Each employee has the right to paid leave. This is recorded in Art. 114 of the Labor Code of the Russian Federation. This right appears after 6 months of work. There is also an additional vacation provided to certain categories of citizens. It is mentioned in art. 116 Labor Code of the Russian Federation. The head can draw it up at his own discretion, which should be included in the collective agreement or other local acts.
The minimum duration of this vacation in 2018 is 3 days. It can be increased based on the initiative of the employer, but it will not work to reduce the period. Read more about this right in the article.
Harmful conditions
The law has such a term as “harmful working conditions”. This is set by job evaluation. There are 4 categories of harmfulness:
- Optimal. At work, there are no harmful factors for the health of employees.
- Valid. In this case, there are harmful factors, but their indicators are not more than the value allowed by law.
- Harmful. There are factors whose value is greater than permissible.
- Dangerous. Harmful factors are high, because of which there is a risk of occupational diseases, and this leads to loss of working capacity.
If category 2, 3 or 4 is established, then additional leave is necessary for harmful conditions. The employer must provide it every year, as well as the main one. For these employees, the minimum vacation time is 7 days. This is approved by paragraph 1 of Government Decision No. 870.
An employee can get additional time for rest for the actually worked period in harmful conditions. It turns out that is not credited to the experience:
- Sick.
- Maternity leave.
- The period when a woman was transferred to lighter conditions due to pregnancy.
- The time of execution of state and public duties.
If harmful working conditions, additional leave is issued in the same way as in other cases. It must be agreed with the employer.
Irregular day
In Art. 119 of the Labor Code of the Russian Federation, it is indicated that the minimum duration of additional paid leave for employees with irregular working hours is 3 days. An irregular working day is a period of work that lasts longer than the set time.
The list of posts having such a work schedule should be recorded in a collective agreement or other local regulatory act. The employees in the labor agreement should indicate that he is working not standardized. The maximum duration of this vacation is not limited. The employer may add paid days at his discretion.
The right to additional leave appears regardless of how many days a person has worked more than the norm. If the collective and labor contract states that this position has such a schedule, then the right to an additional period of rest is automatically applied.
An employer cannot replace an irregular schedule with overtime work and provide compensation. Processing times, even with a written statement by an employee, are not paid for overtime work. This is offset only by the provision of rest days. And if the employee has not used the days, then under Art. 126 of the Labor Code of the Russian Federation, he can receive monetary compensation, but only on the basis of a written application.
Chernobyl
The victims of the Chernobyl accident have a list of benefits, including additional leave. For categories 1 and 2, 14 paid days are paid each year. And with categories 3 and 4, they make administrative leave for 14 days.
The procedure for registering vacation time is the same as for the rest of the staff. You need to use this right with the main period of rest, that is, 6 months after the start of work. Upon written request, compensation for an unused period may be issued.
Occupational diseases
If an employee is assigned a disability that was obtained due to an accident at work or an occupational disease, then an additional annual leave must be granted for spa treatment. This period is drawn in excess of the main for the entire time of treatment, including on the road in both directions. The right is fixed in paragraph 10 of Art. 17 Federal Law No. 125.
The basis for receiving such a period is the order of the FSS, which performs payment for treatment. Therefore, this right is granted only if everything is paid by the FSS.
Working pensioners
An additional vacation is also provided for working pensioners. This is enshrined in Art. 127 of the Labor Code of the Russian Federation. The duration of this period is 14 days. This time the employer does not pay.
Only on the basis of personal initiative, the manager can provide pensioners with paid days for the main vacation. But this should be fixed in a collective agreement or other regulatory act. According to the law, paid retirement days are not provided for working pensioners.
Medical workers
There is a list of industries, workshops, and professions for which additional leave for labor in hazardous conditions is laid. The list includes medical professionals. According to Art. 116 of the Labor Code of the Russian Federation, this right is granted after an assessment of working conditions. The results of this event also depend on the duration of the vacation.
The following specialists have the right:
- Workers in the psychiatric field - 35 days.
- Employees of laboratories of psychiatric hospitals - 21 days.
- Workers performing TB activities - 14 days.
- X-ray lab employees - 21 days.
- Workers with HIV infection or drugs with the virus - 14 days.
If an employee has the right to annual additional paid leave for several reasons, then only one is counted. Summation is not allowed. General practitioners and nurses are given 3 days after three years of work.
War Veterans
According to Art. 16 Federal Law No. 5, war veterans who have left military service or are engaged in civil law activities may receive leave without pay up to 35 days a year. Its transfer or receipt of compensation is not permitted.
Submission Rules
Additional leave to the employee should be provided with the main. Separately, this is prohibited. Its payment is the same as the main one. If a person does not want to use this right. That may ask for compensation. To do this, you must draw up a statement addressed to the employer. He alone decides to pay him compensation or refuse.
The employee has the right to share his vacation, but 1 part of it must be at least 14 days. This part may just include an additional vacation.
Decor
This right is granted upon the written application of the employee. It must be written on the letterhead of the organization, and if it is missing. That uses a regular sheet. The application must include the following information:
- The data on the applicant’s employer are recorded in the upper right side: position and full name of the management representative and applicant.
- In the center should write "Statement."
- Then comes the bulk of the statement. There is a request for annual vacation. If an employee wants to use the entire period at once, then he does not need to be specified. If only part is used, then fixing the dates is mandatory. You must also indicate the request for additional leave - its period and basis.
- At the end is the date and signature of the applicant.
Vacation is carried out with the creation of the order. Commonly used uniform form is No. T-6. This document shall indicate the number and date of compilation, information about the employee, the name of the unit, the hours of work for which the leave is granted.
Compensation
The employee has reason to demand remuneration from the institution instead of additional leave. An exception is the list of specialists who work with certain pathogenic specifics. From the employee you only need to write a statement where the basis for the claim for payment will be fixed. To do this, use a special sample.
No matter how additional privileges are used, he is still entitled to an annual basic vacation of 28 days. You can still count on compensation if the days have not been spent. To determine the number of unused days, do the following:
- Establish vacation experience.
- Calculate the number of vacation days for a given period.
- Determine the amount of unused days off and subtract the figure from the number of days of rest.
The calculation of vacation pay is based on average earnings. And the average salary is set for the previous year period. If the employee did not work at that time, then the previous period is taken into account. Holidays are calculated for all payments, excluding those that are not related to remuneration.
The employer must know that vacation pay is due no later than 3 days from the start. Otherwise, the vacation is postponed. The employee has the right to claim monetary compensation for delay.
Vacation and cash compensation for an unused rest period are taken into account to establish the income tax base. Of these, personal income tax is calculated. Social insurance funds are necessarily calculated from these amounts.
Responsibility
If the management does not fulfill the obligation to provide compensation or vacation pay, measures are taken against the violator. These include fines, as well as a shutdown of the enterprise for up to 3 months. If the violation was repeated, then criminal liability ensues.
Making an additional vacation is the same as the main one. Since it is provided at the same time, 1 statement should be drawn up. The employer must be notified about this in 2 weeks. If the law provides for some time to relax, then you should definitely use it.