In what cases is the period of vacation. Determination of the date of the first working year. We draw up the transfer of leave

The definition of the working year is necessary in providing labor leave or calculate compensation for unused vacation When dismissal. At the same time, the working year may not be equal to 12 calendar months. His calculation has its own characteristics that are discussed in this article.

From the letter to the editor:

"The worker of our organization filed an application for his work holiday from December 28, 2015. It began its working year on December 5, 2014. The employee has the following periods of absence at work:

From 01.10.2015 to 25.11.2015 - Social leave without saving wages. The collective agreement of the organization does not contain the rules governing the inclusion of social leave without salary salary in working year Over 14 calendar days;

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

From 01/05/2015 to 05/20/2015 - Social leave with partial salary preservation;

03/25/2015 - Speed.

Regards, Accountant Galina Vladimirovna "

Dear Galina Vladimirovna to answer your question, it is necessary to deal with the procedure for calculating the working year in the case of its shift. This problem is relevant and when providing an employee of another labor leave, and when dismissal, compensation is paid for unused vacation.

Working year for which labor leave is provided, in its duration there should be 12 actually spent months (Article 163, 164 of the Labor Code of the Republic of Belarus; further - TC). It should be borne in mind that the working year begins not from January 1, but from the date of employment, and it can end after the expiration of 12 months from the date of employment. The fact is that not all periods of work are counted in actually spent time for the purpose of determining the working year, i.e. Working year is shifted. The beginning of the second and subsequent working years is the date following the end of the previous working year.

In fact, the spent time for the purpose of determining the working year is a spent and indispensable time defined by law. So, the periods are actually spent periods when the employee actually did not work, but he was preserved workplace and salary (art. 164 TC):

Periods of stay in work holidays (Art. 150 TC), periods of state or public duties (Art. 101 TC), social holidays with partial and complete salary preservation (Art. 191 TC).

Example 1.

Working year of the employee who had no periods of absence

The first working day of the employee - December 12, 2014, he wrote a statement about the provision of labor leave from December 21, 2015. During the employer's employer, there were no periods of absence.

Since the employee did not have no periods of absence, all the time work is included in the working year. In this case, the worker for the employee is the period from December 12, 2014 to December 11, 2015.

Example 2.

Working year of the employee in the presence of social paid vacation

The first working day of the employee - December 12, 2014. He wrote a statement about the provision of labor leave from December 21, 2015. During the employer's employer, a social leave with salary preservation from August 1 to August 18 was provided.

Social leave with salary preservation does not affect the calculus of the working year, so all spent time is included in the working year. Working year in this case is the period from December 12, 2014 to December 11, 2015;

Period of temporary disability, incl. Pregnancy and childbirth (Art. 164).

Example 3.

Working year of the employee in the presence of temporary disability

The first working day of the employee - December 12, 2014, he wrote a statement about the provision of labor leave from December 21, 2015. During the employer's work, the employee acted from 1 to 18 August.

Since the disease of the employee does not affect the calculus of the working year, all the time of work is included in the working year - from December 12, 2014 to December 11, 2015;

Vacation without salary salary provided in accordance with legislation or collective contractAt the same time, no more than 14 calendar days of such a vacation of the current year are included in the working year (Article 164 of the TC).

Example 4.

Working year employee in the presence of social leave

The first working hours of the employee - December 12, 2014. He wrote a statement about the provision of labor leave from December 21, 2015. During the employer's employer, an employee was provided with a vacation without salary salary from August 1 to August 18.

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

Time of paid forced absenteeism (Art. 164 TC).

Example 5.

Working year worker with absenteeism

The first working hours of the employee - December 12, 2014, he wrote a statement on the provision of labor leave from December 21, 2015. During the work at the employer, the employee was absent in the workplace on August 18 due to the absenteeism.

Since the employee committed a run on August 18, the working year is shifted on 1 day and includes the period from December 12, 2014 to December 12, 2015;

Other periods that under legislation or collective agreement are included in the working year (Article 164 of the TC).

Example 6.

Working year of the employee in the presence of social leave for passing exams

The first working day of the employee - December 12, 2014. He wrote a statement about the provision of labor leave from December 21, 2015. During the employer's employer, the employee was provided with a social vacation for passing exams upon receipt higher education From January 12 to February 4 and from May 25 to June 17. The collective agreement provides for the opportunity to provide unpaid leave by workers with a duration of more than 50 calendar days a 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 leave without salary salary.

The employer has the right to provide in the collective agreement the condition for the inclusion of the period of finding workers on social leave in connection with training without salary salary (clause 5 of the first part of Art. 164 TC). If there is an article in the collective agreement on the inclusion of periods of periods of service on social leave for participation in training sessions and passing exams without salaries, the worker will not move.

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

Example 7.

Working year of workers who were on maternity leave until the age of 3 years

First-time workers - 12 December 2014 she wrote a statement about the provision of paid leave from December 21, 2015 From February 1 to April 30, the employee was on leave to care for a child until the age of 3 years.

In accordance with the norms of legislation, the care of child care before the age of 3 years is a holiday with preservation of the former work, but without salary salary. The employee may at any time in its sole discretion to go to work (to interrupt his vacation), and then again to go on leave for child care until the age of 3 years. Since the worker provides social leave until the age of the child care 3 years from February 1 to April 30 the duration of 89 days (28 days of February + 31 day of March + 30 days of April), the working year is shifted by 89 days: working year includes the period From December 12, 2014 to March 9, 2016

Let's go back to your question. To determine the working year, it is necessary to determine how many days is not to be included in the working year of the employee.

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

The period of social leave with partial salary preservation from May 1 to 20 is included in the working year on the basis of part of the second Art. 164 TC.

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

I would also like to remind you that in the orders granting leave specified period for which granted paid leave, with his shift. We recommend to keep a record of the holidays in the personal cards of employees for their proper provision and calculation of compensation for unused leave in the case of dismissal of an employee. The unified form for accounting for the employee's personal card is currently no, the organization has the right to independently determine the form of a personal employee card and the order of its fill.

Sincerely yours, Olga Pavlovna

If an employee takes during the working period of leave without pay of more than 14 days, the working period is shifted. In which case, apply this rule: if an employee takes time such as 20 days, or if the employee takes over the operation period more than once leave without pay?

Answer

In both cases, this norm applies.

Working year is legal conceptintended for legal regulation Labor and some social holidays for workers who are in labor relations.

Working year is called a period of time equal to the duration of 12 months, starting each employee not on January 1 and the date of employment with this employer. Every next working year is calculated from the date of expiration of the previous one, and not since the end of the end regular holidays (Eg, the employee received in the company February 1, 2011, the first year of employment expires on January 31, 2012, the second begins February 1, 2012 and ends January 31, 2013).

However, the deadline for the end of the working year and the beginning of the next working year can shift if the employee had periods excluded from the experience giving the right to leave (part 2 of Article 121 of the Labor Code of the Russian Federation).

  • the absence of the employee from work without a valid reason (.. in t h in cases stipulated by Article 76 of the Labor Code.);
  • vacation time without salary salary, more than 14 calendar days per year;
  • time of child care leaves until they reach three years.

Finding an employee in vacation data prolongs its working year.

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

1. If the employee takes time, for example 20 days?

In this case, in the experience to provide an annual paid vacation, only 14 calendar days is included, for 6 calendar days it is necessary to shift the employee's working year.

2. If the employee takes during the working period several times vacation without preservation (for example, 2 and 4 days) and when over 14 days accumulate, then we shift the period for vacation days over 14 for this working year?
Yes, if the employee takes a vacation without salary salary for several days, then it is necessary to keep records, and as soon as the amount of days without salary salary will exceed 14 calendar days for the working year, it will be necessary to shift the period of the working year required amount days.

Experts of the Journal "Personnel Business" prepared answers to

Details in the materials of the system:

1. Content: When an employee needs to provide an annual paid vacation

Right on vacation

When the employee arises the right to leave

Vacation for partbook

When you need to provide annual leave Coopener-part-book

Part-time employees annual leave must be provided simultaneously with the release of the main place of work. Moreover, if part-time employee works for the first year, then waiting for the six months to get a vacation, it is not necessary. The organization is obliged to provide such an employee to an advance payment.

From the partner you can need it to prevent documents confirming the fact of leave for the main work. Such confirmation may be, for example, a copy of the order for the provision of leave.

The duration of annual holidays 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, taking a part-time vacation at its own expense.

Such a procedure for granting holidays to part-book staff is provided for in the Labor Code of the Russian Federation and clarified in.

Experience for the appointment of the main vacation

In the experience, giving the right to the main vacation, includes:

  • actual work time;
  • the time when the employee actually did not work, but for him, in accordance with the law, the place of work was maintained (illness, annual paid leave, holidays, medical examination, etc.);
  • time of forced absentee illegal dismissal or removal from work and subsequent restoration on former work;
  • the time of removal from the work of the employee who has not passed a medical examination is not in its fault;
  • time provided at the request of a vacation officer without salary preserving, not exceeding 14 calendar days in the working year;
  • other periods of time provided for by labor (collective) contract or local act Organizations.

In the experience, giving the right to the main vacation, does not include:

  • the lack of an employee at work without good reasons (including in cases provided for);
  • time of child care leave until they reach three years;
  • the time provided at the request of a vacation officer without salary preservation exceeding 14 calendar days in the working year.

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

An example of calculating the experience giving the right to an annual paid vacation

Accountant V.N. Zaitseva went to work on the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), an employee on the basis of his statement was given a vacation without salaries.

Of the 30 calendar days of holidays at your own expense, only 14 days in the working year are included in the experience giving the right to an annual paid leave. The remaining period is 16 calendar days (30 days - 14 days.) From the experience of the work that gives the right to leave, is excluded.

Thus, the right to the first annual leave will appear at the Hail after six months continuous work In the organization, that is, from November 7, 2010 (regardless of the duration of the existing vacation at its own expense), and the right to the second annual vacation - not from May 7, 2011, and in a year and 16 days, that is, from May 23, 2011.

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

Sincerely and wishes for comfortable work, Tatyana Kozlova,

expert system of personnel


Actual personnel changes


  • Checking from Git are already working on the new regulations. Find out in the journal "Personnel Business", which employers and personnel appeared for the rights from October 22 and for what mistakes will not be able to punish you.

  • In the Labor Code, there is no uniform mention. But this optional document is simply necessary for the personnel. In the journal "Personnel Business" you will find the relevant job description For personnel, taking into account the requirements of the professandard.

  • Check your PVT on relevance. Due to changes in 2019, the provisions of your document may violate the law. If the Git will find outdated wording, it will finish. What are the rules to remove from PVT, and what to add - read in the "Personnel Business" magazine.

  • In the journal "Personnel Business" you will find the current plan, how to make a safe vacation schedule for 2020. The article is all innovations in laws and practices that need to be considered. For you - ready solutions Situations with which four companies from five are facing situations.

  • Get ready, the Ministry of Labor changes the Labor Code again. Total amendments six. Find out how amendments will affect your work and what to do now so that the changes do not find surprise, learn from the article.

Labor Code). The duration of labor holidays per month is 31 calendar day / 12 months in the calendar year \u003d 2.58 calendar days. Thus, the duration of labor leave for the specified period will be 2.58 x 9 \u003d 23 calendar days. Analogically, we calculate the number of past months per one period. From 01/01/2008 to 11.04.2008 (31 + 29 + 31 + 11 \u003d 102 calendar days, We divide by 29.7, we get 3 (3.43) months (the residue 0.43 is translated into calendar days by multiplying by 29.7, we get 12.7 (13) calendar days, which is not rounded until a complete month). 29 calendar days / 12 months \u003d 2.41 calendar day (number of days of vacation per month).

How is the working year shifts when using vacation without payment?

  • from April 09 to April 11, 2012, the duration of 3 calendar days.

The total duration of vacations without salary is saved during the working year amounted to 11 calendar days. Given that this duration does not exceed 14 calendar days, then the borders of the working year are not shifted.


Example 2 Worker's working year is also period from August 21, 2011 to August 20, 2012. During this period, the employee is given leave without salary salary:

  • from October 1 to October 8, 2011, the duration of 8 calendar days;
  • from April 09 to April 16, 2012, 8 calendar days.

The total duration of vacations without salary is already 16 calendar days.

Sign in

Reference: Periods included in the working year for which additional holidays are provided for working with harmful and (or) hazardous working conditions and a special nature of work (Article 157) are determined by the Government of the Republic of Belarus. Example 1 for a working year (from September 1, 2014
On August 31, 2015) an employee several times was given short-term leave without salary conservation for family reasons. total duration 14 calendar days (Art. 190

TC). Since these periods did not exceed 14 calendar days, the time of finding an employee on holidays without salary salary in this case is included in the working year, and therefore does not shift the period for which the employee may be provided with labor leave. That is, vacation will be provided for the working year from September 1, 2014.

We draw up the transfer of leave

Attention

So, if the rules of internal labor routine The disease of the family member is envisaged as a basis for the extension or transfer of annual paid leave, the employer when submitting a leaflet of care disability, for example, the child must transfer or extend his vacation (a letter of Rostrud dated 01.06.2012 N GH / 4629-6-1) . Note! In exceptional cases, when the provision of vacation worker in the current working year may adversely affect the normal course of the organization or individual entrepreneurIt is allowed with the consent of the employee's transfer to the next working year.

At the same time, vacation should be used no later than 12 months after the end of that working year for which it is provided. In any case, failure to provide an annual paid leave for two years in a row is prohibited.

How to shift the period when leave without salary salary over 14 days?

Question If the employee takes a vacation during the working period without salary salaries over 14 days, the working period is shifted. In fact, this norm is applied: 1. If the employee takes at once for example 20 days? or2. If the employee takes during the working period several times the vacation without saving (for example, 2 and 4 days) and when it accumulates over 14 days, then we shift the period? Answer the answer to the question: in both cases this norm is applied. Working year is a legal concept designed to legal regulation of labor and some social holidays for workers in labor relations.
The working year is called a period of time equal to 12 months, but not beginning to each employee from January 1, but from the date of employment to this employer.

Info

In what cases are the borders of the working year shifted? In accordance with Article 121 of the Labor Code of the Russian Federation, the border of the working year workers are shifted in the case of:

  • use by a vacation worker without salary salary lasting more than 14 calendar days during the working year;
  • providing parental leave before reaching them as prescribed by the law of age;
  • there is no worker at work without good reasons, including due to its suspension.

How to shift the borders of the working year when using vacation without payment? Consider how the working year is shifted when using leave without salary salary on the examples. Example 1 Worker's work year is the period from August 21, 2011 to August 20, 2012.

In which case the vacation period is changing

Important

The order to transfer the leave should be registered in the manner prescribed from the employer, for example, in the journal of registration orders (orders). With an order to transfer leave, you need to familiarize yourself with the employee under the painting, and if it refuses - to make an appropriate act.

Additionally, on the order itself, you can make an inscription on refusal to get acquainted with the order. Of course, the compilation of the act and the inscription on the order is not provided for by law for such cases, however, we still recommend this to confirm the refusal in the event of a dispute (for example, about the post of posting).
Now you need to make changes to the vacation schedule, the working hours accounting table and, perhaps, in a personal card. In the last document, amendments are made if the entry on the provision of annual leave in it has already been made and due to the transfer of vacation dates.
TK RF);
  • time of child care leave until they reach three years;
  • the time provided at the request of a vacation officer without salary preservation 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 experience given the right to an annual paid vacation accountant V.N. Zaitseva went to work on the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), an employee on the basis of his statement was given a vacation without salaries.
Of the 30 calendar days of holidays at your own expense, only 14 days in the working year are included in the experience giving the right to an annual paid leave. The remaining period is 16 calendar days (30 days - 14 days.) From the experience of the work that gives the right to leave, is excluded.
TK RF, such a sequence is determined annually in accordance with the vacation schedule, approved by the employer, taking into account the opinion of the elected primary body trade union organization No later than two weeks before the calendar year. Note. The schedule of vacations is required both for the employer and for the employee. On the time of the beginning of vacation, the employee must be notified under the painting no later than two weeks before it began. If the employer did not fulfill this duty and did not warn timely on the start time of vacation, according to the written statement of the employee, he is obliged to transfer an annual paid leave for another period agreed with the employee (part 2 of Article 124 of the Labor Code of the Russian Federation). The employer should be done in a similar way when the employee has not been paid for annual leave in a timely manner. Recall that by virtue of Art.

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

How is the work year shifts when using leave without salary salary? How is the worker working year? Worker's working year should be distinguished from the calendar year. Under the working year it is understood as the period of work in this employer, considering from the date of admission to work. For example, if an employee is hired on April 10, 2011, then its working year will begin on April 10, 2011 and end on April 09, 2012. The next work year will begin on April 10, 2012.

Labor vacation is usually provided with an employee annually. However, in some cases, the working year for which labor leave is provided may be shifted, and this circumstance must be taken into account by a personnel specialist. In this article, we will consider in which cases and how the borders of the working year are shifted and the legislation provides a form of accounting for the displacement of the working year.

Employees for the period of stay in labor leave paid average earnings, so-called vacation taxes. Consider how to define the period for the calculation of the vacation.

Working year for which the labor leave is provided is a period of time, equal to the duration of the calendar year, but calculated for each employee from the date of employment (Article 163 of the TC).

Worker's working year is different from the calendar year. At the same time, under the working year, labor legislation understands the period of its work at this employer considering from the date of admission to work. For example, if the employee is accepted on April 10, 2015, then its working year begins on April 10, 2015. And will end on April 9, 2016. The next working year of this employee will begin on April 10, 2016.

Reference:
Workers regardless of who is their employer, from the type of prisoner labor contractThe forms of organization and wages have the right to the main vacation (Art. 154 TC).

Time periods that are included in the working year

In the working year, for which labor leave is provided, included:

Actually spent time;

The time that the worker did not work, but for him, according to the legislation or collective agreement, the former work and wages were preserved or he was paid to the state allowance social Insurance, except for the time of leave to care for the child until they reach the age of 3 years;

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

Time of paid forced absenteeism, etc. (Art. 164 TC).

Reference:
Periods included in the working year for which additional holidays are provided for working with harmful and (or) hazardous working conditions and a 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 granted a short-term leave without salary salary for family circumstances with a total duration of 14 calendar days (Article 190 of the TC). Since these periods did not exceed 14 calendar days, the time of finding an employee on holidays without salary salary in this case is included in the working year, and therefore does not shift the period for which the employee may be provided with labor leave. That is, vacation will be provided for the working year from September 1, 2014 to August 31, 2015.

Time periods that are not included in the working year

In accordance with the labor legislation, the border of the working year workers are shifted in the case of:

Use by a vacation worker without salary salary to a duration of more than 14 calendar days during the working year (paragraph 5 of the first part of Art. 164 TC);

Providing leave to care for a child before reaching it by the law by law (paragraph 2 of the first part of Art. 164 TC).

IT IS IMPORTANT! The employer has the right to provide in a collective agreement, agreement on the inclusion of a period of finding an employee on leave without salary salary for more than 14 calendar days.

In this case, the worker's working year will not be shifted by the number of calendar days of social leave without salary conservation in a working year, exceeding 14 calendar days, given the number of days established in local acts of the organization. But if a vacation worker is provided without salary salary over this period, the working year's offset is made on this number of days.

Example 2.

In an organization where women mainly work, the collective agreement provides that during the year employees can use 20 calendar days of leave without salary salary, which are included in the working year. One of the employees for the year was provided with 5 vacations without salary to 5 calendar days. It means that its working year will be shifted when providing labor leave for 5 calendar days (25 - 20).

I want to clarify whether I shifted the period of the employee who often takes a vacation without salary salary: the first period of vacation - 01.10.2012-30.09.2013 - Fucked 28 kd Annual vacation 03.02.2014 to 03.05.2014 - makes holidays without sax. s / n per 90 kp. To calculate the next period add 76 kp. And I get a period from 12/16/13-15.12.14. This period from December 16, 12-15.12.14 The employee takes an annual vacation at 14 k.d. - from 08/18/14 to 08/31/14 From 01.09.14 to 28.11.14 - 89 kp. An employee again takes a vacation without saving s / post from 04/27/15 An employee wants to take an annual vacation at 14 kp. According to the vacation schedule. Question - For what period should we provide an employee to provide an annual vacation? I understand that for the last period (12/16/13-15.12.14) since during this period it fell in walking only 14 kd And only the next period I will shift it for 75 days.

Answer

The answer to the question:

Working year is a legal concept designed to legal regulation of labor and some social holidays for workers in labor relations.

The working year is called a period of time equal to 12 months, but not beginning to each employee from January 1, but from the date of employment to this employer. Each next working year is calculated from the date of the expiration of the previous one, and not since the end of the next vacation (for example, an employee adopted on February 1, 2011, the first working year expires on January 31, 2012, the second begins on February 1, 2012 and Ends on January 31, 2013).

However, the deadline for the end of the working year and the beginning of the next working year can shift if the employee had periods excluded from the experience giving the right to leave (part 2 of Article 121 of the Labor Code of the Russian Federation).

Finding an employee in vacation data prolongs its working year.

According to Article 121 of the Labor Code of the Russian Federation, in the work experience in providing annual main paid leave, the vacation time is included without salary conservation provided by the employee at his request, not exceeding 14 calendar days during the working year. That is, if the specified threshold exceeded, the borders of the worker's working year and the next paid vacation are shifted.

Working year: 01.10.2013-30.09.2014

Without salary salary 90 calendar days - 14 calendar days, is included in the experience to provide annual paid leave;

76 calendar days - from the experience of the work 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.

Consequently, vacation in the amount of 14 calendar days is provided to the employee for the period 10.10.2014-15.12.2014

Further, the employee takes a vacation without salary salary for 89 calendar days from 01.09.2014-28.11.2014, which is all for the same working year 10/01/2013-15.12.2014. It means that the period is shifting for another 89 days.

We get a working year 10/01/2013-14.03.2015

Consequently, the next working year 15.03.2015-14.03.2016. It was this year that the employee needs to provide a vacation from 04/27/2015.

Details in the framework of the personnel system:

Experience for the appointment of the main vacation

In the experience, giving the right to the second and subsequent main vacation, includes:

In the experience, giving the right to the main vacation, does not include:

  • the absence of the employee from work without a valid reason (.. in t h in cases stipulated by Article 76 of the Labor Code.);
  • vacation time without salary salary, more than 14 calendar days per year;
  • time of child care leaves until they reach three years.
    1. Answer: When an employee needs to provide an annual paid vacation
    1. actual work time;
    2. the time when the employee actually did not work, but for him, in accordance with the law, the place of work was maintained (illness, annual paid leave, holidays, medical examination, etc.);
    3. the time of the forced absenteeism during illegal dismissal or removal from work and subsequent recovery in the former work;
    4. the time of removal from the work of the employee who has not passed a medical examination is not in its fault;
    5. time provided at the request of a vacation officer without salary preserving, not exceeding 14 calendar days in the working year;
    6. other periods of time provided by the labor (collective) contract or local act of the organization.
  • the lack of an employee at work without good reasons (including in cases provided for);
  • the time of child care leaves before reaching it for three years. *

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

An example of calculating the experience giving the right to an annual paid vacation

Accountant V.N. Zaitseva went to work on the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), an employee on the basis of his statement was given a vacation without salaries.

Of the 30 calendar days of holidays at your own expense, only 14 days in the working year are included in the experience giving the right to an annual paid leave. The remaining period is 16 calendar days (30 days - 14 days.) From the experience of the work that gives the right to leave, is excluded.

Thus, the right to the first annual vacation will appear at the Hail after six months of continuous work in the organization, that is, from November 7, 2010 (regardless of the duration of the existing holidays at its own expense), and the right to the second annual vacation - not from May 7, 2011 , and a year and 16 days, that is, from May 23, 2011. *

Nina Kovyzin
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 system of personnel


Actual personnel changes


  • Checking from Git are already working on the new regulations. Find out in the journal "Personnel Business", which employers and personnel appeared for the rights from October 22 and for what mistakes will not be able to punish you.

  • In the Labor Code, there is no uniform mention. But this optional document is simply necessary for the personnel. In the journal "Personnel" you will find up-to-date instructions for the personnelovik, taking into account the requirements of the professor.

  • Check your PVT on relevance. Due to changes in 2019, the provisions of your document may violate the law. If the Git will find outdated wording, it will finish. What are the rules to remove from PVT, and what to add - read in the "Personnel Business" magazine.

  • In the journal "Personnel Business" you will find the current plan, how to make a safe vacation schedule for 2020. The article is all innovations in laws and practices that need to be considered. For you - ready-made solutions to situations with which four companies are facing in the preparation of the schedule.

  • Get ready, the Ministry of Labor changes the Labor Code again. Total amendments six. Find out how amendments will affect your work and what to do now so that the changes do not find surprise, learn from the article.

 

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