When does the vacation period change? Determination of the date of the first working year. Making a transfer of vacation

Determination of the working year is necessary when granting labor leave or calculating compensation for unused vacation upon dismissal. In this case, the working year may not be equal to 12 calendar months. Its calculation has its own characteristics, which are discussed in this article.

From a letter to the editor:

“An employee of our organization applied for a leave of absence from December 28, 2015. His working year began on December 5, 2014. The employee has the following periods of absence from work:

From 10/01/2015 to 11/25/2015 - social leave without saving wages. The collective agreement of the organization does not contain norms regulating the inclusion of social leave without pay in the working year of an employee over 14 calendar days;

From 07/22/2015 to 07/31/2015 - a period of temporary disability;

From 05/01/2015 to 05/20/2015 - social leave with partial pay;

03/25/2015 - absenteeism.

Sincerely, accountant Galina Vladimirovna"

Dear Galina Vladimirovna, in order to answer your question, it is necessary to understand the procedure for calculating the working year in case of its shift. This problem is relevant both when the employee is granted the next labor leave, and upon dismissal, when compensation is paid for unused leave.

The working year for which labor leave is granted must be equal in duration to 12 months actually worked (Articles 163, 164 of the Labor Code of the Republic of Belarus; hereinafter - Labor Code). At the same time, it must be borne in mind that the working year does not begin on January 1, but from the day of employment, and may end after 12 months from the date of employment. The thing is that not all periods of work are counted in the actual hours worked for the purposes of determining the working year, i.e. the work year is shifting. The beginning of the second and subsequent working years is the date following the end date of the previous working year.

Actual hours worked, for the purposes of determining the working year, are hours worked and unworked as determined by law. So, the hours actually worked include periods when the employee did not actually work, but he kept workplace and wages (Article 164 of the Labor Code):

Periods of being on labor leave (Article 150 of the Labor Code), periods of fulfillment of state or public duties(Article 101 of the Labor Code), social leave with partial and full preservation of wages (Article 191 of the Labor Code).

Example 1

The work year of an employee who did not have periods of absence

The first working day of the employee is December 12, 2014. He wrote an application for the grant of labor leave from December 21, 2015. During the work of the employer, the employee did not have periods of absence.

Since the worker had no periods of absence, all the time of work is included in the working year. In this case, the working year for an employee is the period from December 12, 2014 to December 11, 2015.

Example 2

Working year of an employee with paid social leave

The first working day of the employee is December 12, 2014. He wrote an application for the provision of labor leave from December 21, 2015. During the time of work with the employer, the employee was granted social leave with pay from August 1 to August 18.

Social leave with pay does not affect the calculation of the working year, so all hours worked are included in the working year. The working year in this case is the period from December 12, 2014 to December 11, 2015;

The period of temporary disability, incl. on pregnancy and childbirth (Article 164).

Example 3

The working year of the employee in the presence of temporary disability

The first working day of the employee is December 12, 2014. He wrote an application for a leave of absence from December 21, 2015. During his work with the employer, the employee fell ill from August 1 to 18.

Since the employee's illness will not affect the calculation of the working year, all hours of work are included in the working year - from December 12, 2014 to December 11, 2015;

Unpaid leave granted in accordance with the law or collective agreement, while the working year includes no more than 14 calendar days of such a vacation of the current year (Article 164 of the Labor Code).

Example 4

Working year of an employee with social leave

The first working day of the employee is December 12, 2014. He wrote an application for granting him labor leave from December 21, 2015. During the time he worked with the employer, the employee was granted leave without pay from August 1 to August 18.

Since the employee was granted social leave without pay for 18 calendar days, the working year is shifted by 4 days (18 - 14) and includes the period from December 12, 2014 to December 15, 2015;

Time of paid forced absenteeism (Article 164 of the Labor Code).

Example 5

The working year of the employee in the presence of absenteeism

The first working day of the employee is December 12, 2014. He wrote an application for a leave of absence from December 21, 2015. During his work with the employer, the employee was absent from the workplace on August 18 due to absenteeism.

Since the employee was absent on August 18, the work year is shifted by 1 day and includes the period from December 12, 2014 to December 12, 2015;

Other periods that, according to legislation or a collective agreement, are included in the working year (Article 164 of the Labor Code).

Example 6

Working year of an employee with social leave for exams

The first working day of the employee is December 12, 2014. He wrote an application for the grant of labor leave from December 21, 2015. During the time of work with the employer, the employee was provided with social leave to pass exams upon receipt higher education from January 12 to February 4 and from May 25 to June 17. The collective agreement provides for the possibility of granting unpaid leave to employees for more than 50 calendar days per year to participate in training and examination sessions with the inclusion of this period in the working year in addition to 14 calendar days of unpaid leave.

The employer has the right to provide in the collective agreement a condition on the inclusion of the period of employees being on social leave in connection with training without pay during the working year (clause 5 of the first part of article 164 of the Labor Code). If there is an article in the collective agreement on the inclusion in the working year of periods when the employee is on social leave to participate in training and examination sessions and pass exams without pay, the employee’s working year will not be shifted.

The employee's social leave amounted to 48 days, i.e. in accordance with the collective agreement, the working year will not be shifted. In this case, the working year for an employee is the period from December 12, 2014 to December 11, 2015.

Example 7

Working year of an employee who was on leave to care for a child before the child reaches the age of 3 years

The first working day of the employee is December 12, 2014. She wrote an application for a leave of absence from December 21, 2015. From February 1 to April 30, the employee was on parental leave until he reached the age of 3 years.

In accordance with the norms of the legislation, leave to care for a child until he reaches the age of 3 years is a leave with the preservation of the previous job, but without pay. An employee may at any time, at his own discretion, return to work (interrupt vacation), and then again go on leave to care for a child until he reaches the age of 3 years. Since the employee was provided with social leave to care for a child until he reaches the age of 3 years from February 1 to April 30 with a duration of 89 calendar days (28 days of February + 31 days of March + 30 days of April), the working year is shifted by 89 days: the working year includes the period December 12, 2014 to March 9, 2016

Let's get back to your question. To determine the work year, you must determine how many days are not to be included in the employee's work year.

For the period from October 1 to November 25, 42 calendar days (56 - 14) are not included in the working year. The period of temporary disability from July 22 to July 31 is included in the working year in accordance with part two of Art. 164 TK.

The period of stay on social leave with partial pay from May 1 to May 20 is included in the working year on the basis of part two of Art. 164 TK.

Thus, in your situation, the working year is shifted by 43 calendar days (42 days + 1 day).

I also want to remind you that the leave orders indicate the period for which the leave is granted, with its shift. We recommend that you keep a record of the provision of vacations in the personal cards of employees for their correct provision and calculation of compensation for unused vacation in the event of an employee's dismissal. There is currently no unified form for accounting for an employee's personal card, the organization has the right to independently determine the form of the employee's personal card and the procedure for filling it out.

Sincerely yours, Olga Pavlovna

If an employee takes more than 14 days of unpaid leave during the working period, the working period is shifted. In what case is this rule applied: if the employee takes, for example, 20 days at a time, or if the employee takes several unpaid leaves during the working period?

Answer

In both cases, this rule applies.

The working year is legal concept intended for legal regulation labor and some social holidays of employees who are in labor relations.

A working year is a period of time equal in duration to 12 months, but starting for each employee not on January 1, but from the day of employment with this employer. Each next business year is calculated from the expiration date of the previous one, and not from the end of next vacation(for example, for an employee hired on February 1, 2011, the first working year ends on January 31, 2012, the second begins on February 1, 2012 and ends on January 31, 2013).

However, the end of the working year and the beginning of the next working year may be shifted if the employee had periods excluded from the length of service giving the right to leave (part 2 of article 121 of the Labor Code of the Russian Federation).

  • the time the employee was absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
  • vacation time without pay, lasting more than 14 calendar days per year;
  • parental leave until the child reaches three years of age.

The fact that the employee is on these holidays extends his working year.

Thus, considering your examples, we can say the following:

1. If an employee takes at once, for example, 20 days?

In this case, only 14 calendar days are included in the length of service for granting annual paid leave, the employee's working year must be shifted by 6 calendar days.

2. If an employee takes a vacation several times during the working period without saving (for example, 2 and 4 days) and when more than 14 days accumulate, then do we shift the period by vacation days at our own expense in excess of 14 for a given working year?
Yes, if an employee takes leave without pay for several days, then it is necessary to keep records, and as soon as the sum of days without pay exceeds 14 calendar days per working year, it will be necessary to shift the period of the working year by required amount days.

Experts of the magazine "Kadrovoe delo" have prepared answers to

Details in the materials of the System:

1.Answer: When an employee needs to be granted annual paid leave

Vacation entitlement

When does an employee become entitled to leave?

Vacation for a partner

When to provide annual leave part-time employee

Part-time employees must be granted annual leave at the same time as leave at their main place of work. Moreover, if a part-time employee works for the first year, then he does not have to wait for the prescribed six months to receive a vacation. The organization is obliged to provide such an employee with leave in advance.

The part-time worker may be required to submit documents confirming the fact of leave from the main job. Such confirmation may be, for example, a copy of the leave order.

The duration of annual leave at the main place of work and part-time may not coincide. If the vacation at part-time work is shorter, the employee can compensate for the missing part of the days by taking a vacation at his own expense at part-time work.

This procedure for granting leave to part-time employees is provided for in the Labor Code of the Russian Federation and is explained in.

Seniority for the appointment of the main leave

The length of service giving the right to the main leave includes:

  • actual work time;
  • the time when the employee did not actually work, but in accordance with the law, the place of work was retained for him (illness, annual paid leave, holidays, physical examination, etc.);
  • forced absence time illegal dismissal or suspension from work and subsequent reinstatement previous work;
  • the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;
  • the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days in a working year;
  • other periods of time provided for by the labor (collective) agreement or local act organizations.

The length of service giving the right to the main leave does not include:

  • the time the employee was absent from work without good reason (including in the cases provided for);
  • the time of parental leave until the child reaches the age of three;
  • the time of leave granted at the request of the employee without pay, exceeding 14 calendar days in the working year.

This is stated in the Labor Code of the Russian Federation.

An example of calculating the length of service giving the right to annual paid leave

Accountant V.N. Zaitseva joined the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), the employee, on the basis of his application, was granted leave without pay.

Of the 30 calendar days of leave at their own expense, only 14 days in the working year are included in the length of service, giving the right to annual paid leave. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the length of service giving the right to leave.

Thus, Zaitseva will have the right to the first annual leave in six months. continuous work in the organization, that is, from November 7, 2010 (regardless of the duration of the available leave at their own expense), and the right to a second annual leave - not from May 7, 2011, but after a year and 16 days, that is, from May 23, 2011.

Nina Kovyazina, Deputy Director of the Department of Education and human resources Ministry of Health of Russia

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel


Current personnel changes


  • Inspectors from GIT are already working according to the new regulations. Find out in the Kadrovoe Delo magazine what rights employers and personnel officers have had since October 22 and for which mistakes they will no longer be able to punish you.

  • There is not a single mention of the job description in the Labor Code. But personnel officers need this optional document. In the magazine "Personnel Business" you will find the latest job description for a personnel officer, taking into account the requirements of the professional standard.

  • Check your PVR for relevance. Due to changes in 2019, the provisions of your document may violate the law. If the GIT finds outdated wording, it will fine. What rules to remove from the PVTR, and what to add - read in the magazine "Personnel Business".

  • In the magazine "Personnel Business" you will find an up-to-date plan on how to create a safe vacation schedule for 2020. The article contains all the innovations in laws and practice that must now be taken into account. For you - turnkey solutions situations that four out of five companies face when preparing a schedule.

  • Get ready, the Ministry of Labor is changing again Labor Code. There are six amendments in total. Find out how the amendments will affect your work and what to do now so that the changes are not taken by surprise, you will learn from the article.

labor code). The duration of the leave per month is 31 calendar days / 12 months in a calendar year = 2.58 calendar days. Thus, the duration of labor leave for the specified period will be 2.58 x 9 = 23 calendar days. Similarly, we calculate the number of months worked for another period. divide by 29.7, we get 3 (3.43) months (translate the remainder 0.43 into calendar days by multiplying by 29.7, we get 12.7 (13) calendar days, which is not rounded up to a full month). days / 12 months = 2.41 calendar days (number of vacation days per month).

How does the working year shift when using unpaid leave?

  • from April 09 to April 11, 2012 for 3 calendar days.

The total duration of unpaid leave during the working year was 11 calendar days. Given that this duration does not exceed 14 calendar days, the boundaries of the working year do not shift.


Example 2 The employee's work year is also the period from August 21, 2011 to August 20, 2012. During this period, the employee was granted unpaid leave:

  • from October 01 to October 08, 2011 for 8 calendar days;
  • from April 09 to April 16, 2012 for 8 calendar days.

The total duration of unpaid leave is already 16 calendar days.

Sign in

For reference: periods included in the working year for which additional holidays for work with harmful and (or) dangerous working conditions and the special nature of the work (Article 157), are determined by the Government of the Republic of Belarus. Example 1 During the working year (from September 1, 2014 to
August 31, 2015) the employee was granted short leave without pay for family reasons several times total duration 14 calendar days (Article 190

TC). Since these periods did not exceed 14 calendar days, the time the employee was on leave without pay in this case is included in the working year, which means that it does not shift the period for which the employee can be granted leave. That is, leave will be granted for the working year from September 1, 2014.

Making a transfer of vacation

Attention

So, if the rules of the internal work schedule the illness of a family member is provided as a basis for extending or postponing the annual paid leave, the employer, when the employee submits a disability certificate for care, for example, for a child, must postpone or extend his leave (Letter of Rostrud dated 06/01/2012 N PG / 4629-6-1) . Note! In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization or individual entrepreneur, with the consent of the employee, the transfer of vacation to the next working year is allowed.

In this case, leave must be used no later than 12 months after the end of the working year for which it is granted. In any case, failure to grant annual paid leave for two consecutive years is prohibited.

How to shift the period on vacation without pay for more than 14 days?

Question If an employee takes more than 14 days of unpaid leave during the working period, then the working period is shifted. In which case does this rule apply: 1. if the employee takes at once, for example, 20 days? or 2. if an employee takes during the working period several times a vacation without saving (for example, 2 and 4 days) and when more than 14 days accumulate, then do we shift the period? Answer Answer to the question: In both cases, this rule applies. The working year is a legal concept intended for the legal regulation of labor and some social holidays of employees who are in labor relations.
A working year is a period of time equal in duration to 12 months, but starting for each employee not on January 1, but from the day of employment with this employer.

Info

In what cases are the boundaries of the working year shifted? In accordance with Article 121 of the Labor Code of the Russian Federation, the boundaries of the working year of employees are shifted in the event of:

  • use by an employee of leave without pay for more than 14 calendar days during the working year;
  • granting parental leave until the child reaches the age established by law;
  • the absence of an employee at work without good reason, including as a result of his suspension from work.

How do the boundaries of the working year shift when using leave without pay? Consider how the working year shifts when using leave without pay using examples. Example 1 An employee's work year is from August 21, 2011 to August 20, 2012.

When does the vacation period change?

Important

The order to postpone the vacation must be registered in the manner prescribed by the employer, for example, in the register of orders (orders). It is necessary to familiarize the employee with the order to postpone the vacation against signature, and if he refuses, draw up an appropriate act.

Additionally, on the order itself, you can make an inscription about the refusal to familiarize yourself with the order. Of course, drawing up an act and an inscription on the order are not provided for by law in such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of postponement of the vacation).
Now you need to make changes to the vacation schedule, time sheet and, possibly, to a personal card. The last document is amended if the record of granting annual leave has already been made in it and the dates of the leave are changed due to the postponement.
Labor Code of the Russian Federation);
  • the time of parental leave until the child reaches the age of three;
  • the time of leave granted at the request of the employee without pay, exceeding 14 calendar days in the working year.

This is stated in article 121 of the Labor Code of the Russian Federation. An example of calculating the length of service giving the right to annual paid leave Accountant V.N. Zaitseva joined the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), the employee, on the basis of his application, was granted leave without pay.
Of the 30 calendar days of leave at their own expense, only 14 days in the working year are included in the length of service, giving the right to annual paid leave. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the length of service giving the right to leave.
of the Labor Code of the Russian Federation, such a priority 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 not later than two weeks before the beginning of the calendar year. Note. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. If the employer has not fulfilled this obligation and has not warned in a timely manner about the start time of the vacation, at the written request of the employee, he is obliged to postpone the annual paid vacation for another period agreed with the employee (part 2 of article 124 of the Labor Code of the Russian Federation). Similarly, the employer must act in the event that the employee was not paid annual leave in a timely manner. We recall that, by virtue of Art.

Paid leave must be granted to the employee for each working year. When granting annual paid holidays, the employer must take into account that in some cases the working year of employees may be shifted.

How does the working year shift when using unpaid leave? How is an employee's work year determined? The employee's working year should be distinguished from the calendar year. The working year is understood as the period of work with this employer, counting from the date of entry into work. For example, if an employee is hired on April 10, 2011, then his working year will begin on April 10, 2011 and end on April 09, 2012. The next working year will start on April 10, 2012.

Labor leave, as a rule, is granted to the employee annually. However, in some cases, the working year for which the leave is granted may be shifted, and this circumstance must be taken into account by the personnel specialist. In this article, we will consider in what cases and how the boundaries of the working year are shifted and whether the legislation provides for a form for accounting for the shift in the working year.

Employees for the period of being on leave are paid average earnings, the so-called vacation pay. Consider how to determine the period for calculating vacation pay.

The working year for which labor leave is granted is a period of time equal in duration to a calendar year, but calculated for each employee from the date of employment (Article 163 of the Labor Code).

The employee's work year is different from the calendar year. At the same time, under the working year, labor legislation understands the period of his work with this employer, counting from the date of entry to work. For example, if an employee is hired on April 10, 2015, then their work year starts on April 10, 2015 and ends on April 9, 2016. The employee's next work year will begin on April 10, 2016.

Reference:
employees, regardless of who their employer is, on the type of contract they employment contract, forms of organization and remuneration are entitled to the main vacation (Article 154 of the Labor Code).

Time periods that are included in the working year

The working year for which leave is granted includes:

actual hours worked;

The time that the employee did not work, but according to the legislation or the collective agreement, the previous job and wages were retained, or he was paid benefits under the state social insurance, with the exception of parental leave until the child reaches the age of 3 years;

Vacation time without pay, not exceeding 14 calendar days during the working year;

Paid involuntary absenteeism, etc. (Article 164 of the Labor Code).

Reference:
the periods included in the working year for which additional leaves are granted for work with harmful and (or) dangerous working conditions and the special nature of work (Article 157) are determined by the Government of the Republic of Belarus.

Example 1

During the working year (from September 1, 2014 to August 31, 2015), the employee was several times granted short-term leave without pay for family reasons with a total duration of 14 calendar days (Article 190 of the Labor Code). Since these periods did not exceed 14 calendar days, the time the employee was on leave without pay in this case is included in the working year, which means that it does not shift the period for which the employee can be granted leave. That is, leave will be granted for the working year from September 1, 2014 to August 31, 2015.

Periods of time that are not included in the business year

In accordance with labor legislation, the boundaries of the working year of employees are shifted in the event of:

The use by an employee of leave without pay for more than 14 calendar days during the working year (clause 5 of the first part of article 164 of the Labor Code);

Granting leave to care for a child until he reaches the age established by law (clause 2 of the first part of article 164 of the Labor Code).

IT IS IMPORTANT! The employer has the right to provide in the collective agreement, the agreement on the inclusion in the working year of the period the employee is on vacation without pay for more than 14 calendar days.

In this case, the employee's working year will not be shifted by the number of calendar days of social leave without pay in the working year, exceeding 14 calendar days, taking into account the number of days that is established in the organization's local acts. But if the employee is granted unpaid leave in excess of this period, then the shift of the working year is made by this number of days.

Example 2

In an organization that predominantly employs women, the collective agreement stipulates that during the year, employees can use 20 calendar days of unpaid leave, which are included in the working year. One of the employees for the year was granted 5 vacations without pay for a period of 5 calendar days. This means that her working year will be shifted when granting labor leave by 5 calendar days (25 - 20).

I want to clarify whether I am correctly shifting the period for an employee who often takes vacations without pay: the first vacation period - 10/01/2012-09/30/2013 - took 28 days off. annual leave from 02/03/2014 to 05/03/2014 - draws up a vacation without saving. salary for 90 k.d. to calculate the next period I add 76 k.d. and I get the period from 12/16/13-12/15/14 during this period from 12/16/13-12/15/14 the employee takes annual leave for 14 k.d. - from 08/18/14 to 08/31/14, then from 09/01/14 to 11/28/14 - 89 k.d. the employee again takes a vacation without saving salary, now from 04/27/15 the employee wants to take annual leave for 14 k.d. according to holiday schedule. question - for what period should we provide the employee with annual leave? as I understand it, for the last period (12/16/13-12/15/14), since during this period he walked only 14 k.d. but only the next period I will shift him by 75 days.

Answer

Answer to the question:

The working year is a legal concept intended for the legal regulation of labor and some social holidays of employees who are in an employment relationship.

A working year is a period of time equal in duration to 12 months, but starting for each employee not on January 1, but from the day of employment with this employer. Each subsequent working year is calculated from the expiration date of the previous one, and not from the end of the next vacation (for example, for an employee hired on February 1, 2011, the first working year ends on January 31, 2012, the second begins on February 1, 2012 and ends January 31, 2013).

However, the end of the working year and the beginning of the next working year may be shifted if the employee had periods excluded from the length of service giving the right to leave (part 2 of article 121 of the Labor Code of the Russian Federation).

The fact that the employee is on these holidays extends his working year.

According to Article 121 of the Labor Code of the Russian Federation, the length of service for the provision of annual basic paid leave includes the time of unpaid leave granted to the employee at his request, not exceeding 14 calendar days during the working year. That is, if the specified threshold is exceeded, the boundaries of the employee's working year and the next paid vacation are shifted.

Working year: 01.10.2013-30.09.2014

Without payroll 90 calendar days - 14 calendar days, included in the length of service for the provision of annual paid leave;

76 calendar days - from the length of service, giving the right to leave, are excluded. It is for this period that the working year of your employee is shifted.

Actual working year: from 01.10.2013-15.12.2014

Therefore, leave in the amount of 14 calendar days was granted to the employee for the period 01.10.2013-15.12.2014.

Further, the employee takes a vacation without pay for 89 calendar days from 09/01/2014-11/28/2014, which falls on the same working year 10/01/2013-12/15/2014. This means that we shift this period by another 89 days.

We get the working year 01.10.2013-14.03.2015

Therefore, the next working year is 15.03.2015-14.03.2016. It is for this year that the employee must be granted leave from 04/27/2015.

Details in the materials of the System Personnel:

Seniority for the appointment of the main leave

The length of service giving the right to the second and subsequent basic leave includes:

The length of service giving the right to the main leave does not include:

  • the time the employee was absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
  • vacation time without pay, lasting more than 14 calendar days per year;
  • parental leave until the child reaches three years of age.
    1. Answer: When should an employee be granted annual paid leave?
    1. actual work time;
    2. the time when the employee did not actually work, but in accordance with the law, the place of work was kept for him (illness, annual paid leave, holidays, medical examination, etc.);
    3. time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;
    4. the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;
    5. the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days in a working year;
    6. other periods of time provided for by the labor (collective) agreement or local act of the organization.
  • the time the employee was absent from work without good reason (including in the cases provided for);
  • parental leave until the child reaches the age of three.*

This is stated in the Labor Code of the Russian Federation.

An example of calculating the length of service giving the right to annual paid leave

Accountant V.N. Zaitseva joined the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), the employee, on the basis of his application, was granted leave without pay.

Of the 30 calendar days of leave at their own expense, only 14 days in the working year are included in the length of service, giving the right to annual paid leave. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the length of service giving the right to leave.

Thus, Zaitseva will have the right to the first annual leave after six months of continuous work in the organization, that is, from November 7, 2010 (regardless of the duration of the available leave at her own expense), and the right to the second annual leave - not from May 7, 2011 , and after a year and 16 days, that is, from May 23, 2011. *

Nina Kovyazina
Deputy Director of the Department of wages, labor protection and social partnership Ministry of Health and Social Development of Russia

With respect and wishes for comfortable work, Ekaterina Zaitseva,

Expert Systems Personnel


Current personnel changes


  • Inspectors from GIT are already working according to the new regulations. Find out in the Kadrovoe Delo magazine what rights employers and personnel officers have had since October 22 and for which mistakes they will no longer be able to punish you.

  • There is not a single mention of the job description in the Labor Code. But personnel officers need this optional document. In the magazine "Personnel Business" you will find an up-to-date job description for a personnel officer, taking into account the requirements of the professional standard.

  • Check your PVR for relevance. Due to changes in 2019, the provisions of your document may violate the law. If the GIT finds outdated wording, it will fine. What rules to remove from the PVTR, and what to add - read in the magazine "Personnel Business".

  • In the magazine "Personnel Business" you will find an up-to-date plan on how to create a safe vacation schedule for 2020. The article contains all the innovations in laws and practice that must now be taken into account. For you - ready-made solutions to situations that four out of five companies face when preparing a schedule.

  • Get ready, the Ministry of Labor is changing the Labor Code again. There are six amendments in total. Find out how the amendments will affect your work and what to do now so that the changes are not taken by surprise, you will learn from the article.

 

It might be useful to read: