The provision on holidays in labor legislation. How should a leave arrangement be made? Vacation policy: sample

Employee's right to annual paid leave

The Labor Code guarantees the right of an employee to leave, provided that he is officially employed, that is, an employment contract has been concluded with him. At the same time, the employer is obliged to pay the vacation days due to the employee, taking into account the average earnings.

In addition to the main leave, an employee may receive additional paid leave if:

• this type of leave is provided for by a collective or labor contract;
• established by law, as, for example, for work with harmful working conditions.

Annual basic paid leave is provided to employees after they have worked for the company for six months. They also have this right:

1. part-time workers;
2. working under fixed-term employment contracts;
3. seasonal workers;
4. working remotely or from home
5. workers on probation.

Cheat Sheet: Annual Paid Vacation

The employer's obligation to provide and pay leave to the employee arises if the employee has the necessary length of service, or, in his absence, by the fact that the employee belongs to one of the privileged categories.

Having worked at the enterprise for 11 months, for subsequent working years, the employee can already apply for the annual basic paid leave at any time of the working year. But so that the work of the enterprise is not disturbed and the interests of production are taken into account, vacations are provided to employees according to the schedule. The vacation schedule, which takes into account the interests of the employer and employees, is compiled annually, before the start of the new calendar year.

Vacation schedule. Sample filling from experts (with comments)

Employees who did not work in the organization on the date of the vacation schedule may not be included in the vacation schedule. But the employer is obliged to provide the opportunity for the new employee to rest at his written request. In this case, the start date of the vacation must be agreed with the employer.

Who is granted vacation, regardless of length of service

• pregnant women$
• women whose parental leave ends;
• employees who have not reached the age of majority;
• husbands whose wives are on sick leave issued in connection with pregnancy and childbirth;
• adoptive parents of a child under the age of three months;
• parents of three or more children whose age does not exceed 12 years (see the law on leave for large families);
• having the official status of a veteran;
• one of the family members in which a disabled minor child is brought up, including if this is a guardian or adoptive parent;
• workers with the status of Chernobyl victims;
• military spouses.

Length of annual paid leave

The total number of paid vacation days provided to an employee is the total duration of the main and additional vacation. Annual leave is provided to employees for at least four calendar weeks or 28 calendar days.

Attention! Holiday weekends, if they fall within the vacation period, are not taken into account in its duration and are not included in the number of prescribed calendar days.

By law, some categories of working Russians are entitled to extended basic holidays. For minors and disabled people, such a benefit is necessary so that excessive workload does not affect their health. For teachers, doctors, municipal and state employees, employees of the judiciary, law enforcement agencies and some other categories, the aggravating factor is the professional workload.

The employer has the right to establish for its employees the annual basic leave of a longer duration than is provided by law. The conditions for an extended vacation are stipulated in a collective agreement or established by a local regulatory act, for example, the Vacation Regulations.

Sample Regulations on holidays with expert comments

The duration of the extended leave should also be set in calendar days.

This rule does not apply to seasonal workers and those employees who are employed under a fixed-term employment contract for a period of work not exceeding two months. For such employees, the calculation of the duration of the vacation is made only in working days, which are presented depending on the length of service, converted into whole months.

For those who work at home and remotely, the main vacation is on a general basis, lasting at least 28 calendar days.

But the employer retains the right, by his decision, to establish additional annual paid leave for those employees who work night shifts, travel more than half of their working time, work on a rotational basis, etc. The possibility of additional paid rest is gently stipulated by a collective agreement, or established by a local act.

When the employer decided to change the rules for granting leave established by law and increase its duration, this can be done in two ways:

• increase the duration of the main vacation;
• establish additional leave for employees.

Changes must be approved by a local regulation or a collective agreement.

Additional annual paid leave for harmful and dangerous working conditions

Since 2019, additional leave is provided only if the class of working conditions is confirmed by the results of a special assessment. It should be noted that certification of workplaces was still in effect earlier. At the same time, only those employees whose working conditions are assessed as harmful, subclass not lower than 3.2, as well as dangerous - class 4, have the right to such leave.

The employer is obliged to provide them with additional annual paid leave. The minimum number of additional calendar days that an employee can receive in this case is seven.

Attention! If an employee does not work with harmful conditions all the time, but only periodically, calculate the days of additional leave in proportion to the time actually worked.

The procedure for granting annual paid holidays

The procedure for granting the next annual leave is regulated by Article 122 of the Labor Code of the Russian Federation. The nuances, taking into account the specifics of a particular organization, are fixed by a separate local regulatory act.

Mandatory documents on the basis of which employees of the organization are granted leave include a vacation schedule and an order to grant leave.

Sample order to grant leave to an employee with expert comments

The provision on holidays is not among the mandatory ones, the presence of which is established by the Labor Code of the Russian Federation. But if the provision of vacations at the enterprise is carried out in a special order, we recommend that we nevertheless develop such a regulation, which will clearly spell out:

• how to grant annual paid leave;
• conditions for its extension or provision of additional days of rest;
• How is annual leave paid?

Regulation of these issues will allow employees to better understand the conditions for obtaining additional paid days of rest and help avoid litigation.

Everyone who is employed under employment contracts is entitled to annual paid leave. The law guarantees certain categories of workers the right to extended and additional holidays.

The employer provides all or some categories of employees with additional paid vacation days. The procedure for granting holidays, which differs from the general one, is best approved by a local act.

Foreword

• Regulations on holidays and temporary incapacity for work DEVELOPED by the personnel service and the accounting department of the Civil Code.

• The Regulation is APPROVED by the General Director of the Group of Companies.

• The regulation SHALL be put into effect from the date of approval.

• The provision was INTRODUCED FOR THE FIRST TIME.

• CHANGES to the Regulations are developed based on the results of its application in the Group of Companies or in case of changes in the requirements of regulatory documents on the basis of which the Regulations were developed.

1 area of ​​use
2. Regulatory references
3. Definitions
4. Duration of annual leave
5 Length of unpaid leave
6 The procedure for granting holidays
7 Calculation of length of service giving the right to leave
8 Annual leave pay
9 Paid maternity leave
10 The procedure for issuing certificates of incapacity for work (sick leaves)
11 Payment for temporary disability (issued by sick leave)

1 area of ​​use

• This Regulation defines:

• the procedure for granting, processing and paying for vacations and their duration;
• the procedure for issuing sick leave certificates (sick leaves) and their payment;
• responsibility of the heads of structural divisions, the Personnel and Accounting Service for compliance with the established procedure.

• This Regulation applies to employees of all divisions of the Group of Companies.

• All other issues related to the procedure for granting, processing, paying for vacations and temporary disability, not covered by this Regulation, are regulated by the Labor Code of the Russian Federation.

• This Regulation uses references to the following legal documents:

Labor Code of the Russian Federation;
Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and amended on April 15, 1992.

3. Definitions

• In this Regulation, the following terms are used with the corresponding definitions:

• Scheduled salary- official salary corresponding to the staff list of the relevant legal entity.

• Bonus- these are bonus payments equal to the difference between the salary according to the staffing table and the full salary of the employee.

• Full salary- Includes regular salary and bonus.

4. Duration of annual leave

• Annual paid leave is granted to employees for a period of at least 28 calendar days.

• Vacation is calculated according to the calendar, including weekends (holidays falling on the vacation time are not included in it).

• The number of vacation days is calculated at the rate of 2.3 working days for one fully worked month ( 28 calendar days in 12 months , Saturdays and Sundays included as part of the next vacation).

• The recommended duration of a one-time vacation for employees is 14 calendar days.

5. Duration of unpaid leave

• For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.

• Unpaid leave is granted for a total duration of not more than 10 working days in one working year.

• In case of emergency, by decision of the immediate supervisor, the employee may be granted additional leave without pay.

6. The procedure for granting holidays

• Annual vacations are granted to the employees of the Group of Companies in accordance with the priority, drawn up in the form of a vacation schedule. Vacations can be granted at any time during the year, but without disrupting the normal course of the enterprise. When drawing up a vacation schedule, the time and order in which vacations are granted are determined taking into account the specifics of the production process of the enterprise and the wishes of employees.

• The right to receive annual leave for the first year of work in the Civil Code is granted to employees on the expiration of 6 months of work lasting no more than 14 calendar days. If necessary, leave can be granted before the expiration of 6 months for actual hours worked at the discretion of the immediate supervisor and under his responsibility.

• An employee writes an application for a vacation in the name of the General Director of the relevant legal entity, endorses it with the immediate supervisor (if it complies with the vacation schedule or the manager’s consent) and submits it at least a week before the date of the proposed vacation to the personnel department of the personnel service.

If the vacation is not planned (does not correspond to the vacation schedule), the application is submitted no later than 2 weeks before the date of the planned vacation.

• The immediate supervisor approves the leave application based on their own decision on the possibility of granting the leave. If the requested vacation of an employee is associated with departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are agreed with the immediate supervisor in advance until the employee assumes additional obligations related to the departure.

• The employee submits the signed application to the personnel department. The personnel department accepts the application, registers it. In the event that the number of vacation days is equal to or greater than 6 days, the Human Resources Department issues a formal vacation order.

• If the requested vacation does not exceed 5 days, then at least a week in advance, the employee writes an application for a vacation in the name of the HR director, approves it from the immediate supervisor and transfers it to the personnel department. The personnel department accepts the endorsed application, registers it. When an employee has a total of 6 days or more, the personnel department informs him about this and issues official leave for the days used. At the same time, the employee writes a new vacation application in the name of the General Director of the relevant legal entity for the total number of vacation days used, approves the application from the immediate supervisor and submits it to the personnel department, which issues an official order.

• The employee, first of all, uses the annual leave for the time actually worked, and then the leave without pay. In cases where an employee does not have earned days of paid leave, he, by decision of his immediate supervisor, is granted leave without pay.

• An employee who has worked in the Group of Companies for at least a year, in the absence of unused days of paid leave, paid leave can be provided in advance, in an amount not exceeding 14 calendar days, against future work.

• The head of the unit, going on vacation for a period of 6 days or more, is obliged, during his absence, to assign his duties to one of the employees of the entrusted unit. Registration procedure: the head of the unit submits a memo to the personnel department indicating the full name, position of the employee to whom he assigns his duties and terms; the personnel department issues an order in the prescribed form.

7. Calculation of work experience giving the right to leave

• The length of service giving the right to leave includes the time actually worked. The remaining periods of time when the employee did not work (for example, unpaid leave, absenteeism) are not counted (except for the period of illness, parental leave up to 1.5 years).

• Leave for the current working year of at least 14 calendar days must be used by the employee before the expiration of this working year. The rest of the unused vacation can be added to the vacation for the next working year.

• Transferring vacation for more than 1 year is not allowed. Earned vacation days, in case of non-use at the initiative of the employee, are not compensated.

• Annual leave payment

• The annual leave payment consists of two parts: the payment of earnings for the period of leave based on the salary according to the staffing table and the vacation bonus. Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the labor legislation of the Russian Federation.

• The following methodology is used to calculate the vacation bonus:

• the employee's bonus in rubles for the last three maximum fully worked months is summed up. The amount received is divided by 75 (3 months for 25 days - working days and Saturdays). The amount received determines the average daily earnings for vacation pay. The received average daily earnings are multiplied by the number of vacation days (Appendix 1 - for the joint venture and accounting);

• in the event that an employee takes a vacation for a period of less than one week, the vacation bonus is paid only at the end of the month for all vacation days used in that month.

• Compensation for unused vacation is paid only upon dismissal.

• Payment for the bonus for the next vacation for employees of sales departments is made from the bonus fund of the sales department.

• Maternity leave payment

• The calculation is similar to the calculation of the annual leave bonus, but has a number of differences:

• when calculating the average daily earnings, the estimated duration of one month is 21 working days;

• the number of days of maternity leave payable includes only working days without Saturdays.

• When calculating maternity leave, the number of working days for a given calendar period is calculated (Appendix 2 - for joint ventures and accounting).

• Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the Labor Code of the Russian Federation without taking into account seniority.

• A bonus to maternity leave is paid subject to at least 2 years of work experience in the Civil Code at the time of the start of maternity leave.

• The payment of the maternity leave bonus for employees of sales divisions is made from the bonus fund of the sales division and is calculated based on the average bonus for the year.

• The procedure for registration of temporary disability (due to illness)

• In the Civil Code, two types of registration of temporary disability due to illness are used:

• without issuing a sick leave (due to illness at home) - no more than three working days, no more than two times during one calendar year, in the official report card they are drawn up as working days;

• with the issuance of a sick leave (sick leave), in the report card they are drawn up as a sick leave.

• In case of illness, the employee must:

• inform the immediate supervisor and (or) timekeeper about his absence due to illness on the first working day of absence from work within three hours from the start of the working day;

• if the fact of the disease is documented by a certificate of incapacity for work (sick leave), the employee, from the moment the sick leave is issued, is obliged to inform the timekeeper about the start date of the sick leave (for the timekeeper to enter data into the "Tabel" program).

• An employee, within five working days from the moment of returning to work after an illness issued by a sick leave, provides a sick leave to the personnel department.

• The personnel department within one working day draws up a sick leave in accordance with the requirements of the Labor Code of the Russian Federation and transfers it to the accounting department.

• Payment for temporary disability (sick leaves)

• Leaves of incapacity for work are paid on the basis of wages according to the staffing table. The calculation is made in accordance with the Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and supplemented on April 15, 1992.

• Sickness supplement at home or on sick leave in the form of a bonus is paid:

• due to illness at home (without a sick leave) - lasting no more than 3 working days no more than twice in one calendar year, paid in full;

• for disability certificates (sick leaves) - paid for no more than 10 working days of illness within one calendar year;

• the total duration of fully paid sick days (staff salary plus bonus) does not exceed 10 working days during the calendar year;

• temporary incapacity for work exceeding the established time limits and issued by a sick leave is paid in accordance with the Labor Code of the Russian Federation, based on the salary according to the staffing table;

• the exception is cases of serious illness, confirmed by certificates of incapacity for work, which are paid in full.

• The calculation is similar to the vacation bonus calculation.

• The payment of a bonus when paying for temporary disability for employees of sales divisions is made from the bonus fund of the sales division.

HR Director I.I. Ivanov

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Leave to employees must be provided by all employers. However, the Vacation Regulations are an unusual document for many. Is the Regulation on holidays necessary for the employer and employee? We will talk about this in our consultation.

Do I need a vacation policy?

Labor legislation does not contain requirements for the employer to have the provisions on vacations. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues of granting holidays that are not regulated by the current legislation and are left to the discretion of the parties.

Thus, the Labor Code of the Russian Federation provides for vacations of several types. which was discussed in a separate consultation. To resolve the issue of what to reflect in the Regulation on holidays, it is necessary to determine the conditions for their provision.

How holidays are provided

What to reflect in the Regulations on holidays

It is advisable to reflect in the Regulations on holidays those conditions for granting holidays that are given at the discretion of the employer. For example, they include:

• separate conditions for granting additional annual leave. We are not talking about those additional holidays, the procedure for granting which is regulated by law;
• the procedure for granting and deadlines for unpaid leave;
• documents required for granting holidays at their own expense.

Issues of additional payment in connection with vacation can be reflected both in the Regulations on holidays and in the Regulations on wages.

The vacation provision refers to a local regulatory act containing labor law norms. It is important to take into account that the terms of the Vacation Regulations, which worsen the position of employees in comparison with the established labor legislation, are not subject to application (Article 8 of the Labor Code of the Russian Federation).

Vacation policy: sample

The regulation on holidays can both disclose issues related to the provision of all types of holidays to employees, and clarify only certain aspects. So, the organization may have the Regulations on annual additional paid holidays, the Regulations on holidays without pay, and others.

An example of the Regulations on annual additional paid holidays.

Also read:

Vacation policy

This Regulation determines the procedure for granting, processing and paying for vacations and their duration and applies to all employees of ____ LLC (hereinafter referred to as the Company). The position was introduced for the first time.

I. Length of annual leave

1.1. Annual paid leave is granted to the Company's employees for a period of at least 24 calendar days.

1.2. Employees working under a fixed-term employment contract are provided with an additional incentive leave of up to 5 calendar days in accordance with clause 2.5. Decree of the President of the Republic of Belarus N 29 of July 26, 1999 and Article 160 of the Labor Code of the Republic of Belarus.

1.3. Employees for whom an irregular working day is established are granted additional leave for an irregular working day of up to 7 calendar days in accordance with Article 158 of the Labor Code of the Republic of Belarus.

1.4. Employees with a long work experience in the Company for more than 5 years are provided with additional leave for a long work experience of up to 3 calendar days in accordance with Article 159 of the Labor Code of the Republic of Belarus.

1.5. Employees engaged in work with harmful and (or) dangerous working conditions, on the basis of attestation of workplaces for working conditions, are granted additional leave for work with harmful and (or) dangerous working conditions.

The duration of additional leave for work with harmful and (or) dangerous working conditions and for the special nature of work is established by the Resolution of the Council of Ministers of the Republic of Belarus dated 19.01.2008 N 73.

1.6. The procedure, conditions for granting and duration of additional holidays are determined by the employment contract with the employee.

1.7. An employee is entitled to additional paid rest days in the following cases:

- death of a close family member - 2 days;

- serious illness of a close family member - 1 day (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official certificate from a doctor);

– wedding of an employee – 2 days;

- the birth of a child - 1 day.

Within the framework of this Regulation, close family members are recognized: husband, wife, children, parents, brother, sister.

1.8. Additional paid rest days are provided if the cases listed in clause 1.7 fall on a working day. The total number of additional paid days off must not exceed 7 (seven) days per year. If these days are not used, they cannot be added to annual leave.

1.9. For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.

1.10. Leave without pay is granted for a total duration of not more than 14 working days in one working year.

1.11. Vacations are calculated according to the calendar including days off (holidays falling on vacation time are not included in it and are not paid).

1.13. Employees hired by the Company on a part-time basis are not granted additional leave for irregular working hours.

1.14. The time actually worked by each employee is recorded in the timesheet.

II. The procedure for granting holidays

2.1. Granting leave to the employees of the Company is carried out in accordance with the previously approved vacation schedule.

2.2. At the beginning of the year, each department should draw up vacation schedules for employees for the current calendar year.

2.3. The vacation schedule is approved by the head of the Company and agreed with the head of the personnel department.

2.5. When scheduling vacations, consider:

2.6. The employer is obliged to notify the employee of the start time of the labor leave no later than 15 calendar days in advance.

2.7. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel department. In this case, the Employee must write an application no later than 1 month before the expected start date of the vacation. Adjustment of vacation periods is allowed if there are good reasons, in agreement with the director of the Company, only as an exception.

Read also: How to open sick leave on a day off

2.8. The application for leave is submitted on the day it is written to the head of the organization. The immediate supervisor approves the leave application based on their own decision on the possibility of granting the leave. If the requested vacation of an employee is associated with departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are agreed with the immediate supervisor in advance until the employee assumes additional obligations related to the departure.

2.9. The original application must be submitted to the personnel department on the day it is signed by the director of the Company.

2.10. Two days before going on vacation, the employee transfers cases to the employee temporarily replacing him.

2.11. If for some reason the employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.

2.12. The right to receive annual leave for the first year of work in the Company is granted to employees after 6 months of work lasting no more than 14 calendar days. If necessary, leave may be granted before the expiration of 6 months for the time actually worked at the discretion of the immediate supervisor.

2.13. The employee, first of all, uses the annual leave for the time actually worked, and then the leave without pay.

2.14. The head of the unit, going on vacation, is obliged, during his absence, to assign his duties to one of the employees of the entrusted unit.

2.15. Transferring vacation for more than one year is not allowed. Earned vacation days, in case of non-use at the initiative of the employee, are not compensated.

2.16. Time off is provided to employees for additional hours or days of work that are not provided for by the daily work schedule of the unit or employee.

2.17. The employee must inform the head of the department in advance about the dates of his days off.

2.18. Holidays are paid according to the average wage. Bonuses accrued to the unit for a period of time are calculated in proportion to the hours worked for this period.

2.19. All issues not regulated in this Regulation are resolved in accordance with the current legislation of the Republic of Belarus and labor contracts with employees.

2.20 Changes and additions to the Regulations are developed based on the results of its application in the Company or when the requirements of regulatory documents change, on the basis of which the Regulations were developed.

Attachments to the document:

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Adjustments have been made to

Regulations on annual additional paid holidays

1. General Provisions

1.1. This regulation establishes the grounds, conditions and procedure for granting employees of [name of organization] annual additional paid holidays (hereinafter referred to as employees, additional holidays).

1.2. This provision has been developed and approved in accordance with the Labor Code of the Russian Federation, [indicate the legal acts governing the provision of additional holidays for employees of organizations of the relevant profile, for example, Decree Government of the Russian Federation of December 30, 1998 N 1588 "On the establishment of general practitioners (family doctors) and nurses of general practitioners (family doctors) of annual additional paid 3-day leave for continuous work in these positions"].

1.3. Additional leave must be granted to the employee annually.

1.4. The right to use additional leave for the first year of work arises for the employee after six months of his continuous work in [name of organization].

1.5. By agreement of the parties, additional leave may be granted to an employee before the expiration of six months.

1.6. Before the expiration of six months of continuous work, additional leave at the request of the employee must be granted:

- for women - before maternity leave or immediately after it;

- employees under the age of eighteen;

- employees who have adopted a child (children) under the age of three months;

- persons working part-time (leaves are granted at the same time at the main job and at part-time work; if the employee has not worked at part-time work for six months, then leave is granted in advance).

1.7. Additional leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established in [name of organization].

1.8. Additional holidays are provided with the preservation of the place of work (position) and average earnings.

1.9. Payment for additional vacations not related to labor activities is financed from the budget.

1.10. Additional holidays are calculated in calendar days.

1.11. Non-working holidays falling on the period of additional leave are not included in the number of calendar days of additional leave.

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

1.13. Additional leave is provided in accordance with the vacation schedule.

1.14. Newly hired employees who are not included in the schedule are granted additional leave upon their application, agreed with the immediate supervisor.

1.15. Additional leave must be extended or rescheduled for another period in the following cases:

- temporary disability of the employee;

- performance by the employee during the vacation of state duties, if the labor legislation provides for exemption from work for this;

- [other cases provided for labor law. local regulations].

1.16. In accordance with the current legislation, additional leave is granted to the following categories of employees: [choose based on the characteristics of the organization's activities]

- employees engaged in hard work and work with harmful and (or) dangerous working conditions;

- employees with a special nature of work;

- employees with irregular working hours;

- employees working in the regions of the Far North and equivalent areas;

— [other categories of workers, for example, workers who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant or as a result of nuclear tests at the Semipalatinsk test site; additional holidays may also be provided for in the regulatory legal acts of the constituent entities of the Russian Federation].

1.17. [name of organization] provides additional vacations:

[are established taking into account the production and financial capabilities of the employer, for example, for social activities, for long work experience in the organization, etc.].

2. Length of service giving the right to additional leave

2.1. The length of service giving the right to additional leave includes:

- time of actual work;

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

- the time of forced absenteeism in case 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 undergone a mandatory medical examination (examination) through no fault of his own;

- the time of leave granted at the request of the employee without pay, not exceeding 14 calendar days during the working year.

2.2. The length of service giving the right to additional 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 Art. 76 of the Labor Code of the Russian Federation;

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- the time of leave to care for a child until he reaches the age established by law.

2.3. The length of service giving the right to additional leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

In this case, only those days are taken into account when the employee actually worked under these conditions for at least half of the working day established for employees of this production, workshop, profession or position.

2.4. The length of service, which gives the right to employees traveling on a rotational basis to the regions of the Far North and areas equated to them from other regions, for additional leave, includes calendar days of shift in the regions of the Far North and areas equated to them and the actual days spent on the road provided by the work schedules on the watch.

3. Vacation

3.1. For the purposes of calculating vacation pay, the calculation period is used, which covers the last 12 calendar months before the vacation is granted.

3.2. A calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive) [other periods can be provided for calculating the average wage, if this does not worsen the situation of workers].

3.3. To calculate the average earnings, all types of payments provided for by the remuneration system are taken into account.

3.4. The calculation does not include payments of a social nature and other payments not related to wages (material assistance, payment of the cost of food, travel, education, utilities, recreation, and others).

3.5. Time is excluded from the billing period, as well as amounts accrued during this time, when:

A) the employee retained the average salary in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the labor legislation of the Russian Federation;

B) the employee received temporary disability benefits or maternity benefits;

C) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;

D) the employee did not participate in the strike, but due to this strike he was unable to perform his work;

E) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;

E) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

3.6. Vacation pay accrued to an employee for additional leave is subject to personal income tax in accordance with the generally established procedure.

The amounts of payment for additional leave related to compensation for harm caused to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and the disaster at the Chernobyl nuclear power plant are not subject to personal income tax.

4. Procedure for granting additional leave

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

4.2. Procedure for granting additional leave:

5. Additional holidays for employees engaged in hard work and work with harmful and (or) dangerous working conditions

5.1. Additional leave is granted to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open pit mining in cuts and quarries, in zones of radioactive contamination, in other jobs associated with adverse effects on human health of harmful physical, chemical, biological and other factors.

5.2. Additional leave available:

Length of additional leave

[according to the results of certification of workplaces in terms of working conditions;

Cm. List industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved. Decree State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22]

[at least 7 calendar days]

5.3. Additional leave is granted based on the results of certification of workplaces in terms of working conditions.

5.4. If an employee has the right to receive additional leave due to harmful working conditions for several reasons, the leave is granted on one of these grounds.

5.5. Replacing additional leave with monetary compensation is not allowed (with the exception of the payment of monetary compensation for unused leave upon dismissal).

6. Additional holidays for employees with a special nature of work

Vacation policy

1. General Provisions

1.1. All employees of the Company are entitled to annual leave.

1.2. Paid holidays are provided to employees to give them the opportunity to relax and take care of personal matters.

2. Payment and delivery policy

2.1. As soon as an employee starts working in the Company, he begins to earn paid vacation time.

2.2. An employee may take vacation days after having worked for the Company for more than six months.

2.3. Annual leave can be taken by an employee in accordance with the vacation schedule developed by each division and approved by the head of the Company no later than December 14 of the previous year.

2.4. Unused (in whole or in part) vacation for the past year can be transferred to the current year.

2.5. Cash compensation for unused (in whole or in part) vacation is provided only if the employee submits an application for termination of employment.

2.6. There is no paid leave during the probationary period.

2.7. An employee of the Company cannot be recalled from vacation, unless it is due to important circumstances.

2.8. In the event that an employee is recalled from annual leave, he is reimbursed for the actual travel expenses to and from the place of work, if, after the recall, he continues the specified vacation in the same place where he spent it before the recall.

3. Leave procedure

3.1. Granting leave to the employees of the Company is carried out in accordance with the previously approved vacation schedule.

3.2. At the beginning of November-December of the current year, each department should draw up vacation schedules for employees for the next calendar year.

3.3. The vacation schedule is approved by the head of the organization and agreed with the head of the personnel service.

3.5. When scheduling vacations, consider:

— policy in the field of vacations in the Company;

- features of the work of the unit;

— personal wishes of employees.

3.6. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel department.

3.7. The employee must write an application no later than 1 month before the expected start date of the vacation.

3.8. The application is submitted on the day of its writing to the head of the organization.

3.9. The original application must be submitted to the personnel department on the day of its signing by the General Director of the Company.

3.10. Two days before going on vacation, the employee rents out his site to the employee temporarily replacing him.

3.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel department, the employee is obliged to inform the personnel department about this.

4. Special circumstances relating to paid

or unpaid leave

4.1. Special circumstances relating to paid and unpaid leave in accordance with the law, such as maternity leave, military service, performance of state or public duties, must be brought to the attention of the head of the Company and the head of human resources as soon as possible.

4.2. Such cases are resolved in accordance with applicable law.

5. Weekend and Holiday Policy

5.1. Days off in the Company are: Saturday, Sunday, official government and national holidays of the Russian Federation.

5.2. The transfer of days off is carried out in accordance with the decrees of the Government of the Russian Federation.

5.3. The personnel service notifies the heads of departments in the form of an order about the transfer of days off two weeks before the transfer of days off.

5.4. An employee is entitled to additional paid holidays in the following cases:

- death of a close family member<1>- 3 days;

- serious illness of a close family member - 3 days (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official certificate from a doctor);

– wedding of an employee – 2 days;

- the birth of a child - 3 days;

The provision on the provision of vacations is a local regulatory act that reveals the rules for granting vacations to employees of a particular enterprise. Of course, all employers are required to provide leave to their employees. This norm, as well as the procedure for providing and paying for rest, are stipulated in labor legislation. However, many enterprises are changing the existing norms. These adjustments may create a more favorable environment for workers. All details are prescribed in the local Regulation on the provision of holidays. Let us consider in more detail why this document is needed, how it is compiled and adopted.

Existing legislation does not oblige employers to accept a vacation provision. However, to specify the controversial issues at the enterprise, such a local normative act can be introduced. Despite the fact that its content is not regulated by law, there are certain recommendations for its compilation, developed in practice.

What should be reflected in the position

Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law norms. This possibility is enshrined in article 8 of the Labor Code of the Russian Federation. However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code. If such a document exists at the enterprise, then its rules cannot be applied in practice, and employees must ensure that the employer complies with labor laws.

Usually, the provisions stipulate those aspects that are left to the discretion of the employer. Among them:

• some conditions for granting additional holidays;
• issues of providing rest without pay, as well as its maximum duration;
• a list of documents required to provide rest at your own expense;
• issues of additional payments in connection with the vacation.

This list is not exhaustive and may include other controversial issues that arise in the course of the company's work. Quite often, the inclusion of certain items in this document is precedent. A fragment of the position template can be found below, and the full version can be downloaded at the end of the article.

Vacation Regulations: Sample and Acceptance

The acceptance procedure includes the following steps:

• development;
• agreement;
• statement;
• implementation.

Let's briefly consider each of them.

Development

The head issues an order to develop a local regulatory act, and also appoints persons responsible for this.

Coordination

The developers of the document must coordinate the content of the document with the specialists of the personnel department, accounting department and other services at their discretion. Approving employees state their proposals, comments and consent on a special approval sheet.

Statement

After approval, the document is submitted for approval to the head. At this stage, the leader submits the draft act to the trade union elected body, which must provide a reasoned opinion on the content of the draft within five days.

Introduction

LNA is put into effect by the relevant order.

After that, employees must be familiarized with the new document under signature. When hiring new employees, they must be familiarized with the act before signing the employment contract.

Leave to employees must be provided by all employers. However, the Vacation Regulations are an unusual document for many. Is the Regulation on holidays necessary for the employer and employee? We will talk about this in our consultation.

Do I need a vacation policy?

Labor legislation does not contain requirements for the employer to have the provisions on vacations. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues of granting holidays that are not regulated by the current legislation and are left to the discretion of the parties.

Vacation policy: sample

The regulation on holidays can both disclose issues related to the provision of all types of holidays to employees, and clarify only certain aspects. So, the organization may have the Regulations on annual additional paid holidays, the Regulations on holidays without pay, and others.

An example of the Regulations on annual additional paid holidays.