Compensation for unspent vacation days is possible only upon dismissal. You can also replace with money additional paid leave to the main one. If the employment contract is not terminated, then it will not be possible to replace unused vacation for the past working year with compensation. Online calculator for calculating vacation pay. Article 122 of the Labor Code of the Russian Federation states that basic paid leave is provided to every employee annually. For each working year, a minimum of 28 calendar days. In some cases they add additional days- who is entitled to extended leave. There are also provisions in Article 124 that vacation for the past working year must be taken no later than 12 months following its end. It turns out that an employee must rest at least once every 2 years. In practice, there are increasingly situations where workers work for several years without going on vacation.

Should an employee take vacation time?

Vacation days accumulate. The question arises: will the accumulated vacation days burned out? Is it possible to receive monetary compensation for them or can you go on one long vacation of a duration equal to the total duration of all vacations not taken? Will vacation not taken be expired in 2017? Labor Code in 2017 this issue does not change, the worker must still go on vacation every year. If this does not happen, then it is necessary to rely on Rostrud letter 1921-6, according to which an employee who has not rested for several years still has the right to all vacation days not taken. Vacations have not expired before and will not expire in 2017 either. There are no changes in this matter.
If an employee resigns, he must be paid monetary compensation for all vacation days not taken off.

Is it necessary to use all 28 vacation days in a year?

Vacation Every year an employee must rest; the Labor Code of the Russian Federation provides for a mandatory paid period in the form of vacation minimum quantity V general case 28 cal days. However, often in practice a situation arises when employees work at an enterprise for several years without going on vacation. Is this acceptable? Will vacation not taken be forfeited? In 2017, vacation not taken, according to the labor code, does not expire.
Vacation days are transferred to future periods; upon dismissal, the employer is obliged to pay monetary compensation for all unfilled vacation days. The reason for working without a vacation break may be related to both the desire of the employee himself and the peculiarities of the organization of the labor process in the company. Many workers do not want to rest so as not to lose wages, intending to receive monetary compensation for vacation pay for all days not taken off.

Is it necessary to take all 28 days of allotted vacation in a year?

If an employee long time did not rest, then the total number of unspent days can be tens or hundreds of days. For all these days, compensation is calculated based on average earnings for the 12 months before dismissal. Of course, this violates the requirements of the labor code in terms of mandatory provision annual paid leave, however, the Labor Code of the Russian Federation does not contain any rules stating that days not taken off for a period exceeding 2 working years must be burned out.

Until such a provision is introduced into labor legislation, the employer is obliged to pay for all unspent days. Postponement of vacation according to the Labor Code of the Russian Federation is possible, but it can be postponed no further than 12 months from the end of the working year. To prevent this from happening, it is necessary to encourage employees to use the required vacation days.

When does the main leave expire?

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When should vacation time be used?

Do not interfere with staff rest, plan annual rest for employees by drawing up a schedule for the next year. An employer whose employees do not rest for more than two years in a row may be fined, the amount of the fine can reach 50 thousand rubles. In this case, the employee does not incur any losses, no punishments are provided for him, his unfilled vacation does not expire, and the right to compensation is retained for all days.

How to calculate the number of allotted vacation days can be found in this article, where examples explain the procedure for determining the working year and the corresponding number of vacation days. Does unused vacation expire under the International Convention? Since the end of 2011, the Russian Federation has taken into account the provisions of the ILO convention, which, regarding paid vacations, states that the employee’s right to compensation for unused vacation days remains for 21 months.

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Important

Roman Albertovich Lepekhin This lawyer is from the city of Moscow. The employee is required to take a full vacation, all 28 k.d. There is no such rule in the Labor Code of the Russian Federation according to which it would be possible to use vacation incompletely. The Labor Code of the Russian Federation allows the next vacation to be divided into parts, by agreement between the employee and the employer.

Attention

Moreover, one part in mandatory should be 14 days, choose the rest at least one day at a time. Article 125 of the Labor Code of the Russian Federation In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

Is an employee required to take vacation time during the first year of work?

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The employee was hired on May 3, 2017. when drawing up a vacation schedule, the employee identified a desire to go on vacation on May 28, 2018 for 14 days and on July 30, 2018. But HR officers do not accept the schedule; they say that an employee in the first year of work must take vacation until 05/03/2018. How legal is this??? Thank you. Collapse Victoria Dymova Support employee Pravoved.ru Try looking here: You can get an answer faster if you call the free hotline for Moscow and the Moscow region: 8 499 705-84-25 Free lawyers on the line: 9 Answers from lawyers (1) Good afternoon.

In accordance with Article 122 of the Labor Code of the Russian Federation: The right to use vacation for the first year of work arises for the employee after six months of his continuous operation at this employer.

Reputation. personnel selection. recruiting agency.

At the same time, the Labor Code stipulates that one of them must be at least 14 days. The remaining 2 weeks can be taken as you wish - one week at a time or even 1-2 days. However, none of the employers will mind if you take no vacation at all.

The days not taken off will simply accumulate, and upon dismissal, such a workaholic can receive substantial vacation pay. In the new realities, it will not be possible to save for a long vacation or a solid compensation, as well as to work for wear and tear. According to the new law, at least once a year, an employee must take a minimum period of 2 weeks off.

In addition, he must use the remaining days within one and a half years, counting from the end of the year for which the leave is granted. In other words, for example, an employee must spend 14 days on vacation in 2011, and must take the second half of vacation for this year no later than mid-2013.
Russia ratified the convention International organization Labor (ILO) on paid leave, but the changes will come into force only in a year. Now Russians will be required to go on vacation for at least 2 weeks, and days not taken off will be forfeited. It will be possible to “take a vacation with money” only 14 days in advance. The federal law on this was signed by Russian President Dmitry Medvedev. In fact, by doing so, we are unifying our labor legislation with the developed countries of the world. What will change for Russians? The most important thing is that the minimum duration of annual paid leave will remain the same. Russians will be able to rest at the expense of their employer for 28 days a year (ILO requirements, by comparison, are softer - only 3 weeks). At the same time, the procedure for providing the required rest will change slightly. Change one Now we can take vacation in parts.
Hello! Question about vacation. Can the HR department require, along with the vacation application, an application to transfer part of the vacation if I do not want to use all 14 days that were planned for me according to the vacation schedule? In May, I wrote an application for vacation for 8 days instead of 14 days, I was asked to simultaneously write an application to postpone the vacation. I wrote, but I still don’t want to go on vacation at this time. I don’t really know what to do with these days. Such problems have never arisen at other jobs: unused days were taken into account upon dismissal and compensation was paid. I was told that now I don’t even have to write an application for leave, since an application for transferring leave is the basis for issuing a leave order... That is, in fact, I am being forced to go on leave. I decided not to write any applications to reschedule my vacation in the future.

Not all employees go on vacation every year. There are those who have not rested for three, four or more years in a row. This state of affairs contradicts Labor Code, so HR officers and accountants have to urgently arrange leave for past periods. Our article will help you figure out how to correctly draw up a vacation schedule in this situation, in what sequence to provide vacations for past periods, and what maximum amount days of rest can be granted in the current year.

“Ideal” vacation scheme
If you strictly follow the letter of the law, then you cannot “accumulate” vacation for more than two years. This is directly stated in Article 124 of the Labor Code. Therefore, even if the employee does not want to rest, the employer is obliged to issue compulsory leave.
To do this, it is enough to include the employee in the vacation schedule, which, according to Article 123 of the Labor Code of the Russian Federation, is mandatory not only for the employer, but also for the employee himself. Next, you need to notify the person against signature of the start of the vacation no later than two weeks before the start, and also accrue and pay vacation pay. These actions will mean that the employer has complied with the requirements of the law, regardless of the employee’s intentions.
However, in real life, many companies and entrepreneurs do not act this way. As a result, among the workers there are those who have not rested for three, four or more years. To rectify the situation, HR officers and accountants have to urgently apply for leave for past periods.

Should unused vacation be included in the current schedule?
There is an opinion that when drawing up a schedule for the next year, only the vacation provided for the current period should be taken into account. But leave for past periods should be provided upon a written application from the employee. Supporters of this point of view refer to Article 124 of the Labor Code of the Russian Federation, which states that the transfer of vacation to another period is carried out upon the written application of the employee.
But there is another point of view, which we also adhere to. The current schedule must include all vacations, including those granted for previous periods. After all, it is possible that the employee does not write a statement, and then the schedule will become the only basis for granting “overdue” leave.
As for Article 124 of the Labor Code of the Russian Federation, it we're talking about about a situation where the employer did not fulfill his duties. Namely, he did not issue vacation pay or did not promptly warn the employee about the start of vacation. In such circumstances, the reason for postponing the vacation is the employee’s statement. If the leave is not used at the employee’s initiative, an application is not required.

In what order should holidays be granted for past periods?
The Labor Code does not say in what sequence vacations not used in previous periods should be granted. In practice, experts use two different approaches.
The first approach implies that you first need to provide vacation for the current period, and only after that move on to “overdue” vacations. Proponents of this approach argue as follows: since, according to Article 122 of the Labor Code of the Russian Federation, leave must be granted annually, the current period has priority. An additional argument is the letter of Rostrud dated 01.03.07 No. 473-6-0. It contains the following phrase: “Labor legislation does not contain provisions providing for the use of vacations for working periods in chronological order.” This means that vacation for later periods can be taken before vacation for earlier periods is used.
The second approach, in contrast, is to grant leaves in chronological order. Let's illustrate with an example.
Let’s say an employee did not take vacation for 2012, 2013, and so on until today. In this case, the employer must first give leave for 2012, then for 2013, and so on. Vacation for 2018 will be the last one. The basis here is the fact that, thanks to chronological order“old debts” are reduced, and the employer gradually corrects the violation. At the same time, the requirement of Article 122 of the Labor Code of the Russian Federation was met, because vacation was granted this year. This approach does not contradict Rostrud letter No. 473-6-0, since this letter does not directly prohibit chronological sequence.
In our opinion, both approaches are acceptable. The employer needs to choose the one that seems more acceptable to him and enshrine it in local regulations (for example, in the order of the manager).

How many days of vacation can be provided during the year?
If an employee has not rested for several years, then the number of unused vacation days can be in the dozens, and sometimes even exceeds 100. The question arises: will the employer break the law if he provides all these days within one year?
The Labor Code does not contain any restrictions on this matter. Simply put, a company or entrepreneur can safely pay off their vacation “debts” to an extent that will not harm the production process. Moreover, in a situation where all “overdue” leave is granted at once, the employer has a significantly increased chance of avoiding conflict with labor inspectors. Thus, if we are talking about unused vacation, then any number of days is legal.

One of the questions on which HR specialists have not yet come to a consensus is this: does unused vacation expire or not? There are different points of view on this matter. Which one is correct can be found out only after carefully studying the regulatory documents.

Any employee can use all the rest days that he has accumulated during his time working in the company. If desired, last year's vacation can be added to the current one. This conclusion follows from the provisions of Art. 124 Labor Code of the Russian Federation.

In other words, if an employee has 10 calendar days left unused from last year, they transfer to the current year. Therefore, when going on vacation, an employee first takes last year’s part off, and only then the current one. In fact, it is not necessary to take vacation separately for the past and present periods. In practice, rest days are usually provided at the same time.

Situations where an employee has unused vacation for several years at once are unacceptable. It cannot be that the employee has 5 days of rest left for 2015, 2 days for 2016 and another 15 days for 2017. If such an error is detected, the HR specialist must make appropriate adjustments to the personal file and then assume that the employee did not use 22 days of vacation for 2017.

To count the quantity unused days of vacation for which compensation is due, use the formula: (Duration of full annual leave/ 12) X Number of full months worked – Number of vacation days used

Take into account every year in which the employee did not take vacation or only partially took it off. After all, he had the right to rest annually (Article 114 of the Labor Code of the Russian Federation). In this case, we are not talking about the calendar, but about the working year. That is unused count vacation days for every 12 working months, starting from the day of employment (clause 1 of the Rules on regular and additional vacations, approved by the People's Commissar of the USSR dated April 30, 1930 No. 169; hereinafter referred to as the Rules).

Do not include in such vacation experience:

• the time when the employee was absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
• parental leave until the child reaches three years of age;
• leaves without pay for a total duration of more than 14 calendar days.

This procedure follows from paragraph 2 of paragraph 28 of the Rules approved by the CNT of the USSR on April 30, 1930 No. 169, and Article 121 of the Labor Code of the Russian Federation.

HOW TO REFLECT IN GRAPHICS

According to the rules for filling out form No. T-7, the vacation schedule for the next calendar year must be drawn up and approved by the manager no later than December 17 of the current 2018. In column 5 of the document you need to indicate the number of vacation days due to the employee for the next working year. This includes both basic and additional leave provided for by the Labor Code of the Russian Federation and local regulations on the organization.

When filling out the schedule, do not forget to consider the following points:

• You cannot make corrections to the document, or cross out what is written;
• any changes are made only after their approval by the employee’s immediate superior and receipt of a permit visa from the head of the company;
• if an employee postpones his vacation more than once, all information about this must be reflected in the schedule.

According to general practice, unused vacation days can be provided to an employee in two ways:

1. in accordance with the schedule - in this case they must be added to total number days of rest indicated in column 5;
2. based on the employee’s application in agreement with the employer.

In the latter case, the employee will have to write a statement, the form of which will practically not differ from the standard one. There is no need to specify for what period rest days are provided.

APPLICATION FOR UNUSED LEAVE: SAMPLE

POSSIBLE PROBLEMS WHEN COMPLETING THE APPLICATION

Although it is not difficult to create this document, most employees still make mistakes in it. To eliminate such unpleasant situations, personnel officers are advised to have a ready-made sample application for unused leave, prepared in accordance with the requirements listed above. Each employee planning to go on vacation will have to carefully read the rules for drawing up this document and scrupulously follow them.

ARE UNUSED LEAVES BENEFITABLE FOR THE EMPLOYER?

Every company has irreplaceable employees who almost never go on vacation. For a number of reasons, they do not have time to take off their allotted days, and unused vacations accumulate. It turns out that this state of affairs does not suit many employers. There are several reasons for this:

• When inspected by the labor inspectorate, its specialists will probably ask why the company’s employees do not exercise their right to annual rest. And failure to comply with the requirements of the Labor Code of the Russian Federation for the employer is fraught with the issuance of orders and the accrual of fines.
• In the event of dismissal of an employee who has not taken leave for a long time, the amount of compensation due to him will be quite large. This may have a negative impact on the company's spending budget.
• An employee who has accumulated a large amount of vacation arrears may suddenly decide to exercise his right to vacation and insist that he wants to take some time off immediately. In this case, the company may not have time to fulfill all legal requirements, namely: timely notify the employee about the start of the vacation and pay him the due amount.

To avoid claims from inspection bodies, employers offer employees various ways repayment of holiday debts.

The simplest and most beneficial option for all parties is to take unused vacation from previous years in full or in parts. In this case, the employee uses his right to rest and receives the amount due to him, and the company will liquidate the resulting debt.

It’s worse when the employer uses his right to reschedule vacation, citing production needs, and strongly recommends that the employee regularly write applications for short vacations that fall on weekends or holidays. In such a situation, the employee actually loses his allotted rest days, since he would not have worked on Saturday and Sunday anyway. In addition, the decision to take a vacation is often made on the eve of the weekend, and the accounting service does not have time to pay the employee vacation pay on time.

In this case, the employee is forced to write in the application that he does not object to the transfer of money to a more late dates. Few people know that the presence of this inscription does not relieve the employer of the obligation to calculate and pay compensation to the employee for delayed vacation pay. In practice, this legal requirement is ignored, which is fraught with negative consequences for both parties: the employee does not receive enough money, and the company risks being accused of committing an administrative offense.

WHAT HAPPENS TO MISSING LEAVE WHEN YOU ARE FIRED

At the time of dismissal, most employees usually have several days of unpaid vacation. The company has the right to repay the resulting debt in two ways:

1. pay the employee monetary compensation for all days of unused vacation;
2. send the employee on annual paid leave for the number of days he is entitled to, and then fire him.

The right to choose one or another method of compensation belongs to the employee. The employer cannot force him to prefer any particular option.

Read with this too.

In our country, there are often cases when an employer, for various reasons, refuses to allow an employee to go on vacation. In this regard, the topic of unused vacations worries many people. In this article we will tell you whether unused vacation expires and what compensation the employee is entitled to.

Do unused vacation days expire?

First of all, in this situation, you should understand whether unused vacation days can be burned. The Labor Code establishes that every worker in our country is entitled to a vacation of 28 calendar days during the year. This is the so-called main vacation. There is also the concept of additional leave for some professions and regions.

By law, vacation must be used within a year. If desired, it can be divided into parts, the main thing is that at least one of them is not less than fourteen calendar days. If for some reason it is not possible to take a vacation, it should be rescheduled for another period. But it must be used no later than 12 months after the end of the period for which it is issued.

At the same time, there must be compelling reasons for such a transfer, which are enshrined in the Labor Code.

All reasons for postponing vacation can be divided into those initiated by the employee and those initiated by the employer. For ease of consideration, they are listed in the table below.

Reasons initiated by the employee	Reasons initiated by the employer
Personal extenuating circumstances. Management decides how respectful they are.	An urgent job has appeared that no one except an employee going on vacation can complete
Disease	Updating production technologies
	Business trip that cannot be rescheduled
	Company reorganization
	Temporary incapacity for work of a manager, if the employee in this case is assigned his duties
	Unscheduled inspection of the organization from the outside government agencies and higher divisions, if the participation of a vacationer is required in them

In all the above cases, the vacation is transferred to another period. In this case, not a single unused day is lost. In the current year, you can use vacation days that have remained untaken during the previous 18 months.

Compensation for unused vacation

We found out that unused vacation days do not disappear and are not burned. However, they cannot be accumulated in accordance with the law. The Labor Code establishes that the employer does not have the right to refuse to provide an employee with leave. Such a violation may result in a fine of 50 thousand rubles.

Previously, the employee had the right not to go on vacation, but to receive compensation in cash equivalent. Since 2011, Russia has joined the International Convention, which regulates the provision of vacations. Now it is impossible to receive compensation instead of the main days. In addition, you cannot postpone your vacation for more than two years.

It is not beneficial for company management to allow employees to accumulate unused vacation days. There are several explanations for this:

• problems may arise during inspection by the labor inspectorate;
• There are options when the employee will have to pay compensation; the more such days accumulate, the greater the company’s expenses will be.

In practice, many employers want to reduce the number of vacation days due to the employee, not allowing him to rest. To this end, they use several techniques:

1. when giving an employee a vacation, it is issued from Friday (that is, legal days off are added to the number of vacation days);
2. without allowing the employee to take a well-deserved rest, he is asked to write an application for leave on weekends;
3. the employee is given leave, but in fact he continues to work.

All of the above options cannot be called effective. On the one hand, management convinces employees that in these cases they can receive two payments at the same time - wages and vacation pay. On the other hand, by agreeing to such offers, the employee loses his legal right to rest. However, there are several legal ways to spend all unused vacation days while serving in a particular organization.

Compensation for employee upon dismissal

If an employee decides to quit, if he has unused vacation, he has the right:

1. Write an application for leave with subsequent dismissal. At the same time, he will not have to work the required two weeks if the unused vacation exceeds 14 days. Or reduce the working period by the available number of unused rest days. Read also the article: → “”.
2. Receive monetary compensation for all days of unused vacation.

Calculation of the number of unused vacation days and an example of their use upon dismissal

To calculate the number of unused vacation days, it is carried out according to a certain algorithm, which is presented in the table

Step No.	Calculated indicator	Calculation features
1	Number of months worked in the organization	If the number of days in an incomplete month is less than fifteen, they should be discarded. If more than 15, one month should be added.
2	How many days of vacation is an employee entitled to for time worked?	The number of months obtained as a result of the calculation at the first stage is multiplied by the coefficient of the number of vacation days due per month (28 / 12)
3	Determines how many days the employee spent on vacation	Calculated based on the vacation order
4	Number of unused vacation days	Defined as the difference between the results of points 2 and 3

Let's assume that the employee joined the company on July 14, 2014. On February 6, 2017, he resigns at will. During the period of work, he was on vacation 3 times for 14 days. Counting seniority in this company, we find that the employee worked for 30 months and 23 days. The number of days in an incomplete month exceeds 15, so we add a month to the length of service and get 31.

• For 31 months, the following number of vacation days is due:

28 / 12 * 31 = 72.33 days

• Time off was: 14 * 3 = 42 days
• Remained unused 72.33 – 42 = 30.33 days

If an employee writes an application for leave with subsequent dismissal, he will be paid vacation pay for 14 days, and compensation for the remaining 16.33 days.

Compensation for unused vacation when going on maternity leave

There are no fundamental differences in relation to pregnant employees: it is impossible to receive compensation for unused vacation days. However, the employer does not have the right to deprive them of the right to go on vacation. In this regard, there are several options for registering unused vacation, which are presented in the table.

Option No.	Name	Description
1	Adding unused days to sick leave	A woman goes on sick leave for pregnancy and childbirth earlier, having written an application for leave for an unused number of days
2	Extend maternity leave	A woman returns from maternity leave later for as many days as she did not take off on her allotted vacation.
3	Receiving vacation in advance	Some companies allow women to use vacation in advance for periods when she will be on maternity leave and go on sick leave that number of days earlier

Application for vacation days not taken off

To use vacation days remaining from previous periods, the employee must write a corresponding application. In essence, it is no different from a standard application for regular leave and is drawn up according to the following rules:

1. The application is drawn up on an A4 sheet of paper.
2. Traditionally, such documents are written by hand. Some organizations allow text to be formatted on a computer, followed by printing and signing.
3. The header is written approximately in the last third of the sheet. It indicates the position of the person to whom the application is sent, the name of the organization, the surname and initials of the addressee. Next, you should write a statement from whom in the form of the phrase: “from position, surname and initials in the genitive case.”
4. The name of the document (application) is indicated with a capital letter on the red line. There is no period at the end.
5. Again, a clear request is drawn up from the red line - I ask for leave from such and such a date lasting so many days. Some organizations additionally ask you to indicate for what period the requested leave is due. Therefore, it is best to clarify this point with the accounting department or human resources department.
6. At the bottom is the employee’s signature and its transcript, as well as the date the application was drawn up. Read also the article: → “”.

In principle, there is nothing difficult in writing an application. But it is always better to clarify what text should be written in it, because in some rules it is clearly established.

Difficulties with paying compensation for unused vacation

Until now, many employees, not knowing that the legislation regarding vacations has changed, do not want to go on another vacation. This is especially true for those who have quite complex financial situation. Such people expect their employer to pay them compensation. As a result, workers are often left with nothing.

Judicial practice shows that employers often take advantage of employee ignorance to save money. The fact is that the law establishes the right to postpone vacation no further than 18 months and only on the basis of valid reasons. If dismissal occurs after this period, even the court in some cases does not help achieve compensation.

It is legally established that an employee whose rights have been violated must file a corresponding application with the court no later than three months. Naturally, employees who continue to work for the company do this extremely rarely. As a result, upon dismissal, they are faced with a refusal to pay the compensation they are entitled to. Having gone to court, they find out that the statute of limitations has long expired, and it is unlikely that anything can be done.

FAQ

The topic of unused vacations seems to be quite extensive and complex. This leads to a huge number of questions. We will try to answer the most common ones below.

It is legally established that the employer is obliged to provide vacation to its employees. Therefore, without dismissal, it will not be possible to receive monetary compensation for the main part of it. Additional vacation days are another matter. At the request of the employee, they can be replaced with a cash payment. However, for several categories of citizens similar right is not provided, they must rest in full. These include:

• employees who are under eighteen years of age;
• pregnant women;
• employees engaged in hazardous work.

Question No. 2. The employee is accepted on condition probationary period during three months. However, after two years he quit. Is he entitled to compensation for unused vacation?

The law does not establish any specifics for providing leave to employees who are on a probationary period. Therefore, if such an employee is dismissed (whether at his own request or due to non-compliance with the company’s requirements), he is entitled to be paid appropriate compensation.

Thus, the procedure for providing unused vacation days is clearly regulated in Russian legislation. The employee must clearly understand his rights so as not to end up with nothing. In case of violation of rights by the employer, the court must be filed within three months, otherwise it will be impossible to change the situation.

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Deputy head of Rostrud Ivan Shklovets answers hot questions about workers’ rights

ONE PART OF VACATION - NOT LESS THAN 14 DAYS

“After we signed the vacation convention this summer, the HR department told us that accumulated vacations should be taken off as soon as possible, and starting next year there should be no unused vacation days at all!” - says KP reader Ekaterina and asks for a precise answer: what will now happen to the vacations accumulated earlier and will unused vacation days begin to burn out?

I would like to immediately reassure Ekaterina and everyone who is in an employment relationship: the ratification of the International Holiday Convention has absolutely no adverse consequences for workers, - first of all, the deputy head of the Federal Service for Labor and Employment (Rostrud) Ivan Shklovets is pleased and competently explains: - Everything accrued vacations are retained and are in no case lost.

At the same time, the convention, like the Russian Labor Code, determines the periods during which accumulated vacations must be used. This is, first of all, a strict requirement for employers: they are obliged to ensure that employees get no less than the required amount of rest and that if vacation is not used in the current year, it must be taken off within 12 months after the end of the working year for which it was due.

In general, from January 2011, the controlling and supervisory body - the State Labor Inspectorate - will be more closely monitoring that organizations send their employees on full rest - 28 days during the year, and the accumulation of vacations is kept to a minimum: strictly according to the law, this only allowed if production needs(when an employee going on vacation “may adversely affect the normal course of work of the organization”).

By the way, those who like to save vacations and take 4 - 5 times a year for 5 days (plus weekends - it turns out to be a week), should keep in mind that now employers will more strictly adhere to the rule: at least one part of the vacation must be no less than 14 calendar days.

“I WANT EVERYTHING AT ONCE”

Igor had already accumulated 60 days of vacation, and he became interested in whether, in light of the latest trends, it was possible to take and go on vacation for all two months at once. “I would like to go to Goa from the New Year until the end of winter,” the worker dreamed. What will Rostrud say?

Of course, it is better to resolve such issues in agreement with the employer, advises Ivan Shklovets.

And the following argument will help you achieve such agreement.

The employer should be interested in ensuring that employees take all their accrued vacations as quickly as possible,” notes the deputy head of Rostrud. - Because the presence of unused vacation days means that the employer did not provide its employees with the days of rest required by law in a timely manner and in full. And this is a violation labor legislation and ultimately may become a reason for administrative liability.

It’s clear that in reality you are unlikely to put your own employer before the labor inspectorate, but we hope you can construct your conversation more meaningfully.

WHEN YOU CAN GET COMPENSATION WITHOUT FIRMING

“Is it really the only case when you can get compensation for unused vacation days is dismissal? Maybe there are still some chances? - Alexey asks hopefully.

There is such a case! - confirms Ivan Shklovets. - We are talking about the so-called additional paid leave, which by law is provided to certain categories of workers in addition to the standard 28-day leave.

One of the most common situations in practice is additional three-day leave, which, according to the Labor Code, must be provided annually to employees with irregular working hours.

Please note: we are talking specifically about those cases when such an irregular day is legally fixed, that is, officially provided for by your employment contract. But those who have to stay late at work without any formalities, unfortunately, cannot count on a vacation increase.

By the way, for many it may be a real revelation that according to the current Labor Code, with irregular working hours, the employer is allowed to involve employees in overtime outside normal working hours only EPISODICALLY. That is, no more than several times a month, Rostrud explains. And more frequent shock work is recognized as overtime work, for which a separate additional payment is due.

So, if you meet the conditions necessary to receive an additional three days of rest (see above), then you have the right to count on payment of monetary compensation instead of such leave, but only if the employer agrees with this, emphasizes Ivan Shklovets. It should be borne in mind that the employer has the right to disagree and insist on using vacation “in kind”.

Also do not forget: monetary compensation can only be paid for part of the vacation exceeding 28 calendar days.

WHAT SHINES FOR A YOUNG MOTHER?

“My wife was on maternity leave for up to one and a half years, and a month ago she went to work on a shortened day - 4 hours,” reports Sergei. “Tell me, when will she now be able to get her regular vacation and how many days will she be entitled to: 28 or less?”

To obtain the right to the first paid leave in full (28 calendar days), you need to work continuously for at least six months for this employer, explains Ivan Shklovets.

However, keep in mind: parental leave is not included in the length of service required to provide annual paid leave. At the same time, if during the period of maternity leave the mother goes to work on a part-time basis (the law allows for such a regime to be established at the woman’s request), then this period will already be counted towards the length of service required to grant leave.

Thus, in the situation of Sergei’s wife, if she returned to work only after the end of her maternity leave (and this most often occurs in practice), the period for granting her the next annual paid leave will be determined based on the vacation schedule in the organization. At the same time, by agreement with the employer, it is possible to provide leave in whole or in part at any time that can be agreed upon.