How is vacation spent? If an employee does not take time off this year, does it accumulate and is it carried over to the next year? And how can it be used later?

What is unused vacation?

Where does unused vacation come from?

? According to the Labor Code of the Russian Federation, employers are required to annually allocate paid vacation days to their employees. There are 28 of them per year, which can be divided into periods of 14 days.

But employees do not always have time to use them for various reasons. The Labor Code provides for the possibility of transferring vacation days to the next year.

You can transfer your vacation to the next year if there are reasons not to go on vacation. But vacation days do not remain fireproof; there is a statute of limitations. And an example of calculating unused vacation will be relevant if an employee plans to add the days remaining from last year to a new vacation or quits and expects to receive financial compensation.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave
• Notice of granting leave to an employee: sample 2021

Paperwork

To properly arrange your vacation, you will need the following documents.

Statement written on behalf of the employee

The application can be submitted either in free form or on company letterhead . There is no established form at the legislative level.

In order to timely accrue payment of vacation benefits, the document must be drawn up in advance, namely three days before the start of the vacation.

The rules for writing a document are standard . These include:

1. Filling out the document header in the upper right corner. The last name, first name and patronymic, as well as the position of the authorized person to whom the request is addressed, are indicated here.
2. Then the personal information of the worker is recorded, namely the full name and position of the employee.
3. In the middle is the name of the document - a statement.
4. The line below sets out the request for leave in advance, indicating the name, reason and start date.
5. If an article of the Labor Code of the Russian Federation is written down, on the basis of which the provision of leave is mandatory, then this is welcome.
6. Finally, the initiator signs and dates it.

Order

Attention! The order can be issued on the company’s letterhead, and the use of the unified T-6 form is also allowed.

The order must contain the following information:

1. title of the document (order);
2. name of the enterprise with legal form (LLC, individual entrepreneur, etc.);
3. personal personal data of the employee (full name, personnel number, department, position);
4. date of document generation;
5. a note that leave is provided in advance;
6. number of days and start and end dates of vacation;
7. visas of responsible persons with transcripts;
8. signature of the employee after reading the transcript.

How is vacation not taken off?

Regardless of any factors, vacation accrued over the past years will not be expired.

. The employer is obliged to act as a guarantor that if the employee does not take vacation in 2021, then it will not be lost. But this does not apply to every year. Transfer is possible for a maximum of one year. The number of days of unused vacation is transferred to 2021. The days can be used as time off or added to a new annual holiday.

The number of days of unused vacation is retained, even if the employee went on additional educational or maternity leave during the year. The right to rest according to the Labor Code of the Russian Federation is inviolable

, in any case, the unused part of the vacation is transferred to the next year.

Results

Thus, in matters of burning out vacation time, one should take into account not only the provisions of Article 124 of the Labor Code of the Russian Federation, but also the more stringent norms of the ILO Convention. Vacation does not expire in any case, however, we recommend that employers avoid situations where an employee has days of vacation left, since in this case there is a possibility of receiving an administrative fine.

Sources:

• Labor Code of the Russian Federation
• Convention of the International Labor Organization “On paid holidays” dated June 24, 1970 No. 132

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Is it possible not to go on vacation?

The employee can reschedule vacation and continue working during the current year. But to completely refuse a vacation, compelling reasons are required, such as:

• the presence of urgent work that only this specialist can perform;
• insufficient number of employees for the vacation period;
• crisis in production;
• difficult financial condition of the company.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If the signed employment contract allows, then the employee may not take vacation this year on his own initiative, and not only for good reasons from management. Unused days also do not expire.

In what order is it provided?

The labor legislation of the Russian Federation does not contain any requirements regarding the sequence of use of labor holidays. In any case, it is worth remembering that first of all it is necessary to use the vacation for the next working year.

This must be done so that it does not go into the accumulated category, since using vacation days over the past years to the detriment of current years loses all sense of eliminating accumulated vacation days.

Therefore, by agreement with management, annual paid leave can be granted for the next working year, and accumulated days can be added to it. These days can also be provided separately by agreement with the employer, at any time.

Unused vacation days calculator

To calculate the number of days of unused vacation, it makes sense to turn to a calculator, available even online. You can also count the days of unused vacation yourself. The formula for calculating compensation by day is simple:

1. Multiply the number of months worked by 2.
2. Subtract from the resulting number the number of days for which you went on vacation during the entire period of work.
3. The remainder will be the number of unused days.

Calculating the vacation balance is relevant both if you want to take advantage of it, and if you leave the company to receive financial compensation.

When vacation is lost

Unfortunately, statutory holidays at your own expense cannot be transferred to the next year, unlike paid ones. This is, for example, a situation where a disabled working person is entitled to 60 days of unpaid leave based on his application.

If, on the initiative of the employer, the employee was recalled from such leave, he has the right to take this leave at a time convenient for him.

You can read more about the vacations that people with disabilities are entitled to in our article “What kind of vacation are entitled to people with disabilities.”

Additional vacations provided for by the company’s internal (local) documents may also expire. This occurs provided that such a document states that if additional leave is not used in the calendar year of work, the right to it is lost.

for Chernobyl victims is also not entirely clear . Let us remind you that these vacations are paid not by the employer, but by the state . The law does not provide for refusal to provide such leave for past periods. To pay for this unpaid leave, the employee must contact the social security authorities.

Another situation is if a Chernobyl employee has accumulated such leave and decided to quit. As a result, the vacation is burned out. There is no payment for it. This follows from paragraph. “b” clause 2 of the Rules approved by Decree of the Government of the Russian Federation dated March 3, 2007 No. 136, letter of the Ministry of Labor of Russia dated March 26, 2014 No. 13-7/B-234, as well as judicial practice (see, for example, appeal rulings of the Nizhny Novgorod Regional Court dated December 24, 2018 in case No. 33-15570/2018, Moscow City Court dated July 14, 2017 in case No. 33-26731/2017.

In this way, we avoid a situation where an employee entitled to Chernobyl leave goes on leave with subsequent dismissal.

You can read how to create a vacation schedule in order to plan your vacation time in advance in the article “How to create a vacation schedule in 2021.”

Non-vacation leave - subtleties of legislation on this matter

People who are employed are often interested in the question of whether vacation time is lost or whether it can be used in the future. It is worth knowing the norms of the Labor Code in order to properly build relationships between a subordinate and a manager, including in matters of rest time. According to the Labor Code, workers have the right to rest. The period when the employee does not work but rests is paid. This right is reflected in legislation. In most cases, this period is 28 calendar days; there are other lengths of time.

Unused vacation – unused vacation days for one reason or another. This can be an extreme demand in the workplace. Perhaps the employee, on his own initiative, decided to go without vacation. The reason is not that significant.

Life situation

A situation often arises when a company has one employee handling payroll. He has irregular working hours, for which he is entitled to 3 days of additional leave. The employee clearly works overtime, but has small children, a mortgage and is forced to work. During the period of submitting monthly, quarterly or annual reports, the “salary worker” works on weekends. For which he receives payment and time off of his choice.

When such an employee needs to resolve some of his issues, he takes a day off. And he can’t go on a long vacation. Sometimes he takes a couple of days of extra vacation. Payment of salaries 2 times a month, plus payment of taxes, reporting, etc. The vacation schedule is not carried out with the knowledge and encouragement of the manager. Vacation days keep piling up and piling up...

But there comes a time when the employee decides to quit. Then the manager is faced with the question of paying compensation for a very large number of days or even months of absenteeism.

Therefore, in order not to find yourself in a situation where a conscientious and responsible employee burns out at work and decides to leave, you need to give employees a rest. Look for a replacement for them during the holidays. Unload the employee.

We described how to calculate vacation time when an employee is dismissed in the article “How to correctly calculate the number of vacation days for compensation upon dismissal.”

Some employers use the option when they recommend that the employee take last year's vacation from Friday to Sunday. In this situation, the employee will spend 3 days of vacation, for which he will receive payment, but in fact he will not be at work for only 1 day.

Procedure for registering unused vacation period

It is necessary to record the vacation not taken off, otherwise it may burn out. HR department employees are required to deal with these issues. If the enterprise is not large, then perhaps the accounting department deals with such things.

The employee has the legal right to inform management of his intention. He can choose either to receive a cash payment or to rest for the prescribed period.

The next vacation is provided once a year. It is calculated after twelve months of work. The employee must submit a written application, after he has worked for 6 months at the enterprise.

By law, the manager must satisfy your right. If a person has worked for a calendar year, this means that he has unused regular vacation. In this case, leave is granted upon request. Management's arguments about production necessity and indispensability are unjustified.

The reality is somewhat different from the “letter of the law”. It is unlikely that anyone will conflict with management. In this case, you could lose your job. Under such circumstances, solutions are found that would satisfy each of the parties.

This is important to know: Can a father go on maternity leave to care for a child?

The law stipulates that if an employee does not rest, he is entitled to monetary compensation. It may be required in some cases. There are certain conditions that indicate the protection of workers' rights. Laws are adopted taking into account that managers of large and small enterprises cannot mislead people and simply exploit them.

There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations. The employer must monitor the health and rest of subordinates. If employees do not take rest for any reason, and there is a vacation debt, they are awarded compensation.

The employer's perspective

On the one hand, when employees often go on vacation (especially splitting their vacation into parts), management does not like it. After all, the production process is disrupted, work schedules are shifted, contract terms may be disrupted, etc. To prevent this from happening, you need to plan vacations correctly, look for replacement workers in a timely manner, and train employees. Without rest, an employee cannot long and effectively - even the most notorious workaholic.

However, some employers consciously take risks and postpone vacations of their employees for supposed operational reasons.

On the other hand, if employees do not rest, they accumulate a lot of unpaid vacations. This always raises questions from the labor inspectorate. For failure to provide leave to an employee for more than 2 years in a row, administrative fine . In addition, upon dismissal, an unpleasant surprise awaits in the form of payment of compensation for all unused vacation (Article 127 of the Labor Code of the Russian Federation).

Conditions for payment of compensation

Instead of non-vacation leave, upon dismissal, the employee is entitled to accrual of compensation payments. When drawing up the order, the administration indicates that there is unused vacation for several years. It comes in several types:

• The next one.
• Special.
• Additional, etc.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Is it possible to receive payment without leaving the company? Perhaps, if the employee rested for at least half of the required period. Only then is compensation paid. Does unused vacation expire? Unused vacation from previous years does not expire.

In accordance with Article TC No. 124, an employee has the right to use all accumulated vacation days for previous years with a particular employer. It is possible to add days to the current next vacation. This question arises often - if I didn’t take vacation over the past year, does my vacation expire? For example, if there are days left over from last year, they automatically transfer to the next year. Perhaps add 13 days to your next vacation. In case of dismissal, in accordance with Article No. 127 of the Labor Code, the employee has the right to:

• Receiving monetary compensation for unused vacation.
• Submitting an application for vacation with further dismissal (at one’s own request, if for other reasons it is not paid and vacation days are running out).

Does it disappear

Does vacation from previous years expire if not used? No, they don't burn. Who benefits? It is not profitable for an enterprise to accumulate vacations for employees . Not only because of the threat of administrative liability.

Several more arguments can be made in favor of timely provision of rest days: an employee who is going to rest, as a rule, prepares a replacement for himself if his responsibilities at the enterprise are unique.

Usually, difficulties do not arise with personnel represented in the staffing table by several units . For example, one out of ten installers leaves, since each of these ten people takes an annual vacation, and most of the year the team works with a reduced staff.

But in a situation where the only head of the installation section at the enterprise takes leave, his responsibilities should be delegated to a deputy, if there is no such thing - to the installation foreman or the head of a related department:

• Often, an employee who has not taken a vacation is simply afraid that in his absence shortcomings in his work will be revealed , or a new person will perform his duties better, so he works without a break, choosing to take one or two days off. It is beneficial for the head of the enterprise to carry out short-term rotations to ensure the integrity of the employees;
• the employee is responsible and performs his functions professionally , but does not want to be “stuck in.” If the director of the organization is sufficiently far-sighted, in case of sudden illness or emergency, he should ensure the uninterrupted operation of each area of ​​​​work, and insist on the preparation of a deputy;
• non-vacation days will need to be provided at a time convenient for the employee (Article 125 of the Labor Code of the Russian Federation, concerning recalled employees);
• An enterprise with a strict budget of income and expenses is interested in adhering to the vacation schedule . The dismissal of a leading specialist with a decent salary can significantly affect the monthly wage fund of a department or enterprise with a small number of employees, if compensation is paid to him for several years.

It is really beneficial to accumulate rest days:

• temporary workers . A woman who has difficulty finding a job while on maternity leave will have to quit in two years. Her desire to make the most of a successful job is understandable;
• employees expecting a promotion or receiving a salary increase . Vacation pay is calculated taking into account earnings for the last year. It is better if more income is included in the billing period, then the vacation pay will be more significant. Read on to learn how the average salary for annual leave is calculated.

The administration and personnel service of the enterprise can take different positions in relation to such employees, but it is important to see the real reasons and act based on their own interests.

Unused vacation arrears expire in 2021

Do vacations from previous years expire? The answer to the question is unequivocal - no, both the unused vacation period in 2021 and in 2021 do not expire. Workers who, for various reasons, practically do not rest, accumulate debts on vacation days that are quite large.

This situation, as a rule, does not suit the employer. The following reasons:

• The labor inspectorate will be interested in the issue of inadequate rest for employees.
• For accumulated vacation days, compensation will have to be paid upon dismissal of an employee, on the basis of Labor Code Article No. 127. Therefore, managers offer employees all kinds of options for canceling vacation time for previous years.

Disposal options, advantages and disadvantages:

• The employee takes off the vacation period in parts or in full (TC Article No. 125). Receives proper rest, as well as payment (vacation pay).
• Sometimes management suggests dividing the period into short periods, mainly weekends. At the same time, the employer argues that this is a benefit for the employee, since he will receive greater material benefits. A certain amount (vacation pay) will be paid for a day off. So the vacation will be burned (debt on vacation days).
• The worst option is to take another vacation and continue working. The employee receives vacation pay, but loses his salary, since he is officially on vacation.

Important! The same rules apply to additional vacation days as to regular ones. Additional unused days can be used by adding them to the current, upcoming vacation. Or, upon dismissal, you will be paid compensation, in accordance with Article No. 127 of the Labor Code of the Russian Federation.

Calculation of vacation pay

Vacation benefits are calculated using a standard formula. The most interesting point in this situation is the issue of calculating unworked days.

Detailed example:

Goncharova I.V. got a job at Romashka LLC as a specialist in the sales department, and after 6 months and 7 days she decided to quit. At the same time, Goncharova used all the rest days completely - 28 days. In order to start the calculation, you should round and set aside seven days. It turns out that after working for six months, Goncharova had the right to annual leave.

How many days did she work? For this, the following formula is used: 2.33xZ, where Z is the number of complete months worked. Thus, it turns out to be 13.98. It is customary to round in favor of the employee.

Hence the conclusion: Goncharova had the right to only 14 days of rest. Consequently, from her severance pay upon dismissal, the accounting staff will withhold the amount for 14 days that were used in advance. When withholding, you must proceed from the rule: the amount should not exceed 20% of each salary.

What to do with unused vacations

"HR service and personnel management of the enterprise", 2008, N 1

Question: Many employees of our organization have from 2 to 4 unused annual paid vacations. Can we give them leave in parts or should we give it all at once? Is it possible to replace part of the vacation with monetary compensation if the employee does not object and has submitted a written application to this effect?

Natalya Pozdnyakova, Chelyabinsk

Answer: Based on Art. 2 of the Labor Code of the Russian Federation, the basic principles of legal regulation of labor relations and other relations directly related to them include ensuring the right of each employee to rest, including limiting working hours, providing daily rest, weekends and non-working holidays, paid annual leave.

Article 114 of the Labor Code of the Russian Federation provides for the provision of annual leave to employees while maintaining their place of work (position) and average earnings. At the same time, the minimum duration of the main paid leave has been established - 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Extended basic leave (more than 28 calendar days) is provided annually in order to guarantee employees longer rest, taking into account the nature and specifics of their work activity, working conditions, health, age and other circumstances. It is important to note that on the basis of Art. 120 of the Labor Code of the Russian Federation, the maximum limit of annual basic paid leave is not limited. Therefore, the parties to the employment contract can independently establish any duration of this leave by labor (collective) contract, agreements and other local regulations.

Paid leave must be provided to the employee every year (Article 122 of the Labor Code of the Russian Federation). In exceptional cases, when the provision of leave to an employee may adversely affect the normal course of work of the organization, it is allowed to transfer the leave to the next working year, but only with the consent of the employee (Article 124 of the Labor Code of the Russian Federation). 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.

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 in the given organization. At the same time, it is prohibited not to provide employees with annual paid leave for two years in a row. A special category of workers (under the age of 18 and employed in work with harmful and (or) dangerous working conditions) must be provided with paid leave every year (Part 4 of Article 124 of the Labor Code of the Russian Federation).

For the purpose of rational use by employees of the days of annual paid leave due to them, as well as taking into account the needs of modern practice, Art. 126, which allows for the replacement of vacation with monetary compensation, but only in part and subject to certain conditions.

Firstly, the employer can replace with monetary compensation only that part of the vacation that exceeds 28 calendar days (the minimum duration of the main paid vacation). It should be borne in mind that when summing up annual paid leave or transferring annual paid leave to the next working year, only that part of each annual paid leave that exceeds 28 calendar days, or any number of days from this part, can be replaced with monetary compensation.

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Example. For example, an employee is granted vacation for 2 working years. The total duration of vacation is 56 calendar days. In this case, it is impossible to replace part of this leave with monetary compensation, since for each working year the duration of leave does not exceed 28 calendar days.

Secondly, the employer cannot independently initiate the replacement of part of the vacation with monetary compensation. For such a replacement, the employee’s own will is required, expressed in a written statement.

Thirdly, part 3 of Art. 126 of the Labor Code of the Russian Federation directly prohibits an employer from replacing vacation with monetary compensation for pregnant women and employees under the age of 18, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions, even with the written consent of the above categories of workers.

This provision of the law is based on the main purpose (goal) of the annual main leave, as well as the general provisions of the Labor Code of the Russian Federation regulating the rules for granting annual leave.

The provision of accumulated vacations can be done at the mutual discretion of the parties to the employment contract or an individual vacation schedule can be drawn up.

Who is prohibited from replacing vacation with monetary compensation?

The Labor Code provides for cases when replacing vacation with monetary compensation is unacceptable. The provisions on replacing annual leave or additional leave with compensation do not apply to the following categories of employees:

1. Pregnant employees.
2. Underage workers.
3. Workers involved in work with harmful or dangerous working conditions.

According to the provisions of Part 3 of Art. 126 of the Labor Code, replacing vacation with compensation for named employees is allowed only upon dismissal.

Workers who suffered as a result of the Chernobyl accident are not paid compensation. Guarantees are provided to them only in actual terms.

What to do with accumulated unused vacations?

The reasons why an employee does not use vacation in the next year can be different: production necessity, the desire of the employee himself.

According to the general rule established by Article 122 of the Labor Code, the employer is annually obliged to provide employees with paid leave. In exceptional cases, vacation may be postponed to the next working year, but this requires the simultaneous existence of the following conditions:

— granting leave to an employee in the current working year may adversely affect the normal course of work of the organization;

— the employee agrees to postpone the vacation (part three of Article 124 of the Labor Code of the Russian Federation).

Labor legislation prohibits failure to provide an employee with annual leave for two consecutive years.

So, if due to production needs (with the employee’s consent) the employee is not granted leave in the current working year, the employee must take the vacation within 12 months after the end of the working year.

For example, the employee’s working year is from June 1, 2013 to May 31, 2014. Due to production needs, the employee was not provided with leave this year. The employee must use vacation for this working year before May 31, 2015.

Registration of transfer of vacation to the next year

So, the employer, due to production needs, decided to postpone the employee’s vacation to the next year. The employee agrees with this decision.

Please note that labor legislation does not require the employee’s consent to reschedule leave to be formalized in writing. However, in order to avoid conflict situations, the personnel officer may ask the employee to confirm in writing his consent to postpone the vacation to the next year.

Having received such consent, the employer issues an order to transfer the employee’s vacation to the next working year. If the vacation is postponed to the next calendar year, the new vacation date will need to be reflected in the vacation schedule, which will be drawn up later, for the next calendar year.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Note that, according to Rostrud, it is possible to take into account unused vacations in the vacation schedule for the next calendar year. Or ask the employee to write an application for unused vacation in the current year.

If you have accumulated a lot of unused vacations

It is quite common for employees to accumulate vacation leave over several years. Accordingly, the employer is faced with the question: what to do with the accumulated vacation time?

Labor legislation gives the only answer to this question: in order to avoid administrative liability for violation of labor laws, employees must be provided with all accumulated unused vacation days.

Please note that the employer is obliged to provide the employee with all unused vacation days, and upon dismissal, pay compensation for all “unused” vacation days. Regardless of the period during which these vacations are accumulated, they do not expire.

Compensation for unused vacation

Many employees mistakenly believe that if they do not take vacation this year, the employer is obliged to pay them compensation for unused vacation. The personnel employee must explain to employees: compensation for unused vacations is paid only upon dismissal (Article 127 of the Labor Code of the Russian Federation). If the employment relationship between the employee and the employer does not terminate, as a general rule it is impossible to pay compensation for “non-time off” vacations.

An employer can pay compensation for unused vacation only if the employee’s vacation duration exceeds 28 calendar days. Moreover, compensation can be paid only for days exceeding standard leave.

Please note that the employer does not have the right to independently decide to replace vacation days with monetary compensation. He can do this only if the employee submits a written application for payment of monetary compensation instead of vacation days.

Example. The employee is given an irregular working day and given additional leave of three calendar days. The total duration of an employee's annual leave is 31 calendar days. At the written request of the employee, the employer may replace three days of vacation with monetary compensation.

Please note that in order to replace vacation with monetary compensation, unused annual vacations are not summed up. In other words, compensation can only be paid for those vacation days that exceed 28 calendar days of each annual vacation.

For example, the duration of an employee’s vacation is 28 calendar days. The employee has not used vacation for two years and has accumulated 56 days of vacation. In this situation, it is impossible to replace vacation with monetary compensation, since the duration of vacation for each year does not exceed 28 calendar days.

Keep in mind that for certain categories of employees, replacing vacation with monetary compensation is generally prohibited. Regardless of the duration of the main and additional leave, it cannot be replaced with compensation:

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

And employees employed in jobs with harmful or dangerous working conditions are prohibited from paying compensation in exchange for additional leave (part three of Article 126 of the Labor Code of the Russian Federation).

When an employee has not used vacation for a long time and providing a fairly long rest period is impossible from a practical point of view, many employers deal with the current situation in the following way. The employee is offered to terminate the employment contract. At the same time, he is paid compensation for all unused vacations and the next day after dismissal, the employee is rehired.

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Let us note that despite the fact that in this situation there are no violations of labor legislation, to apply this method it is necessary that the employee and the employer have a trusting relationship.

Responsibility for not providing leave

Keep in mind that if long-term work without vacation is not an isolated case in the organization, but an accepted practice, the labor inspector has the right to regard the failure to provide vacation to each employee as a separate violation. Accordingly, the amount of the fine will depend on how many employees did not use their vacation in a timely manner (Resolution of the Supreme Court of the Russian Federation of August 15, 2014 No. 60-AD14-11).

Employer's refusal

Important! The employer has every right to refuse to provide leave in advance.

According to the law, the employer's opinion is of particular importance. This also applies to the preferential categories of citizens indicated above. No one will punish the employer for refusing. This is not provided for by the Labor Code of the Russian Federation.

However, citizens in the preferential category have the right to insist on leave . With a written complaint, they have the right to contact the labor inspectorate, which, in turn, can satisfy the applicant’s request and issue an appropriate order to the company.

If a pregnant woman requests leave, she must indicate references to laws in the application, and provide a written opinion from a medical institution as a basis. In addition to the application, other papers are attached - certificates, etc. Therefore, it is better to establish a relationship with the employer immediately upon starting a job. So that in the future you don’t have to go to third-party organizations for help.

Can a missed vacation be burned out?

The question of whether unused vacation for previous periods is forfeited appeared with the ratification of the ILO Convention in 2010. Paragraph 9 of this normative act establishes that the minimum part of the vacation lasting 14 days must be used within 1 year , and the remaining days - no later than 18 months after the close of the working year for which it is provided.

Over the past years

Due to the erroneous interpretation by some experts of Clause 9 of the ILO Convention, many began to be afraid of the possibility of “burning out” unused vacation days. But this rule does not imply the loss of the accumulated period , but only notes when the company must provide the employee with those days that were delayed.

Russian legislation establishes a different period. In accordance with Article 124 of the Labor Code, transfer of vacation is possible either within one working year or to the next. An obligation is established not to interfere with the provision of holidays for two consecutive years.

At the same time, this condition and the Labor Code in general do not indicate that if a break for restoration was not provided for two years, it must be canceled. Article 124 of the Labor Code obliges the employer to comply with the frequency of provision and sets maximum deadlines . For violating them, the company will face a fine.

Unused vacation from previous years does not expire, but continues to accumulate.

At the same time, if no vacation was taken out in the current period, next year the days are first provided from the accumulated ones, only after that the use of vacations of a different period begins.

Upon dismissal

The dismissal of an employee from the organization is also not grounds for losing unused days of vacation. Article 127 of the Labor Code provides that in the event of termination of an employment contract, a citizen is paid monetary compensation for periods of rest that he did not have time to use. It also provides for the right to take these days with subsequent dismissal.

When going on maternity leave

The onset of a break for rest due to pregnancy or child care does not serve as a basis for “burning out” the accumulated days. While waiting for the baby, the main vacation continues to accumulate, but in the case of looking after a child under 3 years of age, the length of service required to form vacations is lost (Article 121 of the Labor Code).

Women are given the opportunity to use all remaining days of rest before taking a pregnancy break, or immediately after it (Article 122 of the Labor Code).

Concept

If, due to production needs or other reasons, this year it was not possible to take all the days that you are entitled to, then this balance is called unused vacation . For subordinates, forgetful managers or workaholics, unused vacation days tend to accumulate and increase.

Occurrences:

• forgot to register according to the vacation schedule;
• called back from vacation, but the balance was not provided;
• the employee himself does not want to rest, hoping to “earn extra money” with compensation.

Is it possible to take vacations from previous years?

Article 122 of the Labor Code of the Russian Federation talks about the employer’s obligation to provide annual leave to employees .

Duration - no less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation), payment - no less than the average level of earnings for the year . For workers employed in jobs with special working conditions, rest should be longer. The duration established in excess of 28 days is called additional paid leave (Article 116 of the Labor Code of the Russian Federation).

If the number of unused vacations has accumulated over a period of more than two years, the enterprise falls under administrative liability.

The fine under Article 5.27 of the Code of Administrative Offenses will range from 30 to 50 thousand rubles , and regular failure to comply with legal guarantees for employees threatens the administration with suspension of activities for up to three months or disqualification of responsible persons for a period of one to three years.

It turns out that the company should be more interested in adhering to the vacation schedule than the employee. The transfer is considered an exceptional case and is allowed only due to a possible disruption in the normal rhythm of the organization’s work (Article 124 of the Labor Code of the Russian Federation). Read on to find out what documents are needed to reschedule your vacation.

Why you shouldn't miss your vacation

The main burden for failure to comply with the procedure for providing time for recuperation falls on the company. If an employee misses a vacation or does not take it on time, the employer may be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Therefore, the responsible employee of the organization needs to monitor the used periods of full-time employees.

The employee should be afraid that the company will be declared bankrupt and will experience severe financial problems, due to which he will have to seek leave or compensation upon dismissal through the court and the Labor Inspectorate. The administration may also force you to book missed periods on weekends, thereby depriving you of additional rest .

Employer's liability

An employer may receive a fine for not taking vacation time for its employees . Responsibility occurs when the inspection authorities detect a corresponding violation. In Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the following liability:

You can be prosecuted for these violations within a year from the moment they are discovered.

Is it possible to postpone my vacation to next year?

The employee is granted leave on the dates specified in the vacation schedule, which is approved by the employer (Article 123 of the Labor Code). In general, the company's administration is guided in its preparation only by the conditions of production necessity, but in some situations it is obliged to take into account the wishes of the worker.

Due to the fact that the rest schedule is drawn up in December of the current year for the next year, it is impossible to plan in advance for the occurrence of unplanned circumstances for an employee or the occurrence of emergency problems at work. Therefore, the state enshrined in Article 124 of the Labor Code the possibility of transferring holidays to another period.

If the situation refers to one of the following, then the employer must agree on new weekend dates with the vacationer:

• Illness of an employee during the period of planned rest.
• Performing government duties at this time.
• Untimely paid vacation pay or late notification of the start of vacation.

If an employee needs to change the vacation time for personal reasons, this is possible if he receives the employer’s consent.

The state allows a company in rare situations to postpone the period of annual paid leave when production conditions do not make it possible to carry out what was planned in the schedule.

In this situation, the company administration must obtain the worker’s consent and also provide him with the right to rest for the next working year (but no later than 1 year from the end of the current one). Persons under 18 years of age and those employed in hazardous work cannot but be granted leave during the working year.

How to drive away a workaholic?

The organization must have a properly documented vacation schedule for each year. If the schedule contains a column for the employee to familiarize himself with it, where he has signed, then management only needs to prepare an order, calculate and pay vacation pay .

Since, according to Article 123 of the Labor Code of the Russian Federation, the notification time is no later than two weeks before the start, it is important to comply with this deadline. When the employee arrives at the workplace, he must be informed that he is not allowed to perform his duties and warned that his “amateur work” during the vacation period will not be paid.

If the functional duties of the employee will have to be performed by someone else, it is necessary in advance, along with notice of the start of the vacation, to issue an order to assign the duties of the absentee to another person .

What to do before maternity leave

Based on Article 260 of the Labor Code of the Russian Federation, a pregnant woman on the eve of childbirth, as an additional support measure, is given the right to use the main leave outside the schedule and duration of employment. At the same time, the employee can take advantage of the agreed type of rest of her choice both before going on maternity leave and after, immediately after the end of sick leave or maternity leave.

If a pregnant worker does not have enough experience to take full advantage of her vacation, she is given leave in advance. If a woman’s vacation has not been used, moreover, additional days of rest have accumulated over the past years, the period of release from work is still provided only in the amount of annual leave, given that the agreed norm is enshrined in law and the employer does not have the right to refuse.

At the same time, the issue of providing additional days of rest that were not used at the time established by the schedule is resolved in agreement with the company’s management, due to the fact that the obligation to implement them before or after the maternity leave is not established by law. That is, in essence, the issue of using unpaid leave in relation to a pregnant woman is resolved in a working manner and taking into account production processes .

Restrictions on “storing” vacation days

If the manager agreed to transfer the current number of unused days of compulsory vacation, then the employee will need to take this entire period off no later than until December of the next year. Otherwise, his remaining days off will be lost, without the possibility of further compensation.

The only exception, when unpaid leave can be kept for more than two years, is the employer’s refusal to provide rest to a subordinate, the reasons for which were:

• Carrying out urgent work at the enterprise (in this case, management should take care of postponing the leave for the coming months or providing financial compensation as an alternative);
• Bankruptcy of the organization (if a financial crisis occurs, management must amicably resolve the issue of redistributing vacations with their subordinates);
• Lack of a foreman capable of replacing an employee who has gone on vacation.

All of the listed situations that contribute to the forced transfer of time off violate the regulations of Rostrud. Therefore, in order to avoid litigation, the manager will agree to long-term retention of the subordinate’s remaining vacation or to payment of compensation in the amount of his double daily rate.

Options for “getting rid of” unused rest periods

In fact, to realize accumulated rest unused within the prescribed period in only two ways, namely:

• in monetary terms, by receiving compensation;
• providing part of the unused vacation by adding it to the main vacation over subsequent years.

At the same time, regardless of which method of repaying unrealized rest days is chosen, it is worth taking into account some legislative nuances. So, in particular, in accordance with Article 126 of the Labor Code of the Russian Federation, replacement of vacation in full with monetary compensation for the current year is not allowed. But parts of the vacation remaining for previous years can be repaid in this way, but provided that the company has sufficient funds and the management of the institution agrees to such an equivalent vacation.

You should also take into account the fact that only those vacations that are basic and only in excess of 28 days can be replaced in monetary terms At the same time, additional leave provided for the restoration of health cannot be replaced in the form of material compensation, especially when it comes to periods of rest provided in connection with employment in dangerous conditions or for work in the northern regions.

If the employee has not taken a full vacation (14 days only)

Approval of the structure of the local administration is the prerogative of the Council of Deputies. As the Council approves the structure, so it will be. Assigning functions to the HR department for emergencies is wrong, although it is not illegal. Federal Law of October 6, 2003 N 131-FZ (as amended on December 29, 2017) “On the general principles of organizing local self-government in the Russian Federation”

""Article 35. Representative body of the municipality

1. The representative body of a municipal formation may exercise its powers if at least two-thirds of the established number of deputies is elected.

1.1. The charter of the municipality determines the competence of the meeting of the representative body of the municipality. A meeting of a representative body of a municipality cannot be considered valid if less than 50 percent of the number of elected deputies is present. Meetings of the representative body of the municipality are held at least once every three months.

(Part one.1 introduced by Federal Law dated June 18, 2007 N 101-FZ)

1.2. The newly elected representative body of the municipal formation meets for the first meeting within the period established by the charter of the municipal formation, which cannot exceed 30 days from the date of election of the representative body of the municipal formation in its authorized composition.

(Part one.2 introduced by Federal Law dated June 18, 2007 N 101-FZ)

2. The representative body of a settlement, city district, intra-city district, intra-city municipal formation of a federal city consists of deputies elected in municipal elections.

(as amended by Federal Law dated May 27, 2014 N 136-FZ)

(see text in the previous “edition”)

3. A representative body of a settlement is not formed if the number of residents of the settlement who have the right to vote is no more than 100 people. In this case, the powers of the representative body are exercised by a gathering of citizens. The charter of a settlement with a population of more than 100 and no more than 300 people may provide that a representative body is not formed and its powers are exercised by a gathering of citizens.

(as amended by Federal Laws dated December 27, 2009 N 365-FZ, dated June 23, 2014 N 165-FZ)

(see text in the previous “edition”)

3.1. If in the settlement provided for by Part 3 of this article, the number of residents of the settlement who have the right to vote is more than 300 people, a representative body of the settlement is elected. The number and term of office of deputies of the representative body of the settlement are determined by the population at a citizens' meeting. In the absence of citizens' initiative to hold the said gathering, the number and term of office of deputies of the representative body of the settlement of the first convocation are established by the law of the subject of the Russian Federation. The election commission of a subject of the Russian Federation forms an election commission of a settlement, which calls elections to the representative body of a given municipal entity and exercises other powers of the election commission of a municipal entity to conduct elections provided for by this Federal Law, other federal laws and the laws of the subject of the Russian Federation adopted in accordance with them. The powers of the election commission of a given settlement may be assigned to the territorial election commission in accordance with Federal Law of June 12, 2002 N 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.”

(Part 3.1 introduced by Federal Law dated November 30, 2011 N 361-FZ, as amended by Federal Law dated June 23, 2014 N 165-FZ)

(see text in the previous “edition”)

Consultant Plus: note.

On identifying the constitutional and legal meaning of Part 4 of Article 35, see Resolution of the Constitutional Court of the Russian Federation dated December 1, 2015 N 30-P.

""4. The representative body of the municipal district in accordance with the law of the constituent entity of the Russian Federation and the charter of the municipal district:

""1) may consist of the heads of settlements that are part of the municipal district, and of deputies of the representative bodies of these settlements, elected by the representative bodies of the settlements from among their members in accordance with the same norm of representation, regardless of the population of the settlement. If the head of the settlement is elected by the representative body of the settlement from among the candidates presented by the competition commission based on the results of the competition, such head of the settlement is not included in the representative body of the municipal district, while the representative body of this settlement is included in the number of deputies elected by it in accordance with the specified norm representation of settlements, additionally elects one deputy from its composition to the representative body of the municipal district, which includes this settlement. The law of a constituent entity of the Russian Federation and, in accordance with it, the charter of a municipal district and the charters of settlements may establish a norm for the representation of settlements that are part of a municipal district in the representative body of a given municipal district based on the population size of the settlement. In this case, the rate of representation of one settlement included in a municipal district cannot exceed one third of the established number of the representative body of the specified municipal district. If, in accordance with this Federal Law, the territory of a municipal district includes settlements, the powers of the representative bodies of which are exercised by a gathering of citizens, the election of deputies from such settlements to the representative body of the municipal district is carried out by a gathering of citizens in the manner and for the period established by the charter of such settlements;

(as amended by Federal Law dated July 18, 2017 N 171-FZ)

(see text in the previous “edition”)

2) may be elected in municipal elections on the basis of universal, equal and direct suffrage by secret ballot. At the same time, the number of deputies elected from one settlement cannot exceed two-fifths of the established number of the representative body of the municipal district.

(Part 4 as amended by Federal Law dated May 27, 2014 N 136-FZ)

(see text in the previous “edition”)

Consultant Plus: note.

On identifying the constitutional and legal meaning of Part 5 of Article 35, see Resolution of the Constitutional Court of the Russian Federation dated December 1, 2015 N 30-P.

""5. The representative body of a city district with intra-city division in accordance with the law of the constituent entity of the Russian Federation and the charter of the corresponding municipal entity:

1) can be formed by election from the representative bodies of intra-city districts in accordance with the same norm of representation, regardless of the population of intra-city districts. The law of a constituent entity of the Russian Federation and, in accordance with it, the charter of a city district with an intracity division and the charters of intracity districts may establish a norm for the representation of intracity districts that are part of a city district with an intracity division in the representative body of this urban district based on the population of the intracity districts. In this case, the rate of representation of one intracity district that is part of an urban district with an intracity division cannot exceed one third of the composition of the representative body of the specified urban district;

2) may be elected in municipal elections on the basis of universal, equal and direct suffrage by secret ballot.

(Part 5 as amended by Federal Law dated May 27, 2014 N 136-FZ)

(see text in the previous “edition”)

Consultant Plus: note.

On identifying the constitutional and legal meaning of Part 5.1 of Article 35, see Resolution of the Constitutional Court of the Russian Federation dated December 1, 2015 N 30-P.

""5.1. If a law of a constituent entity of the Russian Federation is adopted, changing the procedure for the formation or election of a representative body of a municipal district, urban district with intra-city division, the charter of the corresponding municipal entity is subject to being brought into compliance with the specified law of the constituent entity of the Russian Federation within three months from the date of entry into force of the specified law of the constituent entity Russian Federation.

(as amended by Federal Law dated June 23, 2014 N 165-FZ)

(see text in the previous “edition”)

If a law of a constituent entity of the Russian Federation is adopted, providing for a transition from the election of a representative body of a municipal district, urban district with intra-city division at municipal elections to its formation from the representative bodies of settlements, intra-city districts, elections of deputies of such a municipal district, urban district with intra-city division are not called and are not carried out if the specified law of the subject of the Russian Federation came into force before the date from which the representative body of a municipal district, urban district with intra-city division would have the right to make a decision on calling elections in accordance with Federal Law of June 12, 2002 N 67 -FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.”

The procedure established in this way for the formation of a representative body of a municipal district, a city district with an intra-city division, is applied after the expiration of the term of office of the representative body of a municipal district, elected before the date of entry into force of the specified law of a constituent entity of the Russian Federation.

If a law of a constituent entity of the Russian Federation is adopted, providing for a transition from the formation of a representative body of a municipal district, an urban district with an intracity division from the representative bodies of settlements, intracity districts to election at municipal elections, elections to the representative body of a municipal district, an urban district with an intracity division must be carried out no later than six months from the date of entry into force of the specified law of the constituent entity of the Russian Federation.

(Part 5.1 as amended by Federal Law dated May 27, 2014 N 136-FZ)

(see text in the previous “edition”)

6. The number of deputies of the representative body of a settlement or urban district is determined by the charter of the municipality and cannot be less than:

(as amended by Federal Law dated July 18, 2017 N 171-FZ)

(see text in the previous “edition”)

7 people - with a population of less than 1000 people;

10 people - with a population of 1000 to 10,000 people;

15 people - with a population of 10,000 to 30,000 people;

20 people - with a population of 30,000 to 100,000 people;

25 people - with a population of 100,000 to 500,000 people;

35 people - with a population of over 500,000 people.

7. The number of deputies of the representative body of a municipal district is determined by the charter of the municipal district and cannot be less than 15 people.

7.1. The number of deputies of the representative body of a city district with intra-city division and intra-city district is determined by the law of the constituent entity of the Russian Federation and the charters of the relevant municipalities based on the number of deputies established by part 6 of this article.

(Part 7.1 introduced by Federal Law dated May 27, 2014 N 136-FZ)

8. The number of deputies of the representative body of the intracity territory of a city of federal significance is determined by the charter of the municipality and cannot be less than 10 people.

""9. The representative body of a city settlement, municipal district, urban district has the rights of a legal entity. A representative body of a rural settlement, an intra-city municipal formation of a federal city, or an intra-city district may have the rights of a legal entity in accordance with the charter of the municipal formation.

(as amended by Federal Laws dated December 25, 2008 N 281-FZ, dated May 27, 2014 N 136-FZ)

(see text in the previous “edition”)

""10. The exclusive competence of the representative body of the municipality includes:

1) adoption of the charter of the municipality and introduction of amendments and additions to it;

2) approval of the local budget and report on its execution;

3) establishment, amendment and abolition of local taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees;

4) approval of the strategy for the socio-economic development of the municipality;

(Clause 4 as amended by Federal Law dated October 30, 2017 N 299-FZ)

(see text in the previous “edition”)

5) determining the procedure for managing and disposing of property in municipal ownership;

6) determining the procedure for making decisions on the creation, reorganization and liquidation of municipal enterprises, as well as on establishing tariffs for the services of municipal enterprises and institutions, performance of work, except for cases provided for by federal laws;

(as amended by Federal Laws dated 05/08/2010 N 83-FZ, dated 11/30/2011 N 361-FZ)

(see text in the previous “edition”)

7) determining the procedure for the participation of a municipality in intermunicipal cooperation organizations;

determining the procedure for material, technical and organizational support for the activities of local government bodies;

9) control over the execution by local government bodies and local government officials of powers to resolve issues of local importance;

10) making a decision to remove the head of a municipal entity from retirement;

(Clause 10 introduced by Federal Law dated 05/07/2009 N 90-FZ)

11) approval of rules for improvement of the territory of the municipality.

(Clause 11 introduced by Federal Law dated December 29, 2017 N 463-FZ)

11. Other powers of representative bodies of municipal formations are determined by federal laws and constitutions (charters) adopted in accordance with them, laws of the constituent entities of the Russian Federation, and charters of municipal formations.

11.1. The representative body of the municipality hears annual reports from the head of the municipality, the head of the local administration on the results of their activities, the activities of the local administration and other local government bodies subordinate to the head of the municipality, including the resolution of issues raised by the representative body of the municipality.

(Part eleven.1 introduced by Federal Law dated 05/07/2009 N 90-FZ)

12. Regulatory legal acts of the representative body of the municipal formation, providing for the establishment, amendment and abolition of local taxes and fees, expenditures from the local budget, can be submitted for consideration to the representative body of the municipal formation only on the initiative of the head of the local administration or in the presence of the conclusion of the head of the local administration .

13. A normative legal act adopted by the representative body of a municipal formation is sent to the head of the municipal formation for signing and promulgation within 10 days. The head of a municipal entity, acting as the head of the local administration, has the right to reject a normative legal act adopted by the representative body of the municipal entity. In this case, the specified regulatory legal act is returned to the representative body of the municipality within 10 days with a reasoned justification for its rejection or with proposals to make changes and additions to it. If the head of the municipality rejects the normative legal act, it is again considered by the representative body of the municipality. If, upon re-examination, the specified normative legal act is approved in the previously adopted wording by a majority of at least two-thirds of the established number of deputies of the representative body of the municipality, it is subject to signing by the head of the municipality within seven days and promulgation.

(as amended by Federal Law dated December 27, 2009 N 365-FZ)

(see text in the previous “edition”)

14. The organization of the activities of the representative body of the municipal formation in accordance with the charter of the municipal formation is carried out by the head of the municipal formation, and if the specified official exercises the powers of the head of the local administration, by the chairman of the representative body of the municipal formation, elected by this body from among its members.

(as amended by Federal Law dated December 27, 2009 N 365-FZ)

(see text in the previous “edition”)

15. Expenses for ensuring the activities of the representative body of the municipality are provided for in the local budget as a separate line in accordance with the classification of budget expenses of the Russian Federation.

Management and (or) disposal by the representative body of the municipality or individual deputies (groups of deputies) in any form of local budget funds in the process of its execution are not allowed, with the exception of local budget funds allocated to support the activities of the representative body of the municipality and deputies .

""16. The powers of the representative body of a municipal formation, regardless of the procedure for its formation, may be terminated early in the manner and on the grounds provided for in Article 73 of this Federal Law. The powers of the representative body of the municipality are also terminated:

(as amended by Federal Law dated December 27, 2009 N 365-FZ)

(see text in the previous “edition”)

1) if the said body makes a decision on self-dissolution. In this case, the decision on self-dissolution is made in the manner determined by the charter of the municipality;

""2) in the event of the entry into force of a decision of the supreme court of a republic, a regional court, a regional court, a court of a federal city, an autonomous region, an autonomous district on the incompetence of a given composition of deputies of a representative body of a municipality, including in connection with the resignation of deputies of their powers ;

(as amended by Federal Law dated July 18, 2017 N 171-FZ)

(see text in the previous “edition”)

3) in the event of a transformation of a municipal entity carried out in accordance with parts 3, 3.2, 4 - 6, 6.1, 6.2, 7, 7.1, 7.2 of Article 13 of this Federal Law, as well as in the event of abolition of a municipal entity;

(as amended by Federal Laws dated October 18, 2007 N 230-FZ, dated May 27, 2014 N 136-FZ, dated April 3, 2017 N 62-FZ)

(see text in the previous “edition”)

4) in case of loss of the status of a municipal entity by a settlement due to its merger with a city district;

(Clause 4 introduced by Federal Law dated October 18, 2007 N 230-FZ)

5) in the event of an increase in the number of voters in a municipality by more than 25 percent, which occurred as a result of a change in the boundaries of the municipality or the merger of a settlement with a city district.

(Clause 5 introduced by Federal Law dated October 18, 2007 N 230-FZ)

The charter of a municipal formation may provide for the early termination of the powers of a representative body of a municipal formation in case of violation of the deadline for issuing a municipal legal act required for the implementation of a decision made through the direct expression of the will of citizens.

(paragraph introduced by Federal Law dated December 27, 2009 N 365-FZ)

17. Early termination of the powers of a representative body of a municipality entails early termination of the powers of its deputies.

Consultant Plus: note.

On identifying the constitutional and legal meaning of the interrelated provisions of Part 18 of Article 35 of this document and paragraph 4 of Article 10 of the Federal Law of June 12, 2002 N 67-FZ, see Resolution of the Constitutional Court of the Russian Federation of June 26, 2014 N 19-P.

""18. In the event of early termination of the powers of a representative body of a municipal formation, consisting of deputies elected directly by the population, early elections to the said representative body are held within the time limits established by federal law.

(Part eighteen as amended by Federal Law No. 93-FZ of July 21, 2005)

(see text in the previous “edition)”

19. In the event of early termination of the powers of the representative body of a municipal district, urban district with intra-city division, formed in accordance with paragraph 1 of part 4 and paragraph 1 of part 5 of this article, the representative bodies of the relevant settlements, intra-city districts are obliged to elect members of the representative body within one month body of a municipal district, urban district with intra-city division of other deputies.

Compensation calculation

In accordance with Article 114 of the Labor Code of the Russian Federation, for the period of taking annual rest, the employee retains not only his position, but also his average earnings , the calculation procedure for which is carried out in accordance with the norms of Article 139 of the Labor Code of the Russian Federation . So, in particular, all accrued amounts for the last 12 months are taken into account, including salaries, sick leave and bonuses, not to mention incentive payments.

The agreed upon accruals are summed up and divided by 12, thus calculating the average monthly earnings . Then, from the received amount, daily earnings by dividing the average monthly wage by a factor of 29.3, which, in fact, is the average indicator of the number of days in a month.

Upon completion of the calculations, the resulting amount of daily earnings is multiplied by the number of days of vacation provided and transferred to the employee as vacation pay.

If the worker does not plan to use the accumulated vacation days in kind, that is, through rest and wants to receive the agreed vacation in the form of monetary compensation, vacation pay is calculated in a similar way.

How much can “accumulate”

Based on Article 124 of the Labor Code of the Russian Federation, it is prohibited not to provide rest for two years in a row, which, in principle, is done, given that employees, as a rule, use part of the rest throughout the year, while the remaining days are postponed until later.

At the same time, next year a similar situation arises, which ultimately leads to a fairly large number of unrealized days of rest for several years in a row.

And since the employer cannot provide all the days of legal vacation for two years, given that the worker is expected to be absent for quite a long time, they prefer not to remember about unused vacations, until the termination of the employment relationship. At the same time, if an employee works for a sufficiently long time in a company that, for operational reasons, practices the division and transfer of vacations, by the time the employee is dismissed, a fairly significant number of days of unrealized vacation have accumulated, which can only be compensated in two ways, monetary compensation or the provision of vacation.

It should be noted that this situation arises because the law does not establish a limit on the duration of unrealized vacations , because it is assumed that employees rest on time based on the priority schedule or use the unrealized part in the next two years.