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Article 125. Division of annual paid leave into
parts. Review from vacation
By agreement between the employee and the employer, the annual
paid leave can be divided into parts. At the same time, at least one of
parts of this leave must be at least 14 calendar days.
Recall of an employee from vacation is permitted only with his consent.
The part of the leave unused in connection with this must be provided according to
choosing an employee at a time convenient for him during the current working year or
added to vacation for the next working year.
It is not allowed to recall workers under the age of
eighteen years of age, pregnant women and workers engaged in work with hazardous
and (or) hazardous working conditions.

Vacation is divided into parts only according to
agreement between the employer and the employee, if you do not agree, respectively
The application indicates 28 days. If the application is not signed, then contact
work. inspection and prosecutor's office.

Currently, it is common practice to provide leave in installments. Dividing vacation into parts is a right, not an obligation, of the employee and is possible only by agreement between the employee and the employer (Article 125 of the Labor Code of the Russian Federation)

Therefore, the inclusion in local regulations (for example, in internal labor regulations) of provisions that annual paid leave is provided to the employee in installments will be a violation of labor legislation. If you wish to divide the leave into parts, specific dates and terms of provision are agreed upon between the employee and the employer through negotiations. Part 1 art. 123 of the Labor Code establishes the deadline and procedure for approving the vacation schedule.

The vacation schedule is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year. The employer, to the extent that it does not violate the rights of employees, has the right to vary the time of vacation, based on the sustainability of the enterprise. As a general rule, the time an employee uses vacation is determined by the employer. However, for some categories of employees the employer is required to provide vacation at certain times. We are talking about people who need special social support, so they should be given leave at their request at a time convenient for them: If the employee is not satisfied with the vacation time established in the schedule, he can ask the employer and the relevant elected body of the primary trade union organization to change it . With the consent of the employee, the time for going on vacation can be changed at the initiative of the employer.

How many days of vacation are allowed per year?

As a general rule, the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is this 28 calendar days or working days? Annual basic paid leave is calculated in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing vacation into parts

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be carried out in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

How long is an employee’s vacation, including weekends and holidays?

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

Unlike regular weekends, holidays and non-working days are not included in the duration of vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. writes an application for June 6-13 - 8 calendar days, only 7 calendar days will be counted and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: number of days according to law and local regulations

The specified duration of vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (clause 2 of Article 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who has the right to apply for extended basic leave and how many days of leave should be provided to these persons is indicated in the table.

Category of workers	Number of vacation days according to the Labor Code and other legislative acts
Workers under 18 years of age	31 calendar days. Leave must be granted at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Teaching staff	42 or 56 calendar days depending on the position held and the type of educational organization where the teacher works (Article 334 of the Labor Code of the Russian Federation, clause 3, part 5, article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation dated May 14, 2015 No. 466)
Researchers with an academic degree	— 48 working days for doctors of science; — 36 working days for candidates of science. The specified extended leaves are provided to scientific workers holding full-time positions in a scientific institution (organization) financed from the federal budget (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949)
Workers working with chemical weapons	56 or 49 calendar days depending on the group of work to which the employee’s activities are assigned. The assignment of work to the first or second group depends on the degree of their danger (Article 1, 5 of the Law of November 7, 2000 No. 136-FZ)
Workers of professional emergency rescue services and units	30, 35 or 40 days, depending on the length of continuous work experience in professional emergency rescue services and units (clause 5 of Article 28 of Law No. 151-FZ of August 22, 1995)
Health care workers at risk of human immunodeficiency virus infection	36 working days for employees of healthcare organizations diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, taking into account additional annual leave for work in hazardous working conditions (clause 4 of the Government Decree RF dated 04/03/1996 No. 391)
State civil servants	30 calendar days (Part 3 of Article 46 of the Law of July 27, 2004 No. 79-FZ)
Prosecutors, scientific and teaching staff of the prosecutor's office	clause 1 art. 41.4 of the Law of January 17, 1992 No. 2202-1).
Employees of the Investigative Committee serving in areas other than those with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (Part 1 of Article 25 of the Law of December 28, 2010 No. 403-FZ).

Additional leave

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation in.

How many days is “northern” vacation according to the law?

How many days does a northerner's vacation last? Usually more than for non-northern workers. After all, “northerners”, firstly, are provided with basic annual paid leave - of standard duration or extended in the above cases. And secondly, they are granted additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

• in the Far North - 24 calendar days;
• in areas equated to regions of the Far North - 16 calendar days;
• in other regions of the North, where the regional coefficient and percentage increase in wages are established, - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

By the way, both regular annual paid leave and extended, as well as additional “northern” leave can be provided to employees in advance (

Calculation of vacation days in 2019 - an example and a general algorithm for how vacation is calculated can be found in our article. And of course, you will find out whether anything has changed in this calculation since 2019.

How the duration of vacation is calculated: basic rules

• when sending an employee on vacation and issuing him vacation pay;
• payment of compensation for unused vacation upon dismissal or without it.

In both cases, the calculation of calendar days of vacation occurs according to the general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, this is the period of time provided for rest for employees of most companies.

Vacation is extended for days of illness, performance of government duties, and in some other cases (Article 124 of the Labor Code of the Russian Federation).

• employees under 18 years of age;
• municipal and civil servants;
• educational staff;
• disabled people;
• drug control officials;
• investigators and prosecutors working in areas with special climates;
• other categories of workers.

An organization can set a different vacation duration by recording this in a local document.

Study the nuances of providing additional leave using materials from our website:

• “Additional leave for irregular working hours” ;
• “The Supreme Court clarified how to calculate the duration of additional vacations” .

Thus, the first thing you need to do before calculating calendar days for calculating vacation is to determine the employee’s length of service in the organization.

IMPORTANT! In general, a person can take vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can go on vacation earlier. Holidays for subsequent years are provided at any time according to the vacation sequence established by the employer.

After the length of service has been calculated, it is necessary to determine how many days according to the vacation calendar the employee is entitled to count. You need to proceed from the following: with the generally accepted 28-day vacation provided in calendar days, for each month worked the employee is entitled to 2.33 days of vacation (28 days / 12 months).

Calculating vacation time

We begin counting the length of service from the date the vacationer was hired. In other words, the calculation is carried out not according to calendar years, but according to so-called working years.

Example

For an employee who was employed on 04/11/2019, the first working year will be the period from 04/11/2019 to 04/10/2020, the second - from 04/11/2020 to 04/10/2021, etc.

When calculating vacation days for an employee’s worked period, we take into account the time when he:

• worked directly;
• did not actually work, but his position was retained;
• was on vacation at his own expense (but no more than 14 calendar days per year);
• forced to skip work due to illegal dismissal or suspension;
• was suspended without undergoing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded when calculating vacation pay is partly positive. So, we exclude from the experience:

• periods of unpaid leave exceeding 14 days;
• "children's" holidays;
• time away from work without good reason.

Example

The employee was hired by the organization on July 11, 2017 and worked until March 21, 2019, without vacation. He was sick from 02/12/2019 to 02/21/2019.

First, the number of months in the worked period is determined.

12 months (07/11/2017 - 07/10/2018) + 8 months and 10 days (07/11/2018 - 03/21/2019) - 10 days of illness = 20 months.

Number of vacation days: 28 / 12 × 20 = 46.67 days.

How to correctly calculate the vacation period if it falls on a holiday

In Art. 120 of the Labor Code of the Russian Federation establishes a rule according to which non-working holidays that fall on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

1. The vacation period is indicated by its start date and the number of calendar days. In this case, the employee returns from vacation 1 day later.

Example

Leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start work not on March 18, 2019, but on March 19, 2019.

1. The vacation period is indicated by its start and end dates. In this case, the days of rest used are considered to be the days of the corresponding time period minus holidays.

Example

Leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls during this period, the vacation is considered to be used in the amount of 13 days.

When making calculations for vacation in an incomplete month, you should also take into account calendar days that fall within the period worked, and not just working days (actually worked). Thus, holidays, as well as weekends that do not fall under the periods listed in paragraph 5 of the Regulations approved by government decree No. 922 dated December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend your vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let us give an example of calculating the days of the billing period for vacation in 2019, taking into account the subtleties and nuances outlined above.

Let’s say an employee got a job at the company on June 17, 2016.

During his work period he:

• was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
• took vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
• was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

On January 15, 2019, he decided to quit, having previously taken off all the days that he did not use during his work.

When the calculation period has not been fully worked out, the following formula is applied:

SDZ = ZP / (29.3 × MP + KD),

MP - fully worked months;

CD - calendar days in an incomplete month.

The CD value is determined by the formula:

KD = 29.3 / KDo × KDr,

KDO - calendar days in an incompletely worked month;

KDr - calendar days in the same month that fall during work.

Example

The employee worked for the company for 7 full months and 20 days in a 30-day month, and before resigning he decided to take his allotted vacation. During the period of work he was accrued 253,000 rubles. The average daily earnings in this case will be:

SDZ = 253,000 / (29.3 × 7 + (29.3 / 30 × 20)) = 253,000 / (29.3 × 7 + 19.53) = 1,126.30 rubles.

If at the start of the vacation the employee had no earnings and no working days, then the formula is applied:

SDZ = O / 29.3;

O - official salary or tariff rate (clause 8 of regulation No. 922).

Calculation of vacation in 2019: total amount of vacation pay

Vacation pay is calculated using the formula:

OTP = SDZ × CHDO,

SDZ - average daily earnings;

NDO - number of vacation days.

Example

From March 21, 2019 to April 17, 2019, the employee was granted 28 days of vacation. The period from 03/01/2018 to 02/28/2019 has been fully worked out. An employee receives a monthly salary of 32,000 rubles. In December 2018, he was awarded a bonus of 5,500 rubles. based on the results of work in November 2018.

Salary = 32,000 × 12 + 5,500 = 389,500 rubles.

SDZ = 389,500 / 12 / 29.3 = 1,107.79 rubles.

OTP = 1,107.79 × 28 = 31,018.12 rubles.

NOTE! If errors are identified in the calculation of vacation pay, they should be recalculated. If you overpay, you must deduct it from the employee’s salary strictly with his consent. If you underpay, pay extra.

How to calculate vacation pay for the year if the billing period includes months with no income or only those that are excluded from the calculation? Actions here will depend on the availability of income in other periods:

• if it was present in the periods preceding the calculation period, then the calculation period is shifted to those months when the income was;
• if there was no income in the previous billing periods, then the calculation is made based on the data for the days worked in the month of going on vacation;
• if there is no income even in the month of going on vacation, then the calculation is based on the salary (tariff rate).

For the first option, the formulas for calculating vacation pay will be the same as those given in the previous section.

• for the second option, from the terms shown in brackets, the one obtained as the product of the number 29.3 by the total number of months in the billing period will disappear;
• in the third option, income will be replaced by the salary (tariff rate), and instead of the part contained in brackets, the number 29.3 will have to be used.

Vacation calculation: features

Premiums that form part of the income paid are included in the calculation in a special manner, depending on:

• from the period with which their accrual is associated;
• grounds for accrual;
• the fact of accounting for the time of actual work when calculating.

These circumstances determine the possibility of accounting for bonuses accrued in the billing period in income:

• monthly - in full, but only on one of several identical bases for calculation;
• accrued for a longer period - in full in relation to each of the indicators, if the period of its accrual is fully included in the calculation period, and with a calculation that provides for the allocation of a part corresponding to the number of months of the calculation period, if the latter turns out to be less than the period for calculating the premium;
• annual - in full, if their accrual is related to the year preceding the year of calculation of vacation pay;
• when calculating which, work time was taken into account - in full, but recalculated in proportion to the time worked in the billing period, if such consideration was not made when calculating the bonus.

And when calculating vacation pay, you need to take into account the increase in salaries in the organization. In this case, vacation pay is calculated taking into account the increasing coefficient.

NOTE! Recalculation of vacation pay, taking into account the increasing factor, is carried out only if the salary has increased simultaneously for all employees of the enterprise, department or branch (clause 16 of Regulation No. 922).

For employees performing seasonal work or hired under an employment contract for a period of no more than 2 months, leave is calculated in working days. Average daily earnings are calculated as follows:

SDZ = ZP / DS,

DS is the number of working days on a six-day basis.

The total amount is determined by the formula:

OTP = SDZ × CHDOr,

CHDOr - the number of days of vacation granted in working days.

For each month worked, conscripts are entitled to 2 days of vacation (Article 295 of the Labor Code of the Russian Federation).

Example

Painter P.V. Soldatov was accepted into the organization for the period from 03/01/2019 to 04/08/2019.

According to the application, he was granted leave for 2 days - April 9 and 10 - with further dismissal. The employee’s salary under the contract was 37,000 rubles.

The accountant calculated the number of days for the calculation according to the six-day schedule. It is equal to:

SDZ = 37,000 / 32 = 1,156.25 rubles.

OTP = 1,156.25 × 2 = 2,312.50 rubles.

Results

Calculating vacation days and payment for it is easy. The main thing is to know the basic rules (and, as we see, they have not changed in 2019) and take into account some, for example, “holiday” nuances. The rest, as they say, is a matter of technique.

Annual additional paid (as amended by the Federal Law of June 30, 2006 N 90-FZ) (as amended by

Federal Law of June 30, 2006 N 90-FZ) Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions (as amended by

Federal Law of June 30, 2006 N 90-FZ) (part two as amended.

Federal Law of June 30, 2006 N 90-FZ) Article 118.

How many days of regular vacation are required under the Labor Code?

If you want to find out how to solve your particular problem, contact a consultant: Legislative regulation of the issue Also, in accordance with the agreed article, the employee, despite being absent from the workplace due to the use of rest, retains both the place of work and the average earnings calculated for the 12 months preceding registration Duration of the period of release from work Also, the norms of the Labor Code of the Russian Federation provide for the possibility of dividing the annual into parts on the basis of Article 125 of the Labor Code of the Russian Federation, but only if certain conditions are met.

In this case, Saturday and Sunday will automatically add up to a week. This way, you can save 2 calendar days of vacation each week!

Tempting? Otherwise! To clarify the situation, let's take a look at the Labor Code of the Russian Federation: Article 120. Calculation of the duration of annual paid vacations The duration of annual basic and additional paid vacations of employees is calculated in calendar days and is not limited to a maximum limit.

The procedure for providing rest and how many days employees are entitled to by law are established in Chapter 19 of the Labor Code of the Russian Federation.

The Code contains the procedure for granting leaves, their types, duration depending on the category of persons or jobs, the possibility of receiving compensation and other important conditions for employees. Paid annual leave is provided to: Full-time employees.

Also, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (clause

2 tbsp. 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).

At the same time, certain categories of workers, according to the law, must be provided with a longer duration. Read below about how many days they are allotted per year. Extended leave under the Labor Code 2019: how many days Who has the right to apply for extended leave and how many days of leave should be provided to these persons is indicated in the table.

Vacation under new rules

Labor and the ILO It is interesting to note that of the 183 member countries of the ILO, only 35 countries have so far acceded to Convention No. 132.

These do not include countries such as the USA, Canada, France, Great Britain, etc.

In addition to Russia, some developed European countries - Germany, Italy, Spain, Sweden - have joined the Convention. In addition, developing countries such as Yemen, Malta, Armenia, Ukraine, etc. are also participants.

Why is vacation 28 days?

We didn't find the answer to your question! Ask our expert a question (free) ask a question This will take you 2 minutes...days. Although some enterprises are ready to give 28 days for rest.

But the fixed duration of the vacation... ... in September I go on vacation on May 15th... that I only have 35 calendar days... and the transfer went over why there are so few days

Lawyers' answers (1)

Labor Code of the Russian Federation, Article 115. Duration of the annual basic paid

Annual basic pay is provided to employees for a period of 28 calendar days.

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

Labor Code of the Russian Federation, Article 125.

Dividing the annual payment into parts. Review from

By agreement between the employee and the employer, annual paid leave can be divided into parts.

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

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

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

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

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

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

actual work time;

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

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

Article 126. Replacement of annual paid leave with monetary compensation

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

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

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

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

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

By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that 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.