According to Article 115 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with paid leave of 28 days annually. The employee retains his position and average salary. This vacation is the main one.
There may also be additional and extended leave, the provision of which is regulated by the Labor Code and local regulations adopted at the enterprise. The provision of leave is guaranteed to every citizen working under an employment contract by the Constitution of the Russian Federation (Part 5 of Article 37), regardless of the place of work and form of organization.
All categories of employees have the right to use vacation:
- permanent;
- temporary;
- seasonal;
- home workers;
- working part-time.
To establish the procedure for granting leave, length of service is taken into account.
Article 121 of the Labor Code contains a list of periods that are counted towards length of service:
- time of direct work in the organization;
- the time the employee retains the average salary and position - sick leave, main leave, etc.;
- vacation time without pay (vacation at your own expense), with a limit of 14 days. From the 15th day of such leave, length of service will no longer be counted.
Periods not included:
- absenteeism without good reason;
- parental leave;
- vacation without saving average earnings for more than 14 days.
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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)
We appoint a person in charge
Let’s say the issue of granting the next working holiday has been resolved, and even a sample order for the general director’s leave is ready. All that remains is to decide who will be entrusted with the duties. In order for the organization to operate without interruptions, and the boss not to have to be recalled to sign contracts and solve other organizational problems, it will be necessary to delegate authority to one of the company’s employees.
This can be any specialist, regardless of his position, professionalism, level of education and qualifications. Let us remind you that the current labor legislation does not provide a list of positions to which it is recommended to assign managerial responsibilities. Consequently, the decision is made by the leader himself.
If the boss has deputies (the positions are provided for in the institution’s staffing table), then it is preferable to delegate authority to one of the deputies, since an employee of this category has a number of advantages over other subordinates. However, we repeat, this is not necessary.
Example
IMPORTANT!
It is permissible to approve an order for the general director’s leave without assigning responsibilities. That is, no one will fulfill the powers and official responsibilities of management.
It is also not necessary to issue an order to delegate the powers of the director if the deputy’s employment contract stipulates that he must perform the duties of the director in his absence.
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.
Required documents
When your boss leaves, you need to prepare:
- The decision of the company owners, if the director is hired; if the owner - go straight to the second point.
- Vacation order.
- A normative document on the temporary assignment of the duties of the first person to another employee, for example, to the first deputy.
- A power of attorney to represent interests, which may be needed, for example, in court or a bank (for a court, an order for temporary performance of duties will not be enough, see Letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07/1-227).
It is also necessary to take care of the manager’s vacation pay in advance, which should be transferred to him three days before leaving for vacation.
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.
Results
Thus, the procedure for applying for leave in the first year of work will include the following steps:
- First of all, it is advisable to discuss the issue of going on vacation with your boss in advance. It is quite possible that he does not have any objections on this matter. Moreover, the employer may be able to provide the entire vacation if the employee has such a need.
- Next, a standard written application for a vacation period must be prepared in the name of the director, in free form, with the obligatory indication of the exact number of days of rest.
- The director, based on the application received from his employee, must prepare an order for granting leave, as well as other internal documents of the company.
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.
Manager and owner rolled into one
If the head of an enterprise or organization is the sole founder of the company, then he independently decides in which month he should rest.
The owner does not need to write any official statements. The situation in which the manager’s vacation does not coincide with the approved vacation schedule is no exception. Even if the authorities wanted to rest contrary to the approved plan, an application is not needed.
An order for the general director's leave with the assignment of responsibilities is prepared in advance. This administrative document must be signed by the general director himself.
IMPORTANT!
In addition to the order on the delegation of powers, in some cases it will be necessary to issue a power of attorney. For example, to represent the company’s interests in tax authorities or other government agencies. A power of attorney may also be requested by business partners to confirm the authority of the attorney, for example, to sign a contract.
Example: unified form T-6
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 have 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)
Leaving ahead of schedule
According to the Labor Code, the employer has the right to grant his subordinates leave ahead of the required period.
There are no legal grounds for an employee to receive leave earlier than six months of work, however, certain categories of employees named in the third part of Article 122 enjoy exclusive rights in this regard. Among these categories:
- minors;
- adoptive parents of infants (up to three months of age);
- women who are expecting a child;
- others determined by federal legislation.
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)
Error three
The organization incorrectly resolves the issue of dividing vacation into parts when drawing up a vacation schedule.
By agreement between the employee and the employer, annual paid leave can be divided into parts (Part 1 of Article 125 of the Labor Code of the Russian Federation). However, not everyone correctly understands how this agreement is achieved. In organizations and enterprises, this practice is widespread when employees receive wishes for a vacation schedule, and then the approved schedule (with vacations divided into parts) is communicated to the employees for signature. With this “technology” the main requirement of the law is not met - a bilateral agreement on dividing the vacation into parts is not reached before the vacation schedule is approved.
One solution to this issue may be for the employee to contact the employer in the form of a written application and obtain a corresponding resolution. Only a positive resolution from the manager on the employee’s application allows part of the vacation to be included in the vacation schedule, and not its continuous period.
