How long does it take for the first vacation. Rules for the provision of annual paid leave

Dear Elena!

In accordance with Art. 123 of the Labor Code of the Russian Federation:

The sequence of granting paid vacations 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 no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.
Vacation schedule is required for both the employer and the employee.

The legislation does not provide that when new employees are hired to an organization, changes must be made to the vacation schedule. But in practice, large organizations often make additions and form these additions as attachments to the main schedule. About the start time of the employee's vacation must be notified against signature no later than two weeks before its start(Article 123 of the Labor Code of the Russian Federation). Thus, if you have a vacation schedule and additions to it, and you are on schedule, then you must be provided with a vacation according to the schedule, and you must be notified two weeks before it starts.

According to Art. 122 of the Labor Code of the Russian Federation:

The employee has the right to use leave for the first year of work upon expiration six months of his continuous work with the given employer... By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

Therefore, if you do not have additions to the vacation schedule and / or the schedule itself, then you must be provided with vacation after 6 months for all 28 calendar days (the vacation is provided in advance), since you have such a right. Leave can be granted earlier than 6 months by agreement with the employer, and certain categories must be granted, by virtue of Art. 122 of the Labor Code of the Russian Federation:

women - before or immediately after maternity leave;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Regarding the division of leave into parts. Based on Art. 125 TC RF:

By agreement annual paid leave between employee and employer may be divided into parts... Moreover, at least one of the parts of this leave must be at least 14 calendar days.

Therefore, dividing the vacation into parts is mutually consistent. You have the right to ask to share the vacation and you have the right to walk it completely - all 28 calendar days.

The ban on the use of full leave of 28 calendar days is illegal, as is the ban on the granting of leave after 6 months of work. You can contact the GIT for the protection of your rights. Best wishes!

The right to leave for all employees is guaranteed by the Russian Labor Code. The employer is obliged to leave the employee on vacation at least once a year. This leave is at least 28 calendar days (in some cases it can be more). Vacation is paid as if the person continued to work. Newly employed employees are interested in exactly when they have the right to take a vacation. When the vacation is due new job according to the labor code in 2018 - how long to wait for your first vacation at the workplace.

When an employee has the right to the first leave under the Labor Code

In general, such a right appears after six months of work in a new place. Section 122 Labor Code sets just such a period.

However, automatically six months later, you won't be able to go on vacation. The employer may well refuse to take a vacation at this very moment, if, for example, work needs do not allow him to let you go on vacation.

However, during the first year of employment, you must be granted full leave.

If your employer does not let you go on vacation six months after employment, he must do so at least until eleven months have passed from the day you started your new job. Another month will be the vacation itself, and during the first year of work you will thus take advantage of your vacation.

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How long is the first vacation from a new job?

The Labor Code clearly states that the duration of the vacation is at least 28 calendar days a year. True, the same code allows you to divide the vacation into parts, but one of the parts cannot be less than 14 days.

In practice, this means that different employers may reason differently. In principle, the Labor Code proceeds from the fact that already six months after applying for a new job, you can get 28 days of leave. Yes, such a vacation is earned for full year work, not half a year. But the employer has the right to provide rest days in advance.

However, some employers may suggest that you split your 28-day vacation in two. Six months after getting a job, you will be given 14 days, then, over the next six months, you will be given another two weeks of rest.

Of course, in such a situation, the question arises regarding the payment of the vacation. The employee receives vacation pay before going on vacation. He is paid 28 days of rest, although he worked in a new place for only six months and, in fact, has not yet earned a full vacation.

This situation is provided by law. Upon dismissal, the employer, during settlement with you, will deduct the part of the vacation pay that was overpaid. This is the only deduction from the calculation that he has the right to make without your consent.

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Is it possible, according to the labor code, to take the first vacation at a new job ahead of schedule

Labor legislation in 2018 does not prohibit an employer from granting leave to a new employee even before six months have passed from the date of his employment. If the employer himself does not mind, there is no problem.

However, there are several categories of workers who are required to provide leave from a new job at any time, even if six months have not passed since the date of their placement in workplace... These categories include:

• underage workers,
• women who are going on or leaving maternity leave, in which case they can increase the duration of the maternity leave by means of annual leave,
• employees who have adopted a child under three months old,
• a male worker whose wife is on maternity leave,
• one of the parents or other legal representative of a disabled minor child,
• certain other employees who are guaranteed such a right by laws other than the Labor Code.

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How to take the first vacation from a new job

In small organizations, vacation can usually be negotiated with management at almost any time. If you warn about your desire a month or even two or three weeks in advance, problems most often do not arise.

However, if the organization is large enough or the manager is very strict, it is necessary to apply in advance. In large organizations, the vacation schedule for the next calendar year is drawn up at the end of the previous year, two weeks before its end. This is required by article 123 of the Labor Code of the Russian Federation.

It is clear that the employee who gets a job is not included in this schedule. An employee who is in charge of human resources, or an accountant, must schedule a new employee. They must come from general rule on the emergence of the right to leave at a new job six months after being employed.

If your organization is large, and the vacation schedule there is drawn up in this way, it is worth clarifying whether you are included in the schedule in advance.

Continuing the epic saga of a series of articles about vacations, I would like to answer a number of frequently asked questions (FAQ).

How many months the vacation is due?
After six months (article 122 of the Labor Code of the Russian Federation) of continuous work with the employer, the employee has the right to vacation. Let me emphasize - the RIGHT to vacation. It does not say that the employer is obliged to let you go immediately after 6 months. It's just that you don't even have a license before six months. And so before the end of the year you MUST provide your allotted 28 days. Since the employer must provide leave of 28 calendar days annually. I would like to note that they can go on vacation even earlier than these ill-fated 6 months, but by agreement of both parties. By the deduction method, we find that the employer is obliged to grant leave no later than 11 months continuously worked.

Leave for the second and subsequent years can be granted at any time, but ... As always, there is a "but". According to the priority annual leave workers. A vacation schedule is drawn up with the signatures of all interested parties, that is, employees. Such a schedule should be drawn up 2 weeks before the end of the year. Well, 2 weeks before the start of the vacation, the employee must be notified in writing of the start time of his vacation.

After six months of work, the employee is entitled to vacation not for 14 days, as many employers say, they say he earned only 14 days, but all 28. Then, in this case, the employer risks very much the paid vacation money, since the employee may not return from vacation.

Again, according to the new norms, a mandatory continuous part of the annual paid leave must be a period of at least 14 days. The employee can take the rest of the days in parts. This is where employers go.

How much vacation pay is paid?

Here the law is as accurate as possible with the timing. "Not later than three days before the start of the vacation." That's all, perhaps.

According to unofficial statistics, in the summer while working, 90% of all workers think about vacations. The remaining 10% have already gone to rest. Unfortunately, it is not always possible to go on vacation when you want, and for as long as you are “tired” and “worked hard”. Rjob breaks down the main points that future vacationers need to know. The vacation law is regulated by Chapter 19 of the Labor Code of the Russian Federation, Articles 114 - 128. Many points in it remain unchanged for a long time, but every year there are some innovations. Let's consider the main questions that employees may have. How long is it supposed to rest? 28 calendar days a year, that is, a full 4 weeks. It is advantageous to take a vacation during the holidays, since these days are not counted as calendar days and the vacation is extended at their expense. For example, in 2016, March 8 fell on Tuesday - an official day off.

When can I take vacation

Attention

Compensation for unused vacation: ten and a half months go in a year. When an employee who has worked in the organization for 11 months is dismissed, compensation for unused leave must be paid to him as for a full working year (clause 28 of the Rules, approved by the NKT of the USSR on April 30, 1930, No. 169). But sometimes those 11 months are not so worked up.< … Налог на прибыль: перечень расходов расширен Подписан закон, который внес изменения в перечень расходов, относящихся к оплате труда.

Thus, employers will be able to take into account in the “profitable” base the costs of paying for services for organizing tourism, sanatorium treatment and recreation in Russia for employees and their families (parents, spouses and children).< …

Let me go! 13 questions about vacation

What if during vacation I had to take sick leave? In this case, you need to provide the HR department with a copy sick leave and write a statement to extend the leave for sick days that coincided with the days of the vacation. If the application is not written, then the employer, on his own initiative, is not obliged to extend the vacation. Who Should Do Vacation Work? Such issues are resolved in each case individually.

In small companies, they try to relax during a quiet period or on the eve of doing the work to the maximum. If your boss or colleagues stubbornly call you with requests for help, finish, look and the like, and you don't know how to refuse or are afraid, you can go for a trick: do not look through your mail, turn on the phone for a couple of hours a day, do not pick up the phone, pretending to be that you are on an excursion or even sailed into the ocean. Many practice complete shutdown from working life on vacation.

After how many months is the employee entitled to vacation?

Important

Drawing up a vacation schedule and the procedure for granting vacation to new employees A vacation schedule is an official document that is drawn up at the enterprise to regulate the procedure for annual paid vacations for employees. This is necessary to ensure normal work organizing and preventing employees from going on vacation. The latter also has great importance, since the responsibility of sending employees on vacation rests with the management of the enterprise and in the event that the employee does not go on vacation in the current year without serious reasons, the responsibility rests with the employer.

This document drawn up at the company no later than 2 weeks before the end of the current calendar year. Thus, the last day for its signing, in accordance with Article 123 of the Labor Code of the Russian Federation, is December 17.

Chapter 19. leave

Federal Law of 30.06.2006 N 90-FZ) The minimum duration of the annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions, and the conditions for its provision are established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. (Part two as amended by Federal Law of 30.06.2006 N 90-FZ) Article 118. Annual additional paid leave for special character work Separate categories employees, whose work is associated with the peculiarities of the work, are provided with an additional annual paid leave.

How long can I take a vacation?

It's important to know! Exceptional case of calculating the duration of the first vacation period - additional leave which is provided when working with harmful or hazardous conditions. It must be drawn up in proportion to the hours actually worked (Article 121 of the Labor Code of the Russian Federation). Article 137. Limitation of deductions from wages Section 138.

Limiting the amount of deductions from wages To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year. Article 123. Priority for granting annual paid leaves What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in such a situation.

After how many months vacation is due in the first year of work

All employers are required to give employees a vacation after six months of work. They cannot refuse this. Is it possible to leave ahead of time The Labor Code determines that the employer has the right to give leave earlier than the established time limit (part 2 of article 122). He makes such a decision independently. Legal grounds for the exit of an ordinary employee who has not worked for six months, no.
The exception is the categories of personnel named in Part 3 of Art. 122. A new employee is entitled to early leave, for example, if he:

• has not reached the age of majority;
• adopted infant(not older than 3 months);
• is a pregnant woman (before or immediately after the holiday associated with this event).

There are also other exceptional cases determined by federal law. The sequence of rest The frequency of vacation periods at the enterprise is established by the vacation schedule.

It should be borne in mind that if the month is not fully worked, vacation pay will be charged in full only if he worked for 15 or more days. According to part 2 of article 122 of the Labor Code of the Russian Federation, a number of categories of workers have the right to go on full leave after a six-month period without the consent of the employer. These include:

• Women "in position", immediately before decree or after childbirth;
• Juvenile workers;
• Employees who have adopted a newborn.

The management of the company has no right to refuse to provide them with days of rest. If the employee is not given such an opportunity, he has the right to independently implement it without the consent of the employer. In addition, the latter can be held liable if it is established that he has violated the current legislation.

How long after the main vacation an employee can take vacation

Right to extra days rest are enjoyed by persons engaged in labor activity:

• In harsh conditions or in contact with hazardous substances;
• in educational institutions of preschool, basic, secondary specialized and higher education;
• And those who have not reached the age of eighteen (Article 267 of the Labor Code of the Russian Federation);
• In conditions of irregular working hours;
• Other cases provided for by federal or local regulations.

A citizen has the right to use the days of rest earned before the expiration of the six-month period. The employer can give consent to this if he has someone to replace this employee. Providing leave in advance, that is, in a larger amount than the employee actually earned, is possible only after he has worked at the enterprise for six months.
Prior to that, there was no such possibility.

In accordance with Art. 115 total duration of rest - 28 days. Article 115. Duration of the annual basic paid leave With the approval of the employer, the first leave may be granted even earlier than six months of work. Article 122. The procedure for granting annual paid vacations To certain categories of workers, it is relied upon, regardless of the duration of work at a particular enterprise:

• citizens under the age of 18;
• female employees awaiting the birth of a child;
• employees who have adopted children under the age of 3 months;
• other personnel who have the privileges granted federal laws(veterans, spouses of military personnel, part-time workers, etc.).

Schedule from starts to next hot. year db compiled no later than 31.12 current year taking into account the opinion of the trade union (if any) and the wishes of workers. Therefore, in sl. You must go on a scheduled vacation if you have not made it up - this is a violation for the employer. As for going on vacation outside the schedule, it is carried out by agreement with the employer.

Hello! Holidays are provided to employees in accordance with the approved vacation schedules. Such schedules are mandatory for both employees and employers. As for vacation periods and vacations, if an employee has been employed since 10.02.2015, then for the first year of work for which he has the right to use the vacation - 10.02.2015 - 09.02.2016, therefore the next vacation period is 10.02. 2016 -09.03.2017

When can I go on vacation after finding a job at a new place of work? says that the first right to annual paid leave arises for a new employee after 6 months. And if you manage to agree with the employer, then you can go on vacation without waiting for these 6 months.

It happens that an employee is not allowed to go on vacation after six months of work, citing production necessity and other reasons. This is not prohibited by law. However, he still has every right to go on vacation during the first year of his work activity.

Features of granting leave in the first year of work

An ordinary employee of the organization, not belonging to the privileged category of workers, in 2019 has every right to go on vacation after the first 6 months of work in a new place. But how many days of rest can he expect? Many people believe that the first vacation cannot exceed two weeks, that is, half of the standard vacation period.

In fact, the first leave at a new place of work under the Labor Code is always provided in full, for 28 calendar days (). The employee can go on vacation and later, according to the approved vacation schedule, take only part of the vacation (as agreed with the employer) or receive monetary compensation instead.

However, giving up on vacation and taking money instead of it for two years in a row will not work, the law does not allow this.

If the employee manages to agree with the employer, then he can go on vacation without even having worked six months beforehand. This only applies to work on labor contract, do not confuse with. In the case of work under a civil law contract, the employee agrees with the employer on the time and duration of his rest independently.

First leave benefits

There are several categories of employees who, according to the law, can go on vacation without waiting until they have worked in the organization for 6 months. Most of them are described in Art. 122 of the Labor Code of the Russian Federation.

These employees have the right to write a letter of leave on vacation in the first weeks of work in the organization:

• workers who have not yet reached the age of 18;
• women who are about to go on maternity leave, as well as spouses of women who are already on this leave;
• workers who have adopted a newborn child (under 3 months old);
• parents of disabled children who have not yet reached the age of 18, as well as their legal adoptive parents or guardians;
• other categories of employees entitled to early leave in accordance with federal and regional legislation.

Employees working in difficult or dangerous conditions, minors, employees have the right to leave after 6 months, as well as to additional days of the first vacation. educational institutions, as well as persons working in conditions of irregular working hours.

To obtain early leave, preferential categories of employees provide employers with certificates and other documents confirming their availability. You cannot refuse them even in connection with production or other necessity.

Additional conditions for the provision of vacations can be spelled out in local regulations, but they cannot violate the requirements of the Labor Code and other state and regional laws.

Priority for granting vacations

With when the first vacation at a new job is laid, everything is clear (after 6 months). But what about the sequence of vacations? In most enterprises, every year, in mid-December, a special vacation schedule is drawn up, which describes which of the employees and when will go on vacation in the next calendar year.

In the case when a new employee gets a job, the vacation schedule has already been approved and usually no one wants to redo it. Although this is not prohibited by law. In this case, the start date of the first vacation and its duration should be calculated on an individual basis. That is, to discuss this issue not only with the employer, but also, possibly, with the rest of the employees. Usually, new employees in their first year of work have to be content with the vacation time that remains free, in accordance with the schedule.

Employer's refusal to grant leave

Sometimes, after 6 months of work, when a new employee decided to go on his first paid leave, the employer may refuse him, citing production needs, the current workload of other employees or the lack of a worthy replacement. And this will not be considered a violation of labor laws. After how many months does an employee have every right to go on vacation, regardless of the employer's arguments? After a full calendar year of operation.

Every employee has the right to go on vacation once a year, and the employer cannot prevent him from doing so. He cannot reschedule vacation, for example, for next year... This can be done only with the written consent of the employee himself, if it is very necessary for the normal operation of the enterprise ().

However, in this case, the leave must still be used no later than 12 months after the expiration of the working year for which it is granted.

It is forbidden not to go on vacation for 2 years in a row, as well as to postpone the vacation to the next year for minors and employees engaged in work that is harmful or hazardous to health. But an ordinary employee, if the employer literally forces him to postpone his vacation for the next year, can always file a complaint with the State Labor Inspectorate.

How is the registration of the first vacation carried out?

The basis for issuing an order to send an employee on vacation is his written statement written in free form. The application is first signed by the head of the department or other structural unit and then the CEO. In small businesses, the application is often passed directly to the director (head of the firm). If the employer signs this document, then it is sent to the HR department.

On the basis of an agreed application for granting leave, a corresponding order of the T-6 or T-6a form (as well as another form that is accepted at the enterprise) is issued. The applicant must be introduced to him against signature or sent him by mail a notice of the issuance of this order.

In general, the procedure for registering the first leave of an employee (after 6 months of work) does not differ in any way from the registration of other leaves.

Self-employment leave for the first 6 months of work

In addition to the next paid vacation, a new employee of the company has the right to ask his employer for an unscheduled vacation without pay. In this case, it does not matter how much time the person managed to work in the company. If there is such an opportunity, the employer sends the employee on vacation with the preservation of his place, but the calculation and payment of vacation pay does not occur.

Unpaid leave is always discussed with the employer individually. Usually it is provided for family reasons, but it may also be related to studies, professional development or other outside activities of the employee.

The head of the organization has every right to refuse such leave due to production needs or in the absence of documentary evidence of a persistent desire to go on extraordinary leave.

However, there are special categories of employees who cannot be denied leave at their own expense by the employer. This applies to workers of retirement age (vacation period up to 14 days), disabled people (up to 60 days), participants in the Second World War (up to 35 days) and other employees, if it comes to important family events.

The employer can refuse to take leave during the study session only if educational institution does not have state accreditation.