According to the legislation of the Russian Federation, any citizen working under an employment contract must receive the holidays laid down for him. How to calculate vacation is prescribed in the Labor Code. There are all the rules and responsibilities of the employer and employee. The provision of leave under the Labor Code is the receipt of rest time, free from labor duties, in which the employee retains his position and salary.
How to calculate vacation? First you need to calculate the vacation experience of the employee. This experience is the period for which a vacation is granted. Another name is the working year. These are just different names for the same period for which vacations are granted. However, sometimes accountants mistakenly believe that the period for which leave is granted is a calendar year. This is not true, because the employee is provided with it precisely for the working, and not the calendar year. A working year is 12 full months from the day a person is hired. That is, the
employee begins to earn the right to annual
leave from his first day of work with you.
Despite the fact that the employee’s vacation period is counted from the moment of the employment relationship with him, the employer is not obliged to give vacation days to him immediately. The right to use them for the first year worked arises for an employee only after six months of continuous work in the organization, including periods counted in the vacation period. Article 122 of the Labor Code does not say that the employee has the right to receive, and the employer is obliged to grant him leave after six months worked. Here we are talking about something completely different - that only six months later a new employee receives the same rights as the others with regard to the possibility of walking him off. However, with the permission of the head, it can be provided to an employee who has been working in the organization for less than six months.
How to calculate vacation in controversial situations? There are employees who are entitled to go on vacation even in the first year of their work, without waiting for the end of 6 months, and the employer will be obliged to provide it. These include, for example, women before going on maternity leave or immediately after it, minors, part-time workers.
How to calculate the vacation? According to the Labor Code and other regulatory documents, the employee is not obligated to walk all 28 calendar days at once without breaking into parts. Breakdown of leave is not prohibited by mutual agreement, however, if the condition is met that the minimum duration of one of the parts must be equal to 14 calendar days.
As for how to calculate the rest of the days, the TC does not say anything. In controversial situations, this issue can be resolved individually with each specific employee. For example, an employee can take 5 calendar days, not counting weekends, to extend the vacation. Or, conversely, with a large amount of work, an employee can take the remaining vacation for 2 calendar days, which fall on Saturday and Sunday. Consequently, each leader makes his own decision, which is desirable to be fixed in the regulatory local act of the organization.