Can I work during my vacation. Is it possible to work while on vacation. Is it legal to work while on vacation

Vacation is a time to take a break from work duties and gain strength for their further fulfillment.

But the vacation period is not always drawn up for this very purpose, in some cases it is simply taken as a forced measure, when the term of the annual vacation has already approached and there is no reason to postpone it.

Wanting to raise their material level, some workers prefer to work even on the days of legal paid leave. This also plays into the hands of employers, but questions arise as to how legitimate it is to involve an employee in work on his legal days off. It is also not always clear how to correctly draw up the documentation, reflecting both vacation days and working days in it.

Neither the employer nor the working citizen himself can arbitrarily set the scope of working hours and hours of rest. Establishing the necessary ratio is entrusted to state bodies, which carefully check the balance of work and rest and regulate it by law. On the territory of the Russian Federation, there are established rules for the ratio of the number of working hours and rest, which allow maintaining a high level of working capacity throughout the entire working period. The stipulated ratios establish the maximum number of working hours per week, and also regulate the amount of compulsory leave.

The Labor Code in Chapter 19 prescribes that every working person must be provided with an annual regular leave of at least 28 days. For some workers, according to the assessment of working conditions, additional vacation days are assigned. In addition, the employer himself, in his local documentation, can set the rest time in excess of the prescribed one.

Everything that is spelled out in the Labor Code of the Russian Federation and the LNLA of the organization must be strictly observed. So, annually, the employer must provide each of his employees with the vacation days they are entitled to. In rare cases, if it is impossible to select days in this year, it can be transferred to the next calendar period. The transfer must be justified and can take place no more than once every two years.

It is allowed to compensate for the prescribed vacation period only if:

Leave extended by the employer. Anything over 28 minimum days can be eligible for cash benefits.
We are not talking about additional leaves, which are assigned due to special working conditions.

Since the provision of rest is the duty of the employer, and it is forbidden to compensate for the required minimum, a logical conclusion suggests itself that it is impossible to combine vacation with work.

Work under a civil law contract

When working in an organization under an open-ended employment contract, both the employee and the employer must adhere to legal norms and comply with them strictly. On the other hand, no one forbids a person to work in another place in his free time, formalizing his relationship under a civil law contract. An employee, having gone on vacation, can easily conclude an agreement with any employer to perform a certain amount of work.

When concluding a civil law contract, some nuances should be taken into account. In particular, the period of vacation is limited, which means that a citizen will be able to fulfill his duties within a strictly established period, and also that the conditions for such cooperation must be strictly verified.

Basic conditions

Civil law contracts are concluded with hired persons mainly for contract work or for the provision of some services. The terms of contracts of this order are written in accordance with the Civil Code of the Russian Federation. They are subdivided into basic and additional ones.

The main ones must be prescribed without fail, but additional ones are at the discretion of the parties to cooperation. In addition, this type of relationship presupposes a somewhat more arbitrary interpretation of the conditions, therefore, in addition to the two indicated categories, other clauses may be included in the agreement that are not provided for by law, but are important for the customer and the contractor. The main thing is that they do not conflict with applicable laws.

The main conditions, which cannot be avoided when concluding an agreement, should contain the following information:

The subject of the contract, what exactly the contractor is obliged to fulfill, and the customer must pay.
Responsibilities of both parties.
Terms of work.
The cost of the final result.
Conditions for acceptance of completed volumes.

In addition, it additionally prescribes what is considered a marriage and under what conditions the parties can terminate the agreement.

The term of the agreement is one of the fundamental in civil law relations. Unlike employment contracts, they cannot be indefinite; they must have a clear duration and written deadlines for acceptance. The deadline for the completion of a particular work or the provision of services is not just a starting point for payment, but if it is not met, it may become a reason for a complete refusal of monetary reward.

Terms of agreements can be:

Absolute, that is, expressed by a specific date.
Relatively definite, that is, focus on the end result, without reference to the calendar.
Uncertain, that is, do not have a specification for the performance of work, but be expressed simply by a certain number of months.

The starting date of cooperation is the date of bilateral signing of the document by the customer and the contractor.

Can a part-time worker work during vacation on a main job

Work on leave at the main place of work cannot be performed due to the fact that such an approach is considered a violation of labor laws.

It would seem that the law does not prohibit issuing a vacationer for a vacation under a civil law contract, but it should be borne in mind that the very fact of concluding such an agreement has some peculiarities.

Civil law relations can be entered into for the performance of specific tasks that are measurable in scope or in terms of time. And this means that the employer cannot take a vacationer to his own permanent position under such an agreement. After all, a permanent place of work implies the execution of an open-ended employment contract, and the establishment of a different type of legal relationship will be considered a direct infringement of the rights of workers. Consequently, it is impossible to arrange a vacationer in his own workplace with the performance of his usual work functions. But no one forbids to involve him to perform other work, which will be clearly regulated in terms of time and / or volume.

Working on maternity leave, unlike the next one, is not prohibited. At the same time, the maternity worker can work both at her main place of work, and part-time. The only essential condition for such work is the establishment of a part-time working day. This procedure allows you to retain the right to receive benefits for caring for a baby up to 1.5 years old.

The maiden has the right to vary her employment and choose an employer and conditions of employment. So most often women on maternity leave are attracted to:

Home-based work.
Remote work.
Incomplete work schedule.

An employee may at any time interrupt her work activity and continue her legal parental leave. Until the baby is three years old, she has the right to go to work or return again to complete rest.

What to do if forced to work on vacation

It is illegal to force an employee to work on vacation. Employees must know their rights and defend them. The norms of the legislation do not make it possible to simultaneously pay vacation allowance and calculate compensation for the work performed, which means that the employee will perform his labor duties free of charge.

The employer has no right to force an employee to work during his legal vacation period, but if this happens, then the employee himself has the right to apply for protection of his rights to the Labor Inspectorate or the court.

Unauthorized absence from work with a formalized vacation also cannot be counted as absenteeism, so it makes sense to simply not fulfill the unlawful demands of the employer.

It will be interesting for you

Every employed citizen has the right to. It is used to restore strength, both physical and emotional. The legal right to it is enshrined in the Constitution and the Labor Code of the Russian Federation. an employee from such leave is legal, however, it is possible only with his personal consent (Article 125 of the Labor Code). However, it is not uncommon for an employee to voluntarily want to work while on vacation. What are the actions of the employer in this case will be discussed further.

Is it possible to replace vacation with money

If the employee continues to have an employment relationship with the employer, that is, he does not plan to quit, the legislation does not provide for the possibility of replacing the planned vacation with cash payments. However, there are exceptions to this rule. According to Article 115 of the Labor Code, it is possible for those days that are provided as "additional" to the regular, scheduled vacation.

Can I work on vacation? At the place of main employment, such part-time work is allowed when a civil contract with the employer is drawn up.

If the performance of the labor function by an employee who is officially on vacation is found, then we can talk about a violation of the law.

Labor functions are spelled out in the employment contract and are negotiated at the time of hiring.

Within the framework, the employer can offer an employee who is on planned leave to perform a one-time task. At the same time, the temporary employment of an employee should not be guided by the internal regulations of the enterprise. Labor inspectors find violations in these nuances. They very quickly find out whether there is a masking of labor relations by a civil law contract.

If temporary part-time work under a civil agreement is similar to the performance of an employee's professional duties, then the employer may be subject to penalties:

from 1000 to 5000 rubles - for entrepreneurs and officials;
from 30,000 to 50,000 rubles - for organizations.

This provision is enshrined in article 5/27 of the Administrative Code.

In addition, such a situation may be subject to consideration by tax officials. The tax inspectorate recognizes legal material payments to employees only in one case - within the framework of a civil contract. That is, when an employee performs work that is not provided for in the staffing table. This could be:

cleaning the territory;
winter garden maintenance;
organization of a corporate event;
organization of cleaning activities in a remote branch or subdivision.

That is, we are talking about any useful work worthy of material remuneration, but not the one that is part of the labor function of regular staff.

The performance of any work within the framework of the production process is allowed in another structural unit of the enterprise. And this should be work that does not require strict administrative regulation. Thus, it is against the law if a storekeeper is involved during a vacation in a warehouse due to a revaluation of a product. He has already received money from the employer - "vacation pay". He has no right to demand additional payments for his work in the warehouse. The manager, in turn, has no right to involve the storekeeper to carry out an audit.

Rules for drawing up a civil contract

First of all, civil law relations do not allow duplication of labor functions. Therefore t This contract should not contain professional terminology:

But it must contain an act of acceptance and transfer of the works provided. Moreover, this is negotiated in writing in case of an explanation with the labor inspectorate or with the tax authorities.

There are no parallel options for additional earnings during a planned vacation. But, unfortunately, in practice, illegal schemes are sometimes encountered. If an employee is irreplaceable and his experience is too valuable for the employer, then the management can only entrust him with urgent work.

For example, an employer may enter into a fictitious contract for the performance of work with another employee and entrust an important task for him to a valuable “vacationer”. Of course, this is a gross violation that the inspectors of the State Labor Inspectorate will easily reveal.

Among the work methods used by inspectors, there is not only the monitoring of accounting documents and personal cards of personnel. Inspectors can resort to personal communication with employees, after which the real picture in production becomes very clear.

Does the law allow part-time jobs during a planned vacation

According to Article 286 of the Labor Code, all part-time workers go on planned vacations at the main place of employment. Thus, it would be illegal during the prescribed vacation. This provision applies to both external and internal part-time workers.

It is relevant even if the part-time job has not worked for six months. He will still be sent on vacation, but in advance.

Thus, work on vacation days is possible either at home or at your own company, within the framework of the provisions of a civil law agreement.

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, to recall you from vacation forcibly do not have the right.

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 workers 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? 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.

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 you cannot 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 on vacation he would perform an urgent task: he would control the inventory of products in 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

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 vacations. 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.

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 leaves

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-pit mines and quarries, in areas of radioactive contamination, in other work 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 leaves

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, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this 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 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.