We figure out how many months vacation is due in the first year of work. Possible reasons for refusal

Employees often ask the question, The Labor Code says that every employee has the right to rest. This is reflected in Article 2 and 107 of the Labor Code of the Russian Federation, which describes the procedure for granting annual paid holidays. The duration of this rest is general order 28 calendar days in accordance with Article 115 of the Labor Code of the Russian Federation. But when exactly can you take a vacation under the Labor Code of the Russian Federation? Let's consider this topic in detail.

There are options

There is no clear answer to this question. Vacation time is negotiated in each case individually.
The employer calculates the intensity of the load and selects the time that is convenient for him in terms of the continuity of the work process. If the company has a large staff, then replacing the absent person is not difficult.
Leave can be:

next - according to the compiled staffing and extraordinary;
paid or at your own expense;
provided for previously worked time;
additional and main.

The law does not specify specific dates, but periods during which the employer is obliged to provide the employee with mandatory rest. Usually this is once a year. But it is also possible to break the vacation into parts, one of which cannot be less than half of the entire vacation. Respectively, when can i take a vacation agreed between employers and employees.

Another vacation on schedule

A vacation schedule should be in any organization that uses hired labor. It must indicate the approximate dates or at least the month of the next rest of each of the employees, when can i take a vacation.

Decides by the head or an employee authorized by him, when can i take a vacation a specific employee. But at the same time, the opinion of the employee should be taken into account. Usually a compromise is reached, as the employee understands that certain professions have their own nuances that can interfere with rest at certain times.

EXAMPLE
Accountants form and submit reports on dates strictly defined by law. During this period, they have a particularly high workload. The rest of the time, the work is not so intense. Therefore, it is unlikely that the boss will let the accountant go on vacation in March, when the annual balance sheet and reporting of the entire enterprise is formed.

The vacation schedule is drawn up in such a way that a large number of employees are not absent from work at the same time. Of course, everyone wants to relax in the summer, but in practice this is impossible.

There is the possibility of registration and unscheduled vacation. For example, unvacated for last year. In this matter the last word remains with the employer. If there is a “window” that will allow you to do without an employee at this time, then there should be no problems. See also "", "".

Rest time according to the law

Article 122 of the Labor Code of the Russian Federation states that a newly arrived employee has the right to rest 6 months after employment. And if the employee is under 18 years old, then he can demand a vacation earlier. Therefore, formally, the question when you can take vacation according to the Labor Code, is not in front of him. Also keep in mind that you can take a vacation even if you work on a fixed-term employment contract. Cm. " ".

The employer must pay vacation pay at least 3 days before the start date of the vacation. But in the case of granting leave at the request of the employee, this rule may be violated if the latter warned the employer only a day or two before the start of the holiday. In such a situation, a fine may not be charged, but compensation for delayed vacation pay (regardless of the employer’s fault) will have to be paid. In accordance with article 236 of the Labor Code of the Russian Federation. About the calculation of compensation for late payments wages in 2016 you can read in the article "".

The first leave after employment under the law can be taken after six months. This rule applies to almost all groups of workers, but there are exceptions that allow you to arrange a vacation earlier.

Some organizations introduce their own rules for vacation periods of the first year of work, but they must be consistent with the norms of the Labor Code and not contradict it.

The employer is obliged not only to ensure the vacation of a new employee within the specified time frame, but also not to violate the priority schedule already drawn up for those who were previously employed. In addition, it is extremely important to maintain a rational balance between the desires of the employee and the production capabilities of the organization. To take into account everything and not to break the law is the main duty of the head of the organization.

The right to receive annual paid rest is assigned to every employee, regardless of profession, length of service and salary level. In accordance with the Labor Code of the Russian Federation, the minimum duration of vacation periods is 28 days per year, which, when divided by 12 months, forms the figure 2.33. For each month worked, a person is entitled to more than two paid days of rest.

Concluding labor contract with a new employer, the employee automatically receives all the social guarantees listed in the legislative norms of the Russian Federation. His contract spells out all the vacation periods due to him, which may include:

Regular or additional period.
Extended rest, which rely on a number of professions.
Days provided by the employer in excess of the specified norms on their own initiative.

But here to use the right to issue paid vacation days maybe not right away. This is due to the fact that the employee has not actually earned it yet, and although in the future rest may be provided in advance, a certain trust limit must still be created before the employee can fully rest.

Order of submission

Employment during the calendar year entails a number of inconveniences for the employer. So frequently asked question employers have a prioritization of what to do if the vacation schedule has already been drawn up.

The priority schedule should be drawn up by each organization within a strictly established time frame. According to article 123 of the Labor Code of the Russian Federation, this document is always drawn up before mid-December current year. All persons working in the organization must be included in it, indicating the date of commencement of the holiday and its duration. Since the law does not prohibit dividing the rest into component parts, such splittings can be pre-registered in the schedule. When it comes new person, it is not advisable to redo an already approved document, although this is not prohibited by law. But it is easier to coordinate the time of care on an individual basis. To do this, between the parties to the labor relationship, a discussion is made that is convenient for both. And the rest itself is provided at the request of the employee.

Required experience

Article 122 of the Labor Code of the Russian Federation regulates the procedure for granting vacation days in the first working year.

In accordance with its norms, an employee can obtain a legal right to rest only after six months of work. The indicated six months are counted in calendar terms and imply that the person was admitted to workplace and did not terminate the contract during that time. Not only days of actual work are taken into account, but also weekends, holidays, as well as days of illness or business trips. An exception to general rule calculation days may be taken without pay, if their total strength exceeded the legally permissible threshold of 14 days. Absent days are also excluded from the total length of service and delay the right to issue a vacation period.

After six months, an employee can apply for days off to the management of the organization. But not in all cases, his request will be granted immediately and in full. Leave 6 months after employment may be delayed if:

There is a production need to meet certain labor indicators at this stage.
The queue schedule does not allow a person to go on vacation.

The management cannot refuse paid days, and during the year it is still obliged to send the employee on vacation, but he is quite capable of adjusting the exit time.

Vacation period

Article 122 regulates the issues not only when you can take the first vacation under the Labor Code, but also how much you can take. In accordance with the established rules, after six months of continuous work, the employee has the right to request the full segment due to him for the year. And here is how much the employer will approve, taking into account all production factors, this is a separate nuance. Many organizations introduce some internal restrictions in order not to give newcomers the whole vacation at once. Such barriers are related to payment rules. When going on vacation, the employer is obliged to pay for the days provided, meanwhile, no one can forbid a person to leave immediately after it ends. It is illegal to force an employee to work, but you can also return no more than 20% of the accrued estimated amounts, and they, subject to dismissal after a vacation, are close to zero. Thus, a debt may arise, which is extremely problematic to recover from a dismissed person if he does not agree to put money in the cash register voluntarily.

However, organizations cannot legally impose a ban on the provision of the entire vacation in six months, therefore, they often refer to other conditions, for example, a busy schedule or impossibility for technical reasons.

Leave before six months

Not all categories of employees are required to work for six months, some can legally go on vacation before the expiration of this period. Only those employees who are listed in Part 3 of Article 122 of the Labor Code of the Russian Federation can go on vacation earlier. The employees specified in it cannot be denied the exercise of this right, they can go on vacation, even if they have worked in the organization for only a few weeks.

In addition to the mandatory conditions, there is a rule according to which the employer himself can issue vacation periods ahead of schedule. To do this, you just need to coordinate your request with the management and get permission to leave. The duration of such premature segments is also negotiated individually, and the required period is prescribed in the order for the organization.

Categories of workers

You can go on vacation earlier than six months worked:

Pregnant women before going on maternity leave.
Employees who gave birth immediately after the end of the maternity leave for BiR and before the start of maternity leave for a child under three years old.
Minors until they are 18 years old.
Employees who have adopted a child under the age of three months.

Article 122 stipulates that other rules may apply if they are established on federal levels. But there is another common category that does not have a limitation period for issuing a paid annual vacation - these are part-time workers. For those who work in combination, internal or external, vacation periods are always issued along with the days that are issued at the main place of work. This is an obligation of all employers who have part-time employees. When arranging a vacation for such employees, one should take into account not only the fact that they are not subject to the terms of issue, but also the fact that the duration should be equal to the main segment. If the due days of combined rest do not reach the required limit, then the employee has the right to take them at his own expense.

Vacation notice

According to the norms of the Labor Code, the employer is obliged to notify each employee of the start time of his vacation period according to the schedule. To do this, at least two weeks before the start of the vacation, the personnel department prepares a written notice indicating the priority dates for going on vacation specified in the schedule. The notification is mandatory, and its absence threatens with penalties, and allows the vacationer to reschedule the periods to another time at his discretion. The employee is familiarized with the notice under the signature.

Not in all cases it is possible and necessary to notify the employee. So, when a new person is admitted to the staff of the organization, he most likely is not included in the priority schedule, because editing a document because of one person is unprofitable and time-consuming. Therefore, the management of the organization does not send him a notification, but waits for the employee himself to express a request for the issuance of rest to him. With this turn of events, an application is submitted on behalf of the employee, which is agreed upon by the director.

In both cases, the last stage of documenting is the issuance of an order, indicating the timing and order for the calculation of payments.

Order of registration and payment

Vacation days must be paid taking into account the income that has been earned in the last 12 months.

But only those salary amounts that were accrued in this organization are taken into account. That is why it is sometimes unprofitable for the employee himself to arrange vacation periods at the beginning of his labor activity at this enterprise.

What amount of compensation is due to the vacationer is calculated by the accounting department. They take the cumulative income for 12 months or less and calculate the average monthly salary. And then this indicator is divided by 29.3, which allows you to get the average daily income. Then this figure is multiplied by the total duration of the period provided and they receive vacation compensation, from which the required percentage of personal income tax is deducted.

Payment of accrued amounts is made in the generally accepted manner, three days before the start of the holiday.

What is the vacation after 6 months of work?

Under the provisions of the law, an employer can provide an employee with paid time. After six months of work, this right arises for everyone. In this case, the specified period of labor relations must be continuous. This means that the employee should not leave. But periods of disability, business trips do not interrupt legal relations with the employer, so they are counted in continuous experience.

It should be pointed out that the legal provisions define the indicated right in full. After 6 months of work, the employee gets the opportunity to leave for the entire allotted time, as if he had worked for a calendar year.

The law provides for cases when an employee can receive the entire period of rest and 6 months before working off. This applies to underage workers and others.

Application for paid leave after 6 months of work - sample

The specified application for leave after 6 months of work must be written. It is this document that will become the basis for issuing an order to provide rest after work.
It is important that the employee has the opportunity to take the entire period that he is entitled to. And the law provides for its duration of 28 days. Accordingly, it is necessary to indicate exactly 28 days in the application.

The conditions for how many days you can get depend on the employee himself, as well as on his agreement with the employer. The fact is that the rest period can be divided into two equal or unequal halves.

And after 6 months, you can write an application for the provision of only part of the prescribed period of time. This is an employee's right, but it should always be discussed with the employer.

It should be noted that the application is written in a free version and in handwritten form. Although many employers allow both computer-typed and signed application text.

The presented sample is correctly designed and complies with the regulations on office work.

How many vacation days are required after 6 months of work under the Labor Code of the Russian Federation

The law determines that the duration of rest is 28 days. At the same time, longer periods of rest are provided for civil servants, federal employees and a number of other categories of workers. They are supposed to be from 30 to 35 days.
Therefore, the prescribed duration of four weeks is basic, it may be slightly longer.

Accordingly, the employee is entitled to either the specified 28 days or a longer period of time. It depends on his status and position. You can find out the minimum duration after 6 months of work in the personnel department.

Does an employer have the right to refuse vacation after 6 months of work?

With permission this issue you need to understand that the right to leave is granted to the employee in any case. Since, according to the law, it arises six months after the beginning of the employment relationship, the employer does not have the right to refuse to implement it.

This means that the employer does not legal basis refuse to due vacation. Accordingly, when an employee has worked for six months and writes an application for a vacation, it will be considered positively.

The only possible compromise is to get part of the rest after six months of work. The employer may offer to exercise his right and receive 14 or 20 days from the prescribed 28. But the employer is not entitled to refuse in full.

Is it possible to cancel a vacation after six months?

This period is the right of the employee, but not his obligation. Accordingly, an employee cannot be forced to receive rest time against his will.

Moreover, if an employee has not exercised his right in six months, this is only welcomed by management. After all, the employee is at his official place and performs duties even after six months of experience. Therefore, no one will offer to leave. This is a right that can be exercised after six months, or you can not.

How to correctly calculate vacation after six months of work?

Per base unit should be taken 28 days. This is the main duration, which is enshrined in the current legislation. It is for the specified period of time that every employee is entitled after six months of service. There is no need to calculate specific days and dates. No need to use formulas and algorithms.

The usual duration of the holiday starts from the specified 28 days. And this is exactly the time that each employee who writes an application for providing him with rest will receive.

According to the Labor Code - the Code of Labor Laws, which was in force until 2002, it was possible to take paid leave at a new workplace no earlier than after working 11 months. Before this period, neither the vacation itself, nor part of it was supposed to be provided. Article 122 Labor Code The Russian Federation states that the right to leave during the first year of continuous work in a new place arises for an employee after 6 months.

But this does not mean at all that he is entitled to a full four-week vacation - in this case, he can only count on 2 paid weeks. In addition, the employee’s right to leave is not at all the reason for the employer why he must unquestioningly provide it. In the event that you do not belong to one of the categories of workers who have the right to take vacation when they need it, you can get it in accordance with.

In some cases, by agreement of the parties, the employer may provide you with the requested leave earlier than the prescribed six months.

This schedule, the compilation of which is regulated by Article 123 of the Labor Code of the Russian Federation, is mandatory for both employees and the employer. It is compiled at the end of the calendar year, but in the case when you started your labor activity already after it has been drawn up and approved, you must warn about your desire to go on vacation in advance so that the schedule can be adjusted.

In the event of dismissal, an employee who does not have a continuous six-month work experience at this enterprise is entitled to compensation for unused vacation. The employer has the right to refuse to grant the vacation itself.

Who is entitled to leave immediately upon writing the application

When entering a new job, even if less than six months have passed, some categories of workers can receive paid leave, which, for example, include:
- women during pregnancy before going on maternity leave, as well as those of them who are already on such leave and want to extend it at the expense of labor;
- minor employees who are not yet 18 years old;
- adoptive parents of a child who is not yet 3 months old;
- working pensioners with the title of "Veteran of Labor";
- other categories of employees to whom to provide labor leave out of turn is required in accordance with federal law.