Disputes between an employee and an employer are by no means uncommon, but before filing a claim with an employer, an employee should be convinced of his own rightness and enlist the support of the Labor Code. Learning to independently count the number of vacation days
According to the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ, each employee has the right to annual paid leave with the retention of his position and salary. It must be 28 calendar days. There is also an annual additional paid leave, it is granted to categories of workers who work in harmful or dangerous working conditions, as well as those who have irregular working hours. Additional vacation is provided in the Far North and equivalent areas. The duration of the vacation is calculated in calendar days.
Holidays included in vacation are not included in the number of calendar days of vacation. The length of service that affects the duration of the vacation includes:
- days of actual stay at the workplace;
- weekends and holidays;
- forced absenteeism (time of suspension from work for any good reason);
The procedure for calculating the number of vacation days:
With a vacation lasting 28 calendar days, there are 2, 33 calendar days of vacation for each month during the year. This figure is obtained by dividing the vacation days (28) by the number of calendar months (12). It should be borne in mind that Rostrud allows you to round up leave to whole numbers. It turns out that for each month of work from the moment of hiring, the employee receives 2.33 vacation days.
By mutual agreement between the employer and the employee, the annual paid leave can be divided into parts, but one of them must not be less than 14 days. According to article 136 of the Labor Code of the Russian Federation, the calculation and payment of the vacation is calculated no later than three days before its start.