How work is paid while on vacation. Can an employee work while on vacation? Is it legal to work while on vacation

In this article, you will learn:

• is it legal to work while on vacation;
• what are the penalties provided for by the Labor Code for the presence of an employee at the workplace during vacation;
• what contract is required to be concluded with such an employee;
• is it possible to arrange for an employee a part-time job for the duration of the vacation;

The employer concludes with him a work contract or a contract for the provision of services for the period of vacation. But it should be remembered that these ways of solving the issue are quite risky and not always legal.

During the vacation period, the employee should not be on the territory of the enterprise, otherwise problems with the labor inspection, in which case, cannot be avoided. If you work part-time, then according to article 268 of the Labor Code, leave from your main job must coincide with leave from part-time work.

Therefore, it is impossible to take a leave of absence from one job and continue to work on another. From all this, we can conclude that it is impossible to work during the vacation period.

If you cannot do without you at work, a review from the vacation should be issued.

Vacation work

You cannot be on vacation and at work at the same time, you cannot receive a salary and vacation pay at the same time. And the employer is unlikely to be delighted with such a situation.

The only thing that can be discussed in such a situation is the replacement of vacation with monetary compensation. But there are many restrictions that are regulated by Article 126 of the Labor Code of the Russian Federation.

Attention

The annual basic paid leave of 28 days cannot be replaced with monetary compensation. Only that part of the leave that exceeds 28 days can be compensated.

In addition, basic and additional paid leave cannot be substituted for monetary compensation when it comes to pregnant women, workers under the age of 18 and an employee employed in hazardous and / or hazardous working conditions for work in such conditions. Sometimes - if working on vacation is beneficial for both the employee and the employer - they find workarounds.

Can I work on vacation?

Moreover, this revocation is allowed only with the consent of the employee; they have no right to recall you from vacation forcibly. The part of the leave not used due to the recall must be compensated.

Important

These days can be “walked around” in the current working year whenever you like, or you can add them to the next paid vacation next year. But keep in mind that there is a category of workers who cannot be recalled from vacation.

It includes workers under the age of 18, pregnant women and workers employed in harmful and / or hazardous working conditions. But work during vacation is not always associated with a recall from vacation for urgent (or not very business).
It so happens that an employee wants to take a vacation, get vacation pay, but at the same time work and receive a salary during the vacation. But “wants” does not mean “can” or “has the right”.

But it will not be superfluous to study the relevant clauses of the legislation. So, work during the vacation is regulated by article 125 of the Labor Code of the Russian Federation.

It says that if during the vacation the presence of an employee at the workplace is necessary, then an official recall from the vacation should be drawn up, and only with the consent of the employee himself. Nobody has the right to forcibly recall you from vacation.

Although, of course, a refusal to “cover the embrasure with a breast” may be fraught in the future with a bad attitude on the part of the management, being dragged out, deprived of the bonus and even in the long term dismissal. It is not a secret for anyone that in commercial organizations the “law is not written” to the management, and if you do not show loyalty to the company, you, in turn, cannot count on its loyalty to your person.

But let's consider the option in which you are called back from vacation.

Can an employee work while on vacation?

The fact is that the costs of remuneration under civil contracts are recognized as economically justified only if the employee under them performs tasks that are not included in the labor function of the organization's staff **. Thus, the contract concluded with the manager Ilya on the fulfillment of his usual work duties during the vacation can serve as a source of trouble for LLC "M ...".

How to draw up a civil contract? The HR director advised the head of the sales department not to use such dubious work schemes in the future. But if the decision is made, you need to approach the preparation of a civil law agreement with all responsibility.
Tasks that are given to a vacationer should not copy his job duties.

Vacation work: is it legal?

Essence of the question The HR specialist of ZAO "M ..." Lyudmila went to the sales department in the morning of June 1 and was very surprised to see the manager Ilya there. The fact is that since May 28, this employee has been issued a regular vacation according to the schedule. When asked by the personnel officer about what he was doing at the workplace, Ilya replied: he agreed with the head of the department that he would perform an urgent task on vacation: he would control the inventory of products at two warehouses of the organization. And the salary for this period will be received as remuneration under a civil law contract.
Read more about work during vacation here: Talking with Ilya, Lyudmila remembered how, before vacation, he came to the personnel department and consulted whether it was possible not to go on vacation, but completely replace it with monetary compensation.
It should not be allowed that such terms as “employee”, “wages”, “disciplinary responsibility”, “internal labor regulations” and others that unambiguously indicate the labor nature of legal relations, should be included in a civil contract. A feature of civil agreements is the act of acceptance and transfer of work performed (work rendered). It is imperative to sign such a document with the contractor: in the event of claims or a legal dispute, he will help the organization to confirm that the citizen received and completed a specific task, and did not perform a labor function, which is of a continuing nature. A sample of a certificate of acceptance and transfer of work performed under a civil law contract On the recommendation of the HR director, Lyudmila, together with the head of the sales department, drew up a correct civil law contract (see page 93 for a sample).
And Ilya stopped coming to the office as to work, so as not to create the appearance of obeying the rules of the internal labor schedule. Are there other ways? There are no other legal ways to earn extra money while on vacation, except for a civil contract.

Sometimes employers enter into a fictitious fixed-term employment contract with another employee. And the task is performed by the same vacationer. Such a system is illegal, and one can only hope that it will not open when the State Labor Inspectorate checks it.

Please note that inspectors often not only inspect documents, but also communicate with staff, identifying the real state of affairs. The question often arises, is it possible to arrange a part-time job for an employee during a vacation? The Labor Code gives an unequivocal answer to it: it is impossible.

Part-time workers are granted annual paid leave at the same time as leave at the main place of work (Art.

If the employee was on sick leave during vacation

Of course, anything happens. It happens that a colleague who is performing your duties while on vacation gets sick or simply cannot cope. It happens that capricious clients want to work only with a specific specialist, and they have to be reckoned with, because money and reputation are at stake.

Employees holding key positions, qualified specialists and specialists who are "available in a single copy" at the enterprise are also not new to work during holidays. If the matter is not complicated and does not require a lot of time, if you are on good terms with your superiors and are ready to help, it is quite possible to provide such a service.

But remember that your boss has no right to force you to work on your legal leave. Vacation work is regulated by Article 125 of the Labor Code of the Russian Federation.

If the presence of an employee at the workplace during his vacation is necessary, a recall from the vacation is issued.

If an employee falls ill during vacation

• Themes:
• Civil contract
• Weekend work
• Annual paid vacation

Often, employees, in an effort to earn more, sacrifice their vacation for this. If during the holidays they enter into civil law contracts with other organizations or are looking for a part-time job at home, the employer does not have to worry about breaking the law, because he is not involved in such amateur activities. But there are times when an employee on vacation, with the consent of the management, goes to work in his own organization and the position he occupies. Is there a danger for the employer in such a situation? Let's take a look at it using the example of CJSC "M ...".

If the employee went on sick leave while on vacation

Labor Code of the Russian Federation). Following the letter of the law, accepting a part-time vacationer to complete any task, you will be obliged to immediately send him on vacation. This applies to both external and internal part-timers. If an employee has not worked for six months at a part-time job, leave is granted in advance (Article 286 of the Labor Code of the Russian Federation) Margarita SUCHKOVA, Head of the Human Resources and Office Work Department of the Federal State Institution Center MIR IT * The provisions of the Labor Code apply to such relations (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation"). ** Letter of the Ministry of Finance of Russia dated January 19, 2007 No. 03-04-06-02 / 3, letter of the Ministry of Finance of Russia dated January 26, 2007 No. 03-04-06-02 / 11.

The best part about work is vacation. A vacation is an annual vacation that is provided to employees of any organization.

Vacation types

There are different types of vacations:

• Basic vacation. This leave is twenty-eight days. If you do not want to rest for so many days in a row, you can divide your vacation into parts. First, rest for at least fourteen days, and then pick up the rest of the days. If you recently came to work, then you should work six months, and then write a vacation application. However, some employees may have been granted leave earlier, for example by employees under eighteen years of age. Further, the employee can receive leave at any time of the working year.
• Additional vacation. Additional vacation days are given to those workers who do not work rationed or their work is associated with danger.
• Unpaid leave. This vacation is for valid reasons. For example, a wedding or a funeral. The employee writes a statement, and the employer reviews it and provides such leave, if the reasons are really valid.
• Other leave (for example, maternity leave).

And so you go on vacation, enjoy your vacation, and suddenly a call comes from your boss. He wants you to go to work. Of course, there are different situations. For example, a colleague who temporarily performed your duties is ill or a client wants to work only with a specific specialist.

Is it possible to work on vacation? Let's figure it out.

Vacation recall

Your boss cannot force you to go to work from vacation against your will. However, according to article 125 of the Labor Code of the Russian Federation, you can be recalled from vacation if your organization cannot cope without you. In doing so, you must agree to work. If you agree to work while on vacation, then those days that you did not rest can be added to your next vacation or rest in the same year. If you do not want to interrupt your vacation, no one can force you to do so. The only thing that can happen is your boss's displeasure after you go to work after your vacation. Try not to react to this circumstance, because the law is on your side.

Who can't be revoked

• Workers under the age of eighteen;
• Workers who work at work with hazardous or harmful conditions;
• Pregnant women.

Compensation

It happens that an employee wants to go on vacation, naturally receiving vacation pay, and to work during the vacation, receiving a salary. Of course, you can't do that. It is forbidden to work and be on vacation at the same time, receiving both a salary and vacation pay. But you can get monetary compensation for unused vacation days.

But there are restrictions, they are spelled out in article 126 of the Labor Code of the Russian Federation:

• First, you cannot replace the entire vacation. Only that part of the rest that exceeds twenty-eight days can be replaced with monetary compensation.
• Secondly, both basic and additional leave is not replaced by compensation for pregnant women, as well as for too young workers under eighteen years of age and workers with harmful working conditions. These people should rest for the entire prescribed vacation.

Part-time job

What to do if a person works not only in one job, but also works part-time in another organization. In this case, leave must be taken on two jobs, in accordance with Article 268 of the Labor Code of the Russian Federation. That is, a person must go on vacation both at the main job and at a part-time job.

As you can see, you cannot work while on vacation. But you can issue a review from the vacation and "walk" unused days later. And best of all, use your right to rest, because you have worked in good faith for a whole year. Now you have the right to rest, gain energy, so that later with renewed vigor you can start performing your work duties.

The right to rest is granted by the Constitution of the Russian Federation, as well as by the Labor Code of Russia. If you would like to know about other employee rights, please read our section carefully.

Question answer. Legal advice online

I work in the state. organizations, I go to work once a week during my annual paid leave. For several years, for the day worked half in this way, one day off was provided, as was the case with the employee before me (0.5 working days for 1 day off). Recently, for some reason, they decided to count it as a clock. Those. worked 4 hours while on vacation, get 4 hours off.

Can I demand for the hours worked, as before, a whole day off, because this is a VACATION. What can be foreseen in this regard? I heard that there is a 1 to 2 system, where one worker is given two time off. Or for going out on vacation, it doesn't matter for five minutes or for a day, a whole day off?

claim this is your constitutional right.

In accordance with Part 2 of Art. 125 of the Labor Code of the Russian Federation, it is allowed to recall an employee from vacation. The employee's withdrawal from vacation is allowed only with his consent, while the employee's consent must be formalized in writing (for example, in the form of an application), received before drawing up an order to withdraw from vacation, a link to the employee's statement of consent to withdraw from vacation is a prerequisite such an order. The employee's refusal (regardless of the reason) to comply with the employer's order to return to work before the end of the vacation cannot be considered a violation of labor discipline. Contrary to the prevailing opinion, revocation (with the consent of the employee) is permissible from leave of any kind - annual paid leave, without pay and others, with the exception of targeted vacations.

The legislator has established a ban on recall from vacation:

workers under the age of 18;

workers engaged in work with harmful and (or) hazardous working conditions.

The unused part of the vacation due to the recall must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.

When recalling from vacation, a recalculation of wages must be made - the monetary amounts attributable to unused vacation days are sent to the payment of current wages for the time of work after leaving the vacation, and when these days are provided at another time, the average earnings for their payment are recalculated.

I hope that my answer was useful to you, if necessary - please contact! Best regards, A.P. Bikmurzin. Good luck to you.

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Vacation work

Imagine: you are going on a long-awaited vacation and hope at this time to enjoy a well-deserved rest, without thinking about work. But one fine day your boss calls you and asks you to go to work, because without you, well, nothing can be done. Is it legal to work while on vacation?

Of course, anything happens. It happens that a colleague who is performing your duties while on vacation gets sick or simply cannot cope. It happens that capricious clients want to work only with a specific specialist, and they have to be reckoned with, because money and reputation are at stake. Employees holding key positions, qualified specialists and specialists who are "available in a single copy" at the enterprise, vacation work is also not new .

If the matter is not complicated and does not require a lot of time, if you are on good terms with your superiors and are ready to help, it is quite possible to provide such a service. But remember that your boss has no right to force you to work on your legal leave. Vacation work is regulated by Article 125 of the Labor Code of the Russian Federation. If it is necessary for an employee to be present at the workplace during his vacation, recall from vacation... Moreover, this review is allowed only with the consent of the employee... they have no right to recall you from vacation forcibly.

Read also: Liquidation of a company and parental leave for a child under 3 years old

The part of the leave not used due to the recall must be compensated. These days can be “walked around” in the current working year whenever you like, or you can add them to the next paid vacation next year. But keep in mind that there is category of workers who cannot be recalled from vacation... It includes workers under the age of 18, pregnant women and workers employed in harmful and / or hazardous working conditions.

But work during vacation is not always associated with a recall from vacation for urgent (or not very business). It so happens that an employee wants to take a vacation, get vacation pay, but at the same time work and receive a salary during the vacation. But “wants” does not mean “can” or “has the right”. You cannot be on vacation and at work at the same time, you cannot simultaneously receive a salary and vacation pay... And the employer is unlikely to be delighted with such a situation.

The only thing that can be discussed in a similar situation is about replacement of vacation with monetary compensation... But there are many restrictions that are regulated by Article 126 of the Labor Code of the Russian Federation. The annual basic paid leave of 28 days cannot be replaced with monetary compensation. Only that part of the leave that exceeds 28 days can be compensated.

In addition, the main and additional paid vacations cannot be substituted for monetary compensation... when it comes to pregnant women, workers under the age of 18 and an employee employed in jobs with harmful and / or hazardous working conditions, for working in such conditions.

Sometimes - if working on vacation is beneficial for both the employee and the employer - they find workarounds. For example, an employee goes on another paid vacation and receives vacation pay. And the employer concludes with him for this time an agreement for the provision of paid services or a work contract. But these paths are quite risky and not always legal. During vacation, the employee should not be on the territory of the enterprise... so problems with labor inspection cannot be avoided.

Is it possible to work while on vacation if you are working part-time. For example, have you taken time off from one job but still continue to work for another? This option is also not possible. According to article 268 of the Labor Code of the Russian Federation part-time work leave must be provided simultaneously with leave from the main job.

So that you cannot work while on vacation... If they cannot do without you, you need to issue a review from the vacation and walk the rest of the vacation days later. Well, if you want to improve your financial situation by simultaneously receiving vacation pay and a salary or working at another job, then it is impossible to do this legally.

How should I pay for the days I work on vacation according to the law?

I worked in March from 1 to 6

from the 10th I wrote an application for vacation for 14 days. was supposed to come out on 24.

They gave me a walk for only 2 days and called me to work. I left 12. how should I be paid for these days that I work on vacation.

Lawyers Answers (5)

Good day! The days worked should be paid to you as working days.

Article 125 of the Labor Code of the Russian Federation provides that the recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be provided at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year.

Clarification of the client

The fact is that they paid me 11 days of work and gave me vacation pay. but the money that I earned during my vacation is not. they say like a thread later. whether they have the right to do so.

Read also: Is it possible to write a letter of resignation while on sick leave

Have a question for a lawyer?

If you were recalled from vacation, then you are not entitled to vacation pay for the days worked. You must be paid for all days worked both working days and 2 days of vacation. Ask for vacation recall documents to document the recall. The main thing is that you have proof of non-use of the vacation.

Remember that the Labor Code of the Russian Federation sets a three-month deadline for going to court to resolve a labor dispute.

Clarification of the client

Excuse me, but what about the fact that I have already received vacation pay?

As you continue to work for this employer, he must recalculate, since in reality you have not been on vacation all days. A similar situation, for example, if you would get sick on vacation.

The most unpleasant thing will be if you have not received a review from the vacation, since according to the documents it turns out that you used the vacation.

The employer will have a vacation application, a vacation order that you are familiar with, a vacation schedule and it will be very difficult to prove that you have not been on vacation.

Although I may be too picky.

In any case, this is a rather delicate issue, it is important not to spoil the relationship with the employer by your actions and not to lose your job at all.

Clarification of the client

I’m thinking how not to spoil it. from April 7 they sent again. and have listed vacation pay already and said today. no, you will not need to work on vacation. and the application has already been signed and the money has been received. what to do.

Do not worry about money, these are settlements with the employer, these are his problems, how he pays you and what, advance payment or vacation pay. He will have to recalculate.

The main thing is that the recall from the vacation is correctly drawn up, so that later it does not turn out that you spent all the holidays without a day's rest.

Since there is no one to replace you, you are probably a very valuable employee and it's time to ask for a raise 🙂

Don't forget that the limitation period is 3 months. The vacation can be postponed to the next year, that is, it can be problematic to collect compensation for more than 2 past years due to the statute of limitations.

Clarification of the client

Out of 80 people work 25. and the rest of the people generally sit for a month without maintenance. our personnel department values ​​itself very much and elevates itself. it also intimidates people with the fact that there is nothing to solve problems, and then generally wake up fired. that's how it is with us.

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Going to work during study leave: features of payment

For an employee who went to work earlier than the date of completion of the study leave, the amounts of previously paid average earnings can be offset on the basis of his application against wages

The labor legislation establishes that the employer grants additional leave with the preservation of the average earnings to employees who are sent for training by the employer or who independently enrolled in training under state-accredited bachelor's programs, specialty programs or master's programs in correspondence and part-time forms of study and successfully master these programs ( part 1 of article 173 of the Labor Code of the Russian Federation).

By virtue of Part 9 of Art. 136 of the Labor Code of the Russian Federation, vacation payment is made no later than three days before its start.

Labor legislation provides for the recall of an employee only from annual paid leave. At the same time, the use of study leave is the employee's right. An employee can apply to the employer with a statement of intent to interrupt his study leave and go to work, indicating in the application the specific days on which he will go to work. The employer, in turn, can satisfy the employee's application for his exit to work on these days and, therefore, admit him to work. Accordingly, since the employee works these days, the employer must pay him for work on these days wages - remuneration for labor (part 1 of article 129 of the Labor Code of the Russian Federation).

The vacation period is a time of rest. But there are situations when the employee continues to perform his duties further.

The justification for such labor diligence is the material rationale, when the employee is paid for his work, which was actually performed during non-working hours. This may cause some complaints from the labor inspectorate, as it indicates a violation of the human right to rest.

Therefore, the employer must know how to properly arrange such an attraction in order to comply with the legislative norms and perform the required amount of work.

Labor legislation establishes clear proportions of the ratio of work and rest. It is the employer's responsibility not only to provide the employees with a safe workplace, but also to ensure that they have timely and adequate rest. Rest allows the worker to restore the functions of his body. Every working person should be provided, which is paid and allows employees to rest without prejudice to their own budget.

It regulates not only the obligation to provide vacations and their minimum duration, but also the possibility of replacing this period with monetary compensation. Article 126 of the Labor Code of the Russian Federation establishes that it is possible to compensate for vacation time only in certain amounts, namely, only those days that exceed the mandatory minimum - 28 days. It should be borne in mind that it is also prohibited to compensate for additional holidays that are issued for harmful and dangerous working conditions.

If the rest for the last year was not taken off, but was postponed to this year due to production needs, then the employee has the right to take 28 days from each part, and receive cash payments for the rest. But such transfers can be made only when absolutely necessary and must have justification.

The employee cannot go to the workplace during his vacation, because according to the documents he is resting, which means that he is given absence in the report card and the employer does not bear responsibility for him in this period of time. On the other hand, every citizen has freedom of choice and can earn extra money in their free time. can be formalized by concluding a civil agreement with another employer. If you carry out the same manipulations with your direct employer, then the inspection authorities may have questions whether the person was really hired to carry out some order or this agreement simply masked the illegal refusal to rest.

What to do if the need for an employee really exists, and he is sent on another vacation? Another way of recruiting an employee during their official vacation period can be recalled.

Withdrawal from vacation is a legal mechanism that allows you to involve a vacationer in their direct work duties during a vacation. The employer cannot force a vacationer to work, but he can describe the situation to him and, in the case of the employee's voluntary consent, involve him in work.

You cannot recall a part-time employee. Part-time jobs are issued only to those who perform their duties part-time, and not to the main employees.

If rest is interrupted due to industrial necessity, then the employee is obliged:

1. Start your duties in full, which are spelled out in.
2. Return previously paid compensation amounts.

According to the law, three days before the start of the vacation period, the vacationer is charged material compensation for the days taken, which is paid to him in cash or by non-cash method. When recalling from vacation, the employer is obliged to recalculate the payments already made, because a person cannot immediately receive two parallel accruals and compensation and wages. Previously paid amounts that do not correspond to the time off will have to be returned to the employer. This can be done in cash at the cash desk of the organization or by deduction from future charges. And non-long-term rest days should be issued to the recalled employee at a different time or postponed to the next year.

Who can't be revoked

An employee can only be recalled with his consent, which must be given in writing. But there are special categories of employees who cannot be attracted to work in a given period, even if they have such a desire.

Article 125 of the Labor Code of the Russian Federation provides a list of persons who cannot interrupt their rest time under any circumstances:

1. Employees who have not reached the eighteen-year milestone.
2. Women who are pregnant and in.
3. Employees who work in workplaces classified as harmful and / or hazardous working conditions.

The presence of special difficulties in the work of the enterprise, the need to urgently replace another employee or other force majeure circumstances cannot contribute to the attraction of the listed categories to extracurricular work.

Even a written request from the vacationer himself about the desire to go to the workplace earlier than expected should be rejected.

Registration procedure

To issue a review, the employer should adhere to the following scheme:

1. Draw up a written notification of the need for an urgent employee to go to the workplace. It describes not only the reasons for the withdrawal, but also stipulates a specific release date. The notice is sent by mail or delivered in person.
2. Obtain written consent from the vacationer. Note that you cannot immediately force an employee, he has the right to refuse the offer of the management. But with the consent, the vacationer is obliged to state in writing his desire to interrupt the vacation. This can be done at the bottom of the notice or on a separate sheet of paper in any form.
3. With consent, the employer issues a revocation order. The order prescribes the employee's release date.

The issued order will become the basis for the accountant's recalculation of preliminary payments, personnel employees will make adjustments to, and the head of the structural unit will be able to set work shifts in the time sheet.

It will be interesting for you

Employees are provided with annual leave with preservation of their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

The main annual paid leave is provided to employees for 28 calendar days.

The main annual paid leave of more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leaves are granted to workers employed in work with harmful and (or) hazardous working conditions, workers with a special nature of work, workers with irregular working hours, workers working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is granted to employees engaged in work with harmful and (or) hazardous working conditions: in underground mining and open pit mining in open pits and open pits, in zones of radioactive contamination, in other jobs associated with adverse effects on human health. physical, chemical, biological and other factors.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The minimum duration of additional annual 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 of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees who are assigned an additional annual paid leave for a special nature of work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are granted additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The procedure and conditions for granting an additional annual paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of the constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget, - by local governments.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit. Non-working holidays falling on the period of the main annual or additional annual paid leave are not included in the number of calendar days of the leave.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When calculating the total duration of the annual paid leave, additional paid leaves are added to the annual basic paid leave.

Article 121. Calculation of the length of service giving the right to annual paid leave

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to an annual basic paid leave, includes:

actual work time;

the time when the employee did not actually work, but in accordance with the labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations, the employment contract, the place of work (position) was retained, including the time of the annual paid leave, non-working holidays, days off and other days of rest provided to the employee;

the time of forced absenteeism in the event of illegal dismissal or suspension from work and subsequent reinstatement at the previous job;

the period of suspension from work of an employee who has not passed a mandatory medical examination (examination) through no fault of his own;

the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

(the paragraph was introduced by the Federal Law of 22.07.2008 N 157-FZ)

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

The length of service, which gives the right to annual basic paid leave, does not include:

the time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. - Federal Law of 22.07.2008 N 157-FZ.

The length of service, which gives the right to additional annual paid leave for work with harmful and (or) hazardous working conditions, includes only the time actually worked under the relevant conditions.

Article 122. Procedure for granting annual paid leaves

Paid leave must be granted to the employee annually.

The right to take leave for the first year of work arises for the employee after six months of his uninterrupted work with the given employer. By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided:

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.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the sequence of granting annual paid leave established by the employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 123. Priority of granting annual paid leaves

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.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before its start.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

For certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband, he shall be granted annual leave during the period when his wife is on maternity leave, regardless of the time of his continuous work with the given employer.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

temporary disability of an employee;

fulfillment by the employee during the annual paid leave of public duties, if the labor legislation provides for exemption from work for this;

(as amended by Federal Law of 30.06.2006 N 90-FZ)

in other cases provided for by labor legislation, local regulations.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited.

Article 125. Division of annual paid leave into parts. Vacation recall

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

The recall of an employee from vacation is allowed only with his consent. The unused part of the leave must be provided at the choice of the employee at a time convenient for him during the current working year or added to the leave for the next working year.

The recall of workers under the age of eighteen years, pregnant women and workers employed in work with harmful and (or) dangerous working conditions is not allowed.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced with monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to substitute monetary compensation for the basic annual paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as annual additional paid leave for employees engaged in work with harmful and (or) hazardous working conditions for work in appropriate conditions. (except for the payment of monetary compensation for unused leave upon dismissal).

Article 127. Exercise of the right to leave upon dismissal of an employee

Rostrud letter dated 09.09.2010 N 2725-6-1 informed that prior to the entry into force of Convention N 132 of the International Labor Organization "On paid vacations", the provisions of this article continue to apply that upon dismissal the employee is paid monetary compensation for all unused vacations.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation enshrined in the Labor Code of the Russian Federation to formalize the dismissal and settle with the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation from 25.01.2007 N 131-O-O).

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of the vacation is also considered the day of dismissal.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the vacation, if another employee is not invited to his place by way of transfer.

Article 128. Unpaid leave

For family reasons and other valid reasons, the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application from the employee, to provide unpaid leave:

participants in the Great Patriotic War - up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received while performing military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of childbirth, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.