You can take time off from your new job. If your employer flatly refuses to let you go on vacation, you still have two options. Some tricks and certain nuances

All workers have it, regardless of whether their employer is an individual or a legal entity; neither how long their working day lasts, nor how their work is paid.

In other words, even part-time workers have this right.

That is, the management of the organization cannot fire, transfer a person to another place, or deprive him of his salary during his time off (Article 114 of the Labor Code).

There is, however, one caveat - these norms apply only to participants in labor relations that are specifically sealed. If someone works under (and this includes agency work), then we are not talking about an employment relationship, but about paid services, where, of course, no vacations are guaranteed.

Here everything is finally decided by the boss. True, in other cases, a civil contract is recognized as an employment contract, then all relevant norms apply - including those regarding rest.

After how many months is vacation due in the first year of work? The first leave after being hired is granted to a newcomer after six months from the date of employment (Article 122 of the Labor Code). True, maybe earlier - in agreement with the authorities.

Is it possible to go on vacation earlier than 6 months without working this period? Yes, in particular, the following have the right to receive time off before this limit:

• adoptive parents of infants(up to 3 months);
• Knights of the Order of Glory;
• persons who received radiation exposure during work in Semipalatinsk;
• heroes of the Russian Federation;
• donors who provided blood 40 times or more are also Honorary Donors of the Russian Federation;
• an employee whose wife went on maternity leave;
• spouses of citizens in military service.

Thus, the employee’s right to leave arises after 6 months; another matter is whether the employer is obliged to provide leave after 6 months?

Yes, but some are reluctant to give it to their newly hired employees, so we advise you to discuss this issue with the employer to avoid conflict.

Vacation experience

Denial of leave to a new employee

Can a boss refuse leave? Maybe, if there are special circumstances. This requires the consent of the frame itself. A special order is issued and presented to the citizen for signature.

REFERENCE: In other cases, the vacation schedule is unshakable for both parties to the employment contract. If the employer persists, the person can, firstly, not go to work from the day prescribed by the schedule (and this will not be absenteeism!), and secondly, complain about the satrap to the labor inspectorate or the prosecutor's office. Or there and there at the same time.

About what to do if the employer does not allow you to go on vacation according to the vacation schedule.

An inspection will follow and if it turns out that the organization is to blame, it will result in a fine of up to 50 thousand rubles (Article 5.27 of the Administrative Code). It is very important to read the contract carefully when applying.

It may well contain a special order, and the signature will mean that you have accepted all the conditions. If the schedule is approved, neither the boss nor the employee needs to violate it.

According to unofficial statistics, 90% of all workers think about vacation during the summer while working. The remaining 10% have already gone on vacation. Unfortunately, it is not always possible to go on vacation when you want, and for as long as you are “tired” and “worked out”. Rjob looks at the main points that future vacationers need to know. The vacation law is regulated by Chapter 19 of the Labor Code of the Russian Federation, Articles 114 – 128. Many points in it remain unchanged for a long time, but every year some innovations appear. Let's look at the main questions that workers may have. How long should you rest? 28 calendar days a year, that is, a full 4 weeks. It is beneficial to take vacation during holidays, since these days are not counted as calendar days and the vacation is extended at their expense. For example, in 2016, March 8 fell on a Tuesday – an official day off.

When can you take a vacation?

Attention

Compensation for unused vacation: ten and a half months count for a year When dismissing an employee who has worked in the organization for 11 months, compensation for unused vacation must be paid to him as for a full working year (clause 28 of the Rules, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . But sometimes these 11 months are not so spent.< … Налог на прибыль: перечень расходов расширен Подписан закон, который внес изменения в перечень расходов, относящихся к оплате труда.

Thus, employers will be able to take into account in the “profitable” base the costs of paying for services for organizing tourism, sanatorium-resort treatment and recreation in Russia for employees and members of their families (parents, spouses and children).< …

Let me go! 13 questions about vacation

What if you had to take sick leave during your vacation? In this case, you need to provide the HR department with a copy of the sick leave and write an application to extend the leave for sick days that coincide with the days of vacation. If the application is not written, then the employer, on his own initiative, is not obliged to extend the vacation. Who should do work while on vacation? Such issues are resolved in each case individually.

In small companies they try to rest during quiet periods or do their best work the day before. If your boss or colleagues persistently call you with requests for help, to finish, to look, and the like, and you don’t know how to refuse or are afraid, you can use a trick: don’t look through your email, turn on the phone for a couple of hours a day, don’t pick up the phone, pretending that you were on an excursion or even sailed into the ocean. Many people practice complete shutdown from work life during vacation.

After how many months is an employee entitled to leave?

Important

Registration of a vacation schedule and the procedure for granting vacation to new employees. A vacation schedule is an official document that is drawn up at the enterprise to regulate the procedure for annual paid vacations for employees. This is necessary to ensure the normal operation of the organization and prevent employees from not going on vacation. The latter is also of great importance, since the responsibility for sending employees on vacation rests with the management of the enterprise, and if an employee does not go on vacation this year without serious reasons, the responsibility rests with the employer.

This document is drawn up at the company no later than 2 weeks before the end of the current calendar year. Thus, the last day for signing it, in accordance with Article 123 of the Labor Code of the Russian Federation, is December 17.

Chapter 19. vacations

Federal Law of June 30, 2006 N 90-FZ) The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous 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 tripartite commission for regulation of social and labor relations. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006) Article 118. Annual additional paid leave for the special nature of the work Certain categories of employees whose work is related to the specific characteristics of the work are granted annual additional paid leave.

How long before you can still take vacation?

It is important to know! An exceptional case for calculating the duration of the first vacation period is additional leave, which is provided when working in harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation). Article 137. Limitation of deductions from wages Article 138.

Limiting the amount of deductions from wages To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year. Article 123. Sequence of granting annual paid leave What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in this situation.

After how many months is vacation due in the first year of work?

All employers are required to give employees vacation after six months of work. They cannot refuse this. Is it possible to leave ahead of schedule? The Labor Code determines that the employer has the right to give leave earlier than the established period (Part 2 of Article 122). He makes this decision on his own. There are no legal grounds for an ordinary employee who has not worked for six months to quit.
The exception is the categories of personnel named in Part 3 of Art. 122. A new employee has the right to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant child (not older than 3 months);
• is a pregnant woman (before or immediately after a vacation related to this event).

There are other exceptional cases defined by federal legislation. Sequence of rest The frequency of vacation periods at the enterprise is established by the vacation schedule.

It must be taken into account that if the month is not fully worked, vacation pay will be accrued in full only if he worked for 15 or more days. According to Part 2 of Article 122 of the Labor Code of the Russian Federation, a number of categories of workers have the right to go on full leave after a six-month period without the consent of the employer. These include:

• Women “in pregnancy”, immediately before maternity leave or after childbirth;
• Minor workers;
• Employees who have adopted a newborn.

The company's management does not have the right to refuse to provide them with rest days. If an employee is not given such an opportunity, he has the right to independently exercise it without the consent of the employer. In addition, the latter may be held accountable if it is established that he violated the current legislation.

How long after the main vacation can an employee take vacation?

Persons engaged in labor activities have the right to additional days of rest:

• In harsh conditions or in contact with hazardous substances;
• in educational institutions of preschool, basic, secondary special and higher education;
• And those who have not reached the age of eighteen (Article 267 of the Labor Code of the Russian Federation);
• In conditions of irregular working hours;
• Other cases provided for by federal or local regulations.

A citizen has the right to use earned rest days before the expiration of a six-month period. The employer can give consent to this if he has someone to replace the employee. Providing leave in advance, that is, in a larger amount than the employee actually earned, is possible only after he has worked at the enterprise for six months.
Before this, there is no such opportunity.

In accordance with Art. 115 the total duration of rest is 28 days. Article 115. Duration of annual basic paid leave With the approval of the employer, the first leave may be granted before six months of work. Article 122. The procedure for granting annual paid leave to certain categories of employees, regardless of the duration of work at a particular enterprise:

• citizens under the age of 18;
• employees who are expecting the birth of a child;
• employees who adopted children under 3 months of age;
• other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Schedule from launches to next. calen year d.b. drawn up no later than December 31 of the current year, taking into account the opinion of the trade union (if there is one) and the wishes of the employees. Therefore, in the next You must go on vacation according to the schedule, if you did not draw it up - this is a violation for the employer. As for going on vacation outside of the schedule, it is carried out by agreement with the employer.

Hello! Vacations are provided to employees according to approved vacation schedules. Such schedules are mandatory for both employees and employers. As for vacation periods and holidays, if an employee has been employed since 02/10/2015, then for the first year of work for which he has the right to use vacation - 02/10/2015 - 02/09/2016, therefore the next vacation period is 02/10/2016. 2016 -03/09/2017

Current legislation guarantees all workers an annual long leave. In addition to the fact that it is paid for by the employer, when using it, employees retain their jobs, salaries and other working conditions. The procedure for granting, registering, and paying for vacations is regulated by the Labor Code of the Russian Federation.

For new employees, there are some differences and restrictions in the provision of basic leave. Moreover, they apply to both ordinary employees and certain categories of personnel.

The responsibility for complying with the procedure for granting vacations rests with employers. Therefore, it is important to know it and strictly adhere to it. Violations are subject to administrative liability and other types of penalties.

Labor Code norms

The rights of citizens to rest at a new job are protected by labor legislation. Article 122 establishes that the first paid vacation period is due to an employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month. In accordance with Art. 115 the total duration of rest is 28 days.

With the approval of the employer, the first leave can be granted before six months of work.

• citizens under the age of 18;
• employees who are expecting the birth of a child;
• employees who adopted children under 3 months of age;
• other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Attention! Designated categories of employees are given leave based on personal applications indicating and officially confirming their rights to early leave. The employer does not have the right to refuse, even in the event of an urgent production need for them.

Some employers are inclined to take partial vacation after six months of work. However, such a position is misleading.

Having worked for a new employer for 6 months, the specialist receives full rights to all types of rest provided for:

• main annual;
• additional;
• extended, etc.

Russian legislation allows vacations to be given in advance in the first working year. If an employee is dismissed before the time worked, for which rest has already been provided, the paid vacation pay is allowed to be withheld (Article 137 of the Labor Code of the Russian Federation). The calculation is made according to the rule of Article 138 of the Labor Code, which sets the maximum withholding of earnings at 20%.

It is important to know! An exceptional case for calculating the duration of the first vacation period is additional leave, which is provided when working in harmful or dangerous conditions. It must be drawn up in proportion to the time actually worked (Article 121 of the Labor Code of the Russian Federation).

To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 Labor Code of the Russian Federation. The document is drawn up, agreed upon and approved two weeks before the end of the current calendar year.

What to do with new employees if the vacation schedule has already been drawn up? There are no restrictions for either the employee or the employer in this situation. The vacation schedule is not adjusted retroactively. Upon written application of a new employee, he is granted the first leave at the time prescribed by law, unless other agreements are determined by the parties to the employment relationship.

Attention! The Labor Code does not prohibit adjustments to the main vacation schedule during the year. For this, the HR department prepares an additional schedule, agreed upon with employees, the organization’s trade union and approved by the manager in the usual manner.

Registration of the vacation period in the first year of employment is no different from other years.

The order is as follows:

1. An employee writing a statement.
2. Approval of the application by the manager and issuance of an order (Form T-6).
3. Calculation of vacation pay with entering information in and.

Vacation pay is calculated based on average earnings for the previous year. In the case of a new employee who has not worked for 12 months, the calculation takes into account the salary for the time actually worked from the beginning of his work until the month in which the application was submitted. In the same way, average earnings are calculated and the billing period is determined.

When is the first vacation due after getting a job?

At a new place of work, vacation is due from the first year (Part 1 of Article 122 of the Labor Code of the Russian Federation). Every subordinate, regardless of the duration of cooperation with the employer, has the right to receive vacation days annually. Consequently, employees have every legal basis to demand leave in a new organization in the first year of their work.

All employees working under employment contracts have the right to leave. The rest conditions of employees working on the site are determined by the parties independently. Such agreements include contract agreements, provision of paid services and some others.

Vacation is a continuous period of rest for an employee lasting several days with the vacationer retaining a job at the enterprise, salary and other working conditions.

As a general rule, the first vacation after getting a job is due after 6 months of work with a new employer (Part 2 of Article 122 of the Labor Code of the Russian Federation). The legislation does not specify the specific moment of its provision. Therefore, you can claim the right to leave immediately after six months of work or later, at a convenient time before the end of the calendar year.

If annual paid leave was not used, the employer must compensate it financially. Despite the fact that the procedure for providing rest to employees is regulated by law, it would not be amiss to reflect it in the employment agreement. All employers are required to give employees vacation after six months of work. They cannot refuse this.

Is it possible to leave early?

The Labor Code determines that the employer has the right to give leave earlier than the established period (Part 2 of Article 122). He makes this decision on his own. There are no legal grounds for an ordinary employee who has not worked for six months to quit. The exception is the categories of personnel named in Part 3 of Art. 122.

A new employee has the right to early leave, for example, if he:

• has not reached the age of majority;
• adopted an infant child (not older than 3 months);
• is a pregnant woman (before or immediately after a vacation related to this event).

There are other exceptional cases defined by federal legislation.

Rest order

The frequency of vacation periods at the enterprise is established by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for six months, vacations are planned for the next year or changes are made to the current schedule.

As a general rule, every employee has the full right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period required by law may be divided into parts, one of which should not be less than 14 days.

Duration

The duration of the first vacation at a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, subject to working for 6 months. Moreover, this period of work must be continuous.

It is important to understand that it is not necessary to go on vacation after six months. Allowing a new employee to take annual vacation is an employer’s right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.

The employee must exercise his right to basic paid leave within a year. The employer is obliged to control this. By law, if the reporting period ends, he must send on vacation an employee who has not yet gone on vacation. Employers are responsible for unused vacations.

The employee, in turn, can refuse leave and ask for its replacement with monetary compensation. This issue is resolved by agreement of the parties to the labor relationship. The subordinate has the opportunity to use this right only once every two years. It is prohibited to refuse the main vacation for two, three or more years in a row.

As a general rule, the total duration of the annual vacation period is 28 calendar days.

• working under hazardous or difficult conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• minor workers;
• workers working irregular days.

There may be other cases of providing additional days, provided for by federal laws or local regulations.

The employer gives his consent to the employee going on vacation if he has a replacement with another specialist or can do without him temporarily. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. greater volume than he actually earned. Previously, such a possibility was out of the question.

Naturally, employers try to avoid such privileges, since the risk that the employee will not return after receiving payment in advance is very high.

To protect the employer, the law provides for the possibility of collecting debt from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage incurred.

Procedure for registration and payment in 2019

The official local document of the organization regulating the procedure for employees going on vacation is the vacation schedule. It helps ensure the efficient operation of the enterprise and prevents missed legal holidays. After all, the responsibility for monitoring the use of vacation days by staff rests with employers.

The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation). Therefore, in 2019, the last day for its signing is December 17. At an enterprise that has a trade union body, it is mandatory to take its opinion into account when drawing up the document. If it is necessary to transfer vacation days, the changes must be agreed upon with the employees affected by them.

Attention! The employer is required to give each employee summer leave at least once every four years.

If, at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be given compulsory rest after employment for the next calendar year.

If an employee has the right to use the first vacation before six months of work and has expressed a desire to take advantage of it, it is necessary to include his vacation in the general schedule.

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days the vacationer needs. Payment is made after notifying the employee and before the first day of vacation. The enterprise issues an order containing information about the number of vacation days provided and their dates. The vacationer must familiarize himself with it and sign it.

If it is not possible for the employee to familiarize himself with the order in person, a special notification is sent to him.

The amount of vacation payments is calculated by the accounting department based on average earnings for the last year of work. The calculation may use the previous three working months. Earnings include not only the basic salary, but also all bonus payments, remunerations, and allowances.

The entire salary of the vacationer is divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Monetary compensation for unused annual leave is calculated in a similar way in the event of an employee’s refusal or dismissal. To receive compensation, you must submit an application.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance. It is prohibited to postpone payment to the next working day. For violation of these rules, the employer bears administrative liability.

If the employer violates the deadlines for paying vacation pay, the subordinate has the right to refuse vacation and take it at any other time at his discretion.

In addition to paying vacation pay, the company must make pension and tax contributions on it. To transfer them, the accounting department issues payment orders. By law, all amounts must be transferred to government agencies on the day vacation pay is paid.

Continuing the epic saga of the series of articles about vacations, I would like to answer a number of frequently asked questions (FAQ).

After how many months is vacation due??
After six months (Article 122 of the Labor Code of the Russian Federation) of continuous work with the employer, the employee has the right to leave. Let me emphasize – the RIGHT to vacation. It does not say that the employer is obliged to let you go immediately after 6 months. It’s just that before six months you don’t even have the right. And by the end of the year you MUST provide your allotted 28 days. Since the employer must provide 28 calendar days of leave annually. I would like to note that they can go on vacation even earlier than these ill-fated 6 months, but by agreement of both parties. Using the subtraction method, we find that the employer is obliged to provide vacation no later than 11 continuously worked months.

Leave for the second and subsequent years can be granted at any time, but... As always, there is a “but”. In accordance with the sequence of annual vacations of employees. A vacation schedule is drawn up with the signatures of all interested parties, that is, employees. Such a schedule should be drawn up 2 weeks before the end of the year. Well, 2 weeks before the start of the vacation, the employee must be notified in writing about the start time of his vacation.

After six months of work, the employee is entitled to leave not 14 days, as many employers claim, they say he earned only 14 days, but all 28. Then, in this case, the employer greatly risks the paid vacation money, since the employee may not return from vacation.

Again, according to the new standards, the mandatory continuous part of annual paid leave must be a period of at least 14 days. The employee can take the remaining days in parts. This is exactly where employers come in.

How much vacation pay is paid??

Here the law could not be more precise with the timing. “No later than three days before the start of the vacation.” That's all, I guess.

A situation from the “HELP!” category.

You got a job at an enterprise, and naturally you were not included in the vacation schedule for the current year (it is drawn up in the last month of the year, in December, no later than two weeks before the start of the next calendar year). Come on, if you got a job a couple of months before the end of the calendar year... What if immediately after drawing up the schedule? Why not go on vacation now?

And here we begin to understand that only the law can protect or help us in this situation.

It is clear that we are entitled to 28 calendar days for a full year worked. But the vacation schedule is tied to the calendar year, and not to the beginning of our work in the company, although our vacation days are counted from the moment we start work...

How confusing everything is...

How to be in this case? When is the first vacation due by law?

Let's figure it out together.

I won’t surprise anyone if I say that the first vacation according to the law is due no earlier than six months after the start of work.

But let’s immediately clarify that we are not dealing with a separate category of citizens, such as veterans, disabled people, persons under 18 years of age, etc. and so on. And a simple ordinary person who does not have any benefits, privileges or other nuances that impose special responsibilities on the employer.

We quote interesting points:

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties An employee can be granted paid leave before the expiration of six months.

And here about certain categories of citizens, as I warned:

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

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

- employees under eighteen years of age;

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

- in other cases provided for by federal laws.

But about the vacation schedule:

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

Let me draw your attention to the words “by agreement of the parties.” This wording ruins everything. It seems to allow you to take vacation earlier, but it does not oblige the employer to provide you with vacation immediately.

That is, it turns out that you have the right, but who will give it to you...

About reality and existence...

The modern reality is that many (and that “many” - almost all) employers violate labor laws - you can’t punish everyone, so they take advantage.

Often, it is indeed easier for an employee to “agree” with the employer than to prove that he is right. We, of course, are not the USA, where they can be kicked out of work for cheating on... their wife, but there is still justice for presumptuous bosses and personnel officers.

If the employer does not agree to your vacation dates, despite all the persuasion and persuasion (they are not yet spelled out in the vacation schedule!!!), we will have to wait exactly 11 months. After the expiration of this period, your right to vacation during the year worked is triggered. Here the employer MUST provide your full 28 calendar days.

Even if they tell you that it’s not 28, but 28-(28/12*1)=28-2.33≈ 25 days - don't refuse. While you are on vacation, your remaining 3 days will “roll up”, and upon dismissal you will be paid, or added to the next vacation, although they can be added indefinitely - from vacation to vacation...).

If your employer flatly refuses to let you go on vacation, you still have two options.

One is legal, when you go to the labor inspectorate, and under the threat (and maybe with an actual paid) fine they let you go.

The second is the path of tolerance; as always, endure it, wait it out, “well, how can this be, it needs to be done humanely,” or “there were mistakes on my part, probably the boss is right, I don’t need a vacation yet”...

The last statement - in our country can still be described by the phrase “mutual responsibility”, it is as always - whoever is stronger is right.

So either go and negotiate, or wait for your allotted blood leave.

But let me make a reservation right away: employers are not fools either and usually act as follows:

Since you are no longer included in the current year’s vacation schedule, you will be included in the next schedule so that a year does not pass from the moment of your employment, then the condition “Paid leave must be provided to the employee annually” is met, and your allotted leave simply goes over to the next year . It seems to flow from one year to another, leaving you with a certain number of days off work that you have worked in the incomplete first year of work. But in reality, you will only be paid upon your dismissal.