Additional leave and the procedure for their provision are regulated by articles 116, 117, 118 of the Labor Code of the Russian Federation. Conditions and amount of payment are indicated there. But since not every person has time to study articles and standards, we will consider all the nuances that are associated with the provision of additional permits.
To whom are provided
If ordinary leave is intended for everyone, then additional leaves and the procedure for their provision is provided only for certain categories of workers. Among them:
- Workers of hazardous and hazardous industries.
- Employees who are engaged in characteristic work.
- Workers who have irregular working hours.
- Employees in the High North and similar territories.
- Other cases provided for by the Labor Code.
As for other categories, some medical workers can be attributed here. This is provided for in Article 360 of the Labor Code, and the government determines the duration of the rest. This also includes employees working abroad in difficult climatic conditions. Coaches and athletes also have a bonus in the form of additional rest.
The law allows for additional holidays. The procedure for their provision is established by the employer based on the capabilities of the enterprise. The issue is regulated by internal regulations and collective agreements.
Consider the options for providing each vacation separately.
Dangerous and harmful working conditions
Additional leave and the procedure for their provision is regulated by the Labor Code. It also says that they can count on additional rest:
- Those who work underground, in the mountains, in quarries.
- People working in radioactive zones.
- Employees employed at work that undermines health due to exposure to chemical, biological factors.
The term of such leave is prescribed in a government decree and is determined through annual certifications at workplaces. It is important to remember that, under the law, leave cannot be made for less than seven days. You can increase its duration, but there must be reason for this. For example, an employee’s position is on a list that allows for additional leave. The procedure for their submission and the deadline is also specified in this list. If everything meets the requirements, then a person can rest for up to 36 days.
There is another important point - those who work in hazardous or hazardous industries have the right to demand days of rest without a break, regardless of whether the profession is listed. By the way, such a vacation should be paid.
When the duration of rest is longer than the statutory period, then the list will be the argument. So decided the Supreme Court.
The special nature of the work
Article 117 of the Labor Code of the Russian Federation stipulates that these workers are also entitled to additional leave. And everything would be fine, but the problem is that the Labor Code does not establish what works are considered special. There is good news - a list of those has been established at the government level. It, for example, indicates people working in the Chechen Republic. With such activities, two days from each working month are considered as additional leave.
General practitioners also have bonuses in the form of additional leave. And general practice nurses can expect a vacation, but on one condition - the length of service must be at least three years. This rest lasts for three days.
Irregular working hours
If article 117 of the Labor Code of the Russian Federation spells out the conditions under which leave is granted for workers with special activities, then article 119 regulates the issue of irregular working days. Before considering the conditions, we will explain what an irregular working day is.
An irregular working day means a regime where employees, if necessary, are involved in the performance of duties longer than is required by the rules. Positions that presuppose an abnormal regime are prescribed in a collective agreement or other internal document. This local act should be adopted only under the supervision of the union.
All points are spelled out in Article 119, although internal documents also have a certain weight. For example, a collective agreement establishes the duration of such leave. It can not be less than three days, but the leader can, at his discretion, increase the number of days off.
Sometimes controversial situations arise, because it is not always clear who needs additional rest, especially if a person has never been involved in irregular work. This issue is disclosed in a letter from Rostrud from 2012. It states that the basis for the vacation is a mark in the collective agreement, that is, the position provides for irregular working hours. In addition, the law does not consider that vacation is calculated in terms of time worked, therefore it must be provided even if the employee did not work beyond the norm.
Far North
Who put the extra vacation, we almost figured out. It remains to disassemble several categories of workers. For people who work in the North, there are many pleasant bonuses. Among them - a standard annual vacation and additional leave, which is provided on general conditions. In addition to such benefits, this category of workers can count on another additional vacation. It can not be less than 24 days and must be paid. The rule is relevant only for people working in the Far North, as for those who work in an area equivalent to the regions of the Far North, then they have a vacation time of only 16 days.
Shift workers fall into the category and can count on additional leave. It is important that the experience includes not only working days in the North, but also travel time.
To determine the number of vacation days, not only working days are taken into account, but also so-called travel days. All this must be done in order to correctly calculate the length of service on which the possibility of using additional leave depends.
Workers in the North and in the area equivalent to the Far North regions have the right to go on vacation of such duration that is obtained after summing up the main and any additional holidays. By the way, you can only add holidays for two years and with a total duration of no more than six months. This period includes days of travel to work and unpaid leave.
If it turns out that there remains an unused part of the main vacation and it exceeds six months, then the employee can add it to the main vacation for the next year.
Chapter 19 of the Labor Code of the Russian Federation explains that people who work in other areas of the North, where there is a percentage allowance and a district coefficient, can also get additional leave.
By the way, additional rest can be taken after six months worked.
Sick leave
It is not uncommon for people to get injured at work. For some, they are very serious, so the employer is obliged to provide additional rest to his subordinate, which the latter will spend on sanatorium treatment.
According to article 116 of the Labor Code of the Russian Federation and comments on it, such leave is given for the entire period of treatment. During the holidays, the road in both directions is included.
For the employer to take a vacation, it is enough to provide an order from the territorial FSS. The same body pays for the treatment.
It turns out that only with the consent of the FSS can one pay for the employee’s therapy. If there is no confirmation, the manager is not obliged to pay for treatment at his own expense.
Retirement Holidays
The law allows for annual additional paid leave for workers with irregular working hours, people who work in dangerous or harmful conditions, shift workers and other categories, but why not provide additional days of rest for pensioners? If a person has retired, but does not quit his job, then the state helps him by all means. Such assistance lies primarily in the fact that a working pensioner can count on administrative leave.
This type of vacation is not paid by the employer and lasts 14 days. But this does not mean that the manager cannot take the initiative and provide several paid days for ordinary leave. A similar practice should be enshrined in the internal documents of the enterprise.
As for the state, it does not imply payment of vacation.
Military leave
People who have given their lives to the army and the homeland deserve all respect, and therefore the state provides them with certain bonuses. For example, war veterans at the end of the service have the right to rest an additional 35 days a year. Even if a person has already got a job in a civilian profession, they cannot refuse such a vacation.
It is also impossible to receive compensation for money for it, because payment for these days of rest is not made. Unfortunately, transferring also fails.
How long is the vacation
Chapter 19 of the Labor Code of the Russian Federation also stipulates the terms of vacation. According to the law, when determining the total duration of the main vacation, additional rest (if paid) is also added to the main one.
It is important to know that vacation duration is measured in calendar days and does not have an upper threshold.
The annual additional paid leave to workers employed in work with harmful and / or dangerous working conditions is provided for a period of 12 days. They are added to the main vacation, which lasts 28 days. How is the duration of rest calculated?
Rostrud made recommendations in this case. The letter states that you need to count from the moment the rest begins. That is, after 28 days have been counted, they add an amount that is a multiple of a six-day work week.
Then the end date of the vacation is determined. When all calculations are made, the vacation period is transferred to calendar days. This will determine the duration of the vacation.
It is important to understand that holidays that fall during the vacation period are not included in the total duration of the latter.
The rules for providing annual additional paid leave to people working in hazardous and hazardous industries provide for at least 11 months of work experience. If the employee works less than this period, then rest is provided according to the hours worked.
Here, too, has its own nuance. To calculate the duration of the vacation, only those days are taken into account when the employee was at the factory for at least half the working day.
Important Features
Annual additional paid leave for the special nature of work or other activities cannot be provided in advance in most situations. If this is allowed for basic rest, then additional leave can be obtained only in a few cases, for example, for irregular working hours. This is because almost all categories of workers have to calculate the number of days worked. Therefore, a person can count on additional days of rest only if he has worked for 11 months.
The next point concerns part-time workers, for whom this work can be both primary and secondary. According to the law, these people can expect a vacation on an equal basis with everyone. It is about both the main rest and the extra days. Article 119 of the Labor Code of the Russian Federation explains in detail all the nuances.
Vacation and Dismissal
The question is quite widespread, especially if we understand it in the context of granting upfront vacations. Sometimes it happens that a person leaves his job earlier than he takes leave taken in advance. In this case, he must return the excess amounts that were paid to him as vacation pay. This is regulated by 137 articles of the Labor Code.
Vacation sharing
The annual additional paid leave for length of service or in connection with the position can be divided in exactly the same way as the main one. In this case, the conditions of separation must be observed. One part cannot be less than 14 days, while the duration of the other is not so important.
Additional leave can also be rescheduled or extended, but this requires a reason. For example, if a person is temporarily incapacitated for work or during the period of legal leave he has fulfilled work duties, his rest time may be increased.
Article 126 of the Labor Code states that for days of leave remaining from 28 days, monetary compensation is possible. Of course, this is possible only if the employee agrees.
You can not replace the rest with money for pregnant women, workers under the age of majority, and those who are engaged in hazardous or hazardous industries. It is also enshrined in law and is not subject to dispute. This does not include the payment of monetary compensation upon dismissal of an employee.
Submission Procedure
Most often, separately, additional leave cannot be used, especially for those people whose professions are on the list of positions with irregular working hours. But not everything is so bad, because if the vacation is paid, then a person can take compensation for it with money. To do this, just write a statement to the head of the organization - and all issues will be resolved.
The issue has been considered on dividing the vacation, but it will be useful to recall that one part of the vacation cannot be less than 14 days.
If by the time the main vacation arrives, the employee has not accumulated enough hours for an additional full amount, he will be given as many days off as he worked.
Vacation
All working people know how basic leave is arranged. In order to relax at a specific time, a person must write a statement addressed to the employer. An organization letterhead or plain white paper is used.
The application must contain:
- Information about the applicant and the employer. Indicate this in the upper right corner. It is necessary to indicate the full name the head or his representative. It is important that the statement indicates the official who has the authority to sign it. The applicant must also indicate information about himself: and position.
- Document's name. That is, the word "Statement" should be written in the center of the sheet. After it no periods, commas or other punctuation marks are put.
- The next step is to write the text itself. A person writes a request to give him leave, he may not indicate the term of the latter, if he is not going to share it. In the case when it is planned to use only part of the time, you must specify the time period. Recall that one of the parts of the vacation cannot be less than 14 days. You do not need to request additional leave in the application. The employee only needs to indicate the period and grounds.
- At the end, indicate the date of writing the application and put the signature of the employee.
Extra leave and taxes
By law, all vacation pay that has been paid to an employee is considered income. But personal income tax is deducted at the time of payment, that is, the employee receives vacation pay already with a tax deduction.
The list of non-taxable income is indicated in the Tax Code and there are no additional holidays there. This means that for all additional days of rest that were paid to the employee, they also withhold tax.
Taxes are not levied only on compensation payments that are associated with personal injury or personal injury.
But this does not mean that personal income tax is levied on all vacation payments. People who worked in radioactive zones receive money without tax. This is the only exception to the law and is due to the fact that vacation is financed from the federal budget.
As for insurance premiums, the same scheme works here. Only people working in areas of high radioactivity are exempt from such payments. The reason is indicated above and it is the same as in the deduction of taxes - the state pays money for vacation from the federal budget.
Conclusion
As you can see, it is not so difficult to arrange an additional vacation. Of course, there are many nuances in the law, nevertheless, any problem can be solved. If the employer is caught unscrupulous, then the conflict may result in a lawsuit. In this situation, you need to try to collect more evidence of abuse and bring witnesses.
In general, the court is rather an extreme measure; it is never too late to turn there.Try to resolve the conflict peacefully, because it is entirely possible that it was you who misinterpreted the law. As a rule, an ordinary person is poorly legally savvy and does not always know who is entitled to additional leave, which may affect his relationship with his superiors. Before asserting rights, understand the regulatory framework. It is possible that the employer is doing everything right.
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