Every working employee is entitled to vacation, regardless of what type of contract is concluded with him, urgent or indefinite. Vacation is one of the types of guaranteed rest (Article 107 of the Labor Code of the Russian Federation) and cannot be less than 28 calendar days. But the Labor Code only sets a minimum limit. In accordance with the instructions in the employment contract or in the regulations of the company, the number of vacation days can be set for any additional time.
Necessary
- - vacation schedule;
- - bilateral agreement if the vacation is divided into parts.
Instructions
Step 1
The lower limit of paid leave for minors is 31 calendar days (Article 267 of the Labor Code of the Russian Federation), working disabled people are supposed to be provided with 30 calendar days (Article 23 of the Federal Law and 183), teachers, doctors of the TC guarantee a vacation lasting from 42 to 56 calendar days (Government Decree 1052).
Step 2
Annual leave can be divided into two or more parts, but only by bilateral agreement of the parties (Article 125, part 1). If the employer is not opposed to breaking the vacation into parts, the employee can take annual vacation for at least one day, but one part of the vacation cannot be less than 14 calendar days.
Step 3
Payment for annual leave is made on the basis of average earnings for 12 months (Article 139 of the Labor Code of the Russian Federation), unless otherwise specified in the internal legal acts of the enterprise. But otherwise can be performed only if, by calculation, the payment indicators will not infringe upon the employee's rights and will not turn out to be less than the average daily earnings for 12 months. To calculate the average earnings, the total amount for 12 months, for which insurance premiums were accrued, is taken, divided by 12 and 29, 4. The result will be payment for one day of vacation.
Step 4
The enterprises must draw up a vacation schedule (Article 123 of the Labor Code of the Russian Federation). But certain categories of employees can get vacations outside the schedule, and, if they wish, at a convenient time. This category includes: minors, husbands whose wives are pregnant, pregnant employees. For single mothers, fathers or other categories of workers, such benefits are not provided by either the Labor Code or the Federal Law. The employer is obliged to notify all employees of their vacation date two weeks before the start of the new year.
Step 5
If vacation pay is not paid three days before the start of the next vacation, the employee has the right to postpone the vacation at any time convenient for him (Article 136 of the Labor Code of the Russian Federation).
