Vacation in the Far North, its duration and rules for granting

10.08.2019

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6 min.

Federal legislation defines the right of citizens who have officially entered into an agreement to take 28 calendar days of rest annually. Regulatory documents establish persons who are awarded additional time off for work in areas that pose a danger to life and health due to harsh climatic conditions. To be eligible to use preferential leave, you must have at least six months of work experience in the given territory.

Legal rules for granting northern holidays

For citizens working in the territories of the Far North and equivalent areas, employers are required to provide additional leave in addition to the main leave (Article 116 of the Labor Code of the Russian Federation, Article 321 of the Labor Code of the Russian Federation). The general right of workers in unfavorable natural conditions to receive additional support is enshrined in Art. 313 Labor Code of the Russian Federation.

Minimum duration of additional holidays in the regions of the North (their List can be found in Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12) is (Article 321 of the Labor Code of the Russian Federation, Article 14 of Law of the Russian Federation No. 4520-1):

• in the Far North - 24 calendar days ;
• in areas equated to the Far North - 16 calendar days ;
• in other territories where there is a regional coefficient and a northern allowance - 8 calendar days .

We emphasize that the law establishes the minimum duration of additional rest that is obliged to provide. It is not prohibited from establishing in local regulations a longer duration of northern vacation for its employees.

You can download a file with a table of Russian regions based on additional permits for free from our website here.

IMPORTANT!

The duration of additional rest, like other guarantees and compensation in the North, is determined by the place where is actually performed, and not by the territory where the employer is located.

Northern leave is combined with the main paid leave (Part 2 of Article 120 of the Labor Code of the Russian Federation). Based on this, the possibility of using additional salary for the first time. Leave occurs for an employee six months after employment. In the future, it is provided at any time of the year in accordance with the schedule (Articles 122, 322 of the Labor Code of the Russian Federation).

IMPORTANT!

Additional leave for work in the Far North is provided not only at the main place of employment, but also part-time (section 5 of the Review of the practice of considering cases by courts, approved by the Presidium of the Armed Forces of the Russian Federation on February 26, 2014, Article 321 of the Labor Code of the Russian Federation).

In a situation where an employee was busy during the working year in regions for which different durations of additional additional work were established. vacation, its total amount is calculated in accordance with the proportion of periods worked in each territory.

Northerners are allowed to accumulate vacation for a two-year period and no more. But at the same time, the total duration of the annual vacation, taking into account the travel time to the place where it takes place, should not exceed 6 months (Part 3 of Article 322 of the Labor Code of the Russian Federation). remainder of the vacation beyond the 6-month period carries over to the next year.

IMPORTANT!

Additional rest for work in difficult climates is provided in addition to the additional allowance. leave for work in hazardous conditions, for irregular working hours and on other grounds determined by law, as well as increased basic leave for certain categories of employees.

EXAMPLE

The worker works long hours in hazardous conditions (condition class 3.3) in the Far North. How much rest is he entitled to?

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The employee must provide:

• main vacation – 28 days;
• add. irregular leave – 3 days;
• add. leave for hazardous working conditions – 7 days;
• additional number of vacation days in the Far North - 24 days.

In total, he has the right to 25 + 3 + 7 + 24 = 59 days of rest.

Nuances for part-time workers

According to Art. 321 of the Labor Code for part-time workers in the Far North, vacation is calculated according to the same scheme as for workers in their main job. However, the legislation introduces a number of nuances:

1. Art. 287 TK. Compensations and preferences for workers in the KS and MKS conditions are provided only at the place of primary employment. But this applies only to targeted support measures. Vacation days for part-time workers continue to be calculated on the same basis as for other workers.
2. Art. 286 TK. Vacation in the second place of employment must be granted simultaneously with the annual rest in the first. If the additional work experience is less than 6 months, the condition continues to apply. Holidays are provided in advance.

If the duration of vacations at the main and additional places of employment does not match, then the citizen has the right to contact the personnel department of the organization where a shorter vacation is assigned, with a request to add free days at his own expense.

How to calculate length of service for additional leave in the North

To calculate the length of northern leave, the same rules apply as for the main paid leave. It includes (Article 121 of the Labor Code of the Russian Federation):

• periods of work (in this case, the duration of the working week and work shift do not );
• time of release from work with or without pay in accordance with the law (weekends, holidays, vacations);
• time of forced absence due to illegal dismissal or exclusion from work, including for those who did not pass a medical examination through no fault of their own;
• periods of unpaid leave granted at the request of the worker, lasting no more than 14 calendar days per year;
• maternity leave;
• downtime caused by the company.

The length of service is calculated in calendar terms from the date of hire to the last day of each working year.

The following are not taken into account when determining length of service for additional northern leave:

• absences without good reason (including suspension for alcohol intoxication, failure to undergo training and medical examinations due to the fault of the employee);
• time of parental leave for children up to 1.5 and 3 years old.

For the indicated periods, as well as for the duration of vacations without pay over 14 calendar days per year, the working year is shifted for calculating length of service. The procedure for calculating length of service if the employee was on parental leave is discussed in the letter of the Ministry of Labor dated October 25, 2018 No. 14-2/OOG-8519. It states that the length of service shifts by the number of days from the start of the vacation to the end of the working year.

In addition, for employees working on a rotational basis, there are specifics for calculating vacation time. It depends on whether the employee travels on shift from the Far North or from other regions where there is no northern allowance.

Compensation

Additional rest time can be replaced with monetary compensation.

Important! This option is not possible for women on maternity leave. They can claim compensation after leaving maternity leave and starting the labor process.

Another nuance is that such days are paid at the general rate.

The fact of compensation itself is considered by the employer after receiving the relevant application. At the same time, he has the right to refuse the employee, which will mean full provision of the entire vacation.

Sample application to replace additional paid leave with monetary compensation

How to calculate the number of days of additional vacation

In general, the number of days of additional leave due in the North is determined by the formula:

Where:

• Kdo - the number of vacation days in the Far North during the working year;
• Dks - the number of days of additional leave provided in the region;
• Сг – vacation time worked by the employee in the North;
• Oi – the number of days of additional use already used in the current year. vacation.

Each month, each employee receives:

• Far North: 12/24 = 2 days ;
• areas equivalent to the North: 16/12 = 1.33 days ;
• other territories with surcharges: 8/12= 0.67 days .

KEEP IN MIND

Current legislation does not contain a ban on providing northern leave in advance by agreement of the parties to the employment contract.

Confirmation of northerner status

The work book is the main document that confirms the fact of employment in the northern regions.

Russian legislation does not regulate the presence of a wet seal or a unified record for the northern regions. The use of the mark is at the discretion of management or HR specialists.

When hired for a new position, an employee can report the frequency of work in the North in writing. He needs to indicate the former preference in the application, attach a certificate from the enterprise and a copy of the employment contract.

How is the amount of payment for additional leave in the North calculated?

All vacation pay payments must be made no later than 3 calendar days before the start of the rest period (Part 9 of Article 136 of the Labor Code of the Russian Federation). The funds due for additional leave are determined in the usual manner provided for in Art. 139 of the Labor Code of the Russian Federation based on calculation of average earnings. Average daily earnings are calculated using the formula:

Where:

• Сз – average daily earnings for vacation;
• Payroll – the employee’s salary for the 12 calendar months preceding the month the vacation begins;
• 29.3 – average monthly number of days per year.

When asked whether a regional coefficient is calculated on vacation pay, a negative answer should be given. No, it is not accrued, since the coefficient and bonus are already taken into account as part of the payroll in the above formula.

When calculating average earnings, you should also be guided by the norms of the Regulation on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

The amount of vacation pay is determined by the formula:

Where:

• Co – the amount of payments due for additional leave;
• Сз – average daily earnings;
• Kddo – number of days of additional leave.

In addition, on the basis of Art. 325 of the Labor Code of the Russian Federation, once every 2 years must pay the employee the cost of travel to the place of rest. If this is provided for in the organization’s local regulations, compensation also applies to the employee’s family members.

The first payment for vacation travel for employees of the Far North is made when the first period of rest is granted. The amount and procedure for paying the specified compensation to the organization are established by commercial organizations independently in local regulations.

Nuances for parents

Parents of children under 16 years of age living on the CS, ISS, in accordance with Art. 319 TC monthly can claim an additional day off. With the condition that this vacation is unpaid. It can be completed by submitting an appropriate application.

Also, parents of minors are entitled to take an annual 14-day leave of a purposeful nature - accompanying the child to a place of education located in another area. Each parent is granted such leave once (Article 322 of the Labor Code) per year. The citizen must also meet the following conditions:

1. Accumulate the required work experience (at least 6 months) with the current employer.
2. Provide a document confirming that the child will take part in entrance examinations in a non-resident educational institution.

Such an “accompanying” vacation is not additional days to the main and northern ones. The duration of the trip will be deducted from the total. The purpose of the provision is to give the parent the right to be released from work not according to the schedule, but on the days when they need to appear for the exam.

Contributions

Management must charge insurance plan contributions for the amount of any kind of compensation for vacation balances.

The boss does this for both pension and social or health insurance, as well as in cases of injuries and illnesses caused by professional activities.

On a note! Contributions are credited to the budget no later than the 15th of the next month. This applies to all insurance plan contributions to extra-budgetary funds: both those paid to the Federal Tax Service and those collected by the Social Insurance Fund.

The employer makes contributions to the Pension Fund and for compensation for vacation balances

List of documents for preferential leave in Khanty-Mansi Autonomous Okrug and Yamal-Nenets Autonomous Okrug in 2021

1. The plane, train or bus ticket itself

2. For employees traveling by plane, in addition to this, a boarding pass.

3. For employees traveling by personal transport, gas station receipts and a route map with a note on arrival in and departure from the holiday city.

4. Certificate for you and your family members that you actually live in the regions of the Far North or equivalent areas (KhMAO AND Yamalo-Nenets Autonomous Okrug)

A document confirming the fact of residence in the RKS (copy of a passport with registration at the place of residence, a certificate of family composition indicating the registration mark / rental agreement for residential premises, which must include family members living with the employee / other documents confirming the fact of residence in the RKS );

5. If you flew abroad by plane, then you need a certificate from the air ticket office about the cost of the flight to the nearest actual border crossing point at the Russian airport.

Copies of foreign passports with a border crossing stamp from the border service are also required.

6.If you flew abroad from a tour operator, then you will also need your travel voucher with a receipt and a certificate from the tour operator about the cost of the charter flight. This cost must be higher than the cost of the certificate from the air ticket office, otherwise you will be paid the lesser amount of these certificates.

6.Copies of documents of your family members for whom the discounted travel will be paid (Russian passport and birth certificate with a mark of registration in the regions of the far north.

7. If your child is an adult under the age of 23 and is studying full-time, then you also need a certificate from the educational institution stating that he is actually studying with them full-time.

8. For a dependent spouse, a certificate from the employment center is required stating that she is indeed not working at the time of the 2021 preferential leave, or a copy of her work record book.

If the local regulatory documentation of your organization provides for payment of travel for your spouse, regardless of whether she is dependent or not, then you need a certificate from the spouse’s place of work stating that he/she did not use the right to travel this year preferential leave. In addition, a certificate from the Tax Inspectorate is required stating that the spouse is not an individual entrepreneur.

8.Marriage registration certificate

List of regions

Northern

The Far North of the Russian Federation includes the following regions of the country.

Equated to them

The table below lists the regions equated to the regions of the Far North of the Russian Federation.