaches the legal age.

2.3. The length of service that gives the right to additional leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

In this case, only those days are taken into account when the employee actually worked in these conditions for at least half of the working day established for employees of a given production, workshop, profession or position.

2.4. The length of service that entitles workers who travel to perform work on a rotational basis to the regions of the Far North and equivalent areas from other areas to additional leave includes calendar days of shift in the Far North and equivalent areas and actual days on the road provided for by the shift work schedules.

3. Vacation pay

3.1. For the purposes of calculating vacation pay, the calculation period is used, which covers the last 12 calendar months before the granting of vacation.

3.2. A calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive) [other periods can be provided for calculating the average salary, if this does not worsen the situation of workers].

3.3. To calculate average earnings, all types of payments provided for by the remuneration system are taken into account.

3.4. The calculation does not include social payments and other payments not related to wages (material assistance, payment for the cost of food, travel, training, utilities, recreation, etc.).

3.5. Time, as well as amounts accrued during this time, are excluded from the billing period when:

A) the employee retained his average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child provided for by the labor legislation of the Russian Federation;

B) the employee received temporary disability benefits or maternity benefits;

C) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and employee;

D) the employee did not participate in the strike, but due to this strike he was not able to perform his work;

E) the employee was provided with additional paid days off to care for disabled children and people with disabilities since childhood;

E) in other cases, the employee was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

3.6. Vacation pay accrued to an employee for additional vacation is subject to personal income tax in accordance with the generally established procedure.

Amounts of payment for additional leave associated with compensation for harm caused to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and the disaster at the Chernobyl nuclear power plant are not subject to personal income tax.

4. Procedure for granting additional leave

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

4.2. Procedure for granting additional leave:

5. Additional leave for employees engaged in heavy work and work with harmful and (or) dangerous working conditions

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

5.2. Additional leave is provided:

Duration of additional leave

[based on the results of certification of workplaces for working conditions;

Cm. List industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22]

[at least 7 calendar days]

5.3. Additional leave is provided based on the results of workplace certification for working conditions.

5.4. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.

5.5. Replacement of additional leave with monetary compensation is not allowed (with the exception of payment of monetary compensation for unused leave upon dismissal).

6. Additional leave for employees with a special nature of work

Leave regulations

1. General Provisions

1.1. All employees of the Company have the right to annual leave.

1.2. Paid days off are provided to employees to give them the opportunity to rest and attend to personal matters.

2. Payment and provision policy

2.1. As soon as an employee begins work for the Company, he begins to earn paid vacation time.

2.2. An employee can take vacation days after working for the Company for more than six months.

2.3. Annual leave can be taken by an employee in accordance with the vacation schedule developed by each division and approved by the head of the Company no later than December 14 of the previous year.

2.4. Unused (in whole or in part) vacation for the past year can be transferred to the current year.

2.5. Cash compensation for unused (in whole or in part) vacation is provided only if the employee submits an application for termination of the employment relationship.

2.6. Paid leave is not provided during the probationary period.

2.7. An employee of the Company cannot be recalled from vacation unless this is caused by important circumstances.

2.8. If an employee is recalled from annual leave, he will be reimbursed for actual travel expenses to and from work if, after the recall, he continues the said vacation in the same place where he spent it before the recall.

3. Procedure for granting leave

3.1. The provision of vacation to the Company's employees is carried out in accordance with a pre-approved vacation schedule.

3.2. At the beginning of November-December of the current year, employee vacation schedules for the next calendar year should be drawn up in each department.

3.3. The vacation schedule is approved by the head of the organization and agreed upon with the head of the HR department.

3.5. When drawing up vacation schedules, you should consider:

— policy in the field of providing vacations in the Company;

— features of the department’s work;

— personal wishes of employees.

3.6. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel service.

3.7. The employee must write a statement no later than 1 month before the expected start date of the vacation.

3.8. The application is submitted on the day it is written to the head of the organization.

3.9. The original application must be submitted to the personnel service on the day it is signed by the General Director of the Company.

3.10. Two days before going on vacation, the employee hands over his site to the employee temporarily replacing him.

3.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.

4. Special circumstances related to paid

or unpaid leave

4.1. Special circumstances related to paid and unpaid leave in accordance with the law, for example, maternity leave, military service, performance of state or public duties, must be brought to the attention of the head of the Company and the head of the personnel service as early as possible.

4.2. Such cases are resolved in accordance with current legislation.

5. Weekends and Holidays Policy

5.1. The Company recognizes the following days off as Saturday, Sunday, official government and national holidays of the Russian Federation.

5.2. The transfer of days off is carried out in accordance with the regulations of the Government of the Russian Federation.

5.3. The personnel service notifies department heads in the form of an order about the transfer of days off two weeks before the transfer of days off.

5.4. An employee has the right to additional paid days off in the following cases:

- death of a close family member<1>- 3 days;

- serious illness of a close family member - 3 days (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official doctor’s certificate);

— employee’s wedding — 2 days;

- birth of a child - 3 days;

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

Article 115. Duration of annual basic paid leave

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

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

Article 116. Annual additional paid leave

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 120. Calculation of the duration of annual paid leave

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

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

When calculating the total duration of annual paid leave, additional paid leave is summed up with the annual main paid leave.

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

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

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

actual work time;

the time when the employee did not actually work, but 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 the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

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

the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;

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

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

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

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

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

time of parental leave until the child reaches the legal age;

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

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

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

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

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

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

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

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

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

Article 123. Sequence of granting annual paid leave

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

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

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

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

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

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

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

Article 124. Extension or postponement of annual paid leave

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

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

temporary disability of the employee;

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

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

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

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

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

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

In exceptional cases, when 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.

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

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

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

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

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

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

Article 126. Replacement of annual paid leave with monetary compensation

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

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

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

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

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

By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that until the entry into force of Convention N 132 of the International Labor Organization “On Paid Leave”, the provisions of this article continue to apply that upon dismissal, the employee is paid monetary compensation for all unused vacations.

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

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

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

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer.

Article 128. Leave without pay

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

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

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

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

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

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

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

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