Granting leave without pay. Vacation at your own expense in modern realities

Force majeure in life occurs quite often, which requires additional release from work, and therefore the logical question would be, how can leave without pay affect the next vacation? So, almost every officially employed citizen has the opportunity to receive additional leave without pay, which is enshrined in the Labor Code of the Russian Federation. The main feature of the exemption from work is that the employee does not retain wages. Today we will talk about how the company will pay the funds, how the payment is shifted, and who is entitled to leave without pay.

Vacation at one's own expense is granted on the basis of an application that a citizen must submit before leaving. The procedure is the same as for annual leave. The application form is free, but a certain structure is provided for it. An application for unpaid leave must include the following information:

Full name of the head and applicant;
document's name;
causes and duration.

If there are any documents that can confirm the grounds for going on vacation, then they must be attached to the application. The manager will then review the request. If it is approved, a corresponding order is issued, and amendments are made to the work schedule.

Taking vacation without pay

Exemption from work at the official level without pay is due to certain categories of workers. These include the following citizens:

participants in the Second World War;
people working at the enterprise, but having a pension;
family members of military personnel who died in the course of their duty;
employees who are due to give birth soon or have other reasons for going on vacation;
people with certain disabilities.

Note that the legislation also provides for other reasons for which unpaid leave may be required. For example, in the case of marriage or the funeral of a close relative. An employer may grant time off without pay without pay for a specified period if there is a good reason for doing so. Some categories of citizens can get leave if they need time to prepare and enter a higher educational institution. This includes all employees who have gone to preparatory courses for further admission to the university. Individuals who are required to take university entrance examinations are also eligible to receive work leave. A similar opportunity is also available to those persons who work and at the same time undergo training.

Read also The nuances of sending an employee on vacation if he does not want to

The nuances of accrual are described in the labor legislation of Russia. According to the Labor Code, the calculation is carried out on the basis of the length of service, which includes the time when the employee is on vacation without pay. The peculiarity lies in the fact that this applies only to those periods that do not exceed 14 days. For this reason, we can conclude that going on vacation at your own expense per year for a longer period will affect the duration of the main vacation.

Let's look at the calculation on a specific example. The citizen got a job on September 2, which means that the end of the working period will fall on September 1 of the next year. During this time, a person was on vacation at his own expense for 20 days, and this exceeds the established limits by 6 days. Limit - any period of more than 14 days. Thus, the end of the working year will fall on September 7th. How will funds be allocated in such a situation? For example, an employee was on vacation for 20 days, but wants to take another week off or a little longer.

To begin with, we note that the employer must schedule vacations in advance every year and make an appropriate schedule. Each employee is given a certain time to go on vacation. So, if the schedule was approved by the relevant order, then it must be carried out, and therefore an additional week for the employee must be provided, although this exceeds the established norms.

In practice, if a person remains an employee of a particular enterprise, then leave at his own expense does not affect the main vacation period, but the terms of the working year are shifted, which is reflected in the documents drawn up by the accounting department. Exceeding the norms of unpaid rest can affect the employee in the event that payments are accrued for vacation time that was not used. Suppose, during the time of work at the enterprise, a person exceeded the established norms of unpaid rest by one month. This means that the end of the working year will shift by the specified period, and when calculating payments for unused annual leave, a shorter period will be taken into account.

The Labor Code does not provide for limits on going on vacation without pay. This means that, in theory, an employee can receive rest for any period. As practice shows, actual leave at one's own expense is issued for a time that was agreed between the employer and the employee.

Labor legislation gives every worker the right to paid leave annually. It is mandatory to provide and the manager does not have the right to prevent the employee from resting. Otherwise, the situation is with vacation at your own expense. There are several nuances here. Next, we will analyze in detail whether the employer can refuse leave at his own expense?

Definition of leave at own expense

Vacation at one's own expense is also called vacation without saving. The correct name given in official records is unpaid leave. As the name implies, this holiday is a type of holiday that is not subject to payment.

The employer releases the employee to rest, but wages for this period are not accrued. The salary accrued for the month is reduced in proportion to the working days on which the employee rested, unless he has a piecework form of remuneration. In this case, he is paid the entire amount earned.

When a vacation at one's own expense falls on a weekend, then, accordingly, it does not affect the amount of payment, since the number of working days will remain unchanged.

Vacation types at own expense

There are several types of vacations at your own expense. There are mandatory ones, which the administration of the enterprise cannot refuse to provide without violating human rights, and there are those that the employer can provide by his own decision, but on the condition that the employee expresses a desire to take such leave.

Sending an employee on leave without pay without his consent in the form of a statement is illegal.

Mandatory

The following types of leave are mandatory:

leave for old-age pensioners who continue to work;
leave for disabled employees;
vacation for veterans and combatants;
employees who combine study and work;
employees who work part-time with the employer.
employees due to special family circumstances (birth, marriage, death).

Let us consider in more detail the mechanism for providing these holidays.

In order for the employer not to refuse to grant leave, the employee must indicate in the application what type of leave without pay he wants to receive and provide evidence that he has such a right.

For certain categories of citizens, vacations at their own expense are established by federal laws and have different durations. For example, disabled people can receive up to 60 calendar days of unpaid leave per year, and combatants in Afghanistan can get two weeks.

The vacation period is considered calendar, not working years, that is, from January 01 to December 31. The legislation does not spell out what to do when an employee comes in the middle of the year and wants a vacation. According to established practice, he is given a part proportional to the months worked. For example, if in the current year he works for six months, he will receive half of the required vacation. Such vacations are not carried over to the next year, and if they were not used in the current period, they are automatically canceled. This applies to all types of vacations at your own expense.

If an employee combines work and the educational process, the employer is obliged to provide him with leave at his own expense (unless, of course, he is entitled to paid study leave) in the amount indicated in the certificate - a call from the place of study. All days exceeding this number must be agreed with the administration.

Employees who are part-time workers are provided with leave at their own expense on a mandatory basis only if the leave at the main place of work exceeds the part-time leave. The employee also has the right to ask for part-time leave for the entire period of paid leave from the main employer, if, for example, he just got a part-time job and does not want to take leave in advance. But the provision of leave at one's own expense in this case is already at the discretion of the employer.

An employee can receive up to five calendar days in the event of the birth of a child, marriage registration or death of close relatives.

These holidays are prescribed by law and the employer cannot refuse to grant them to the employee.

Also, it will not be able not to provide leave to employees if the grounds are prescribed in the local regulatory documents of the enterprise.

Very often, the Collective Agreement prescribes the mandatory provision of leave at their own expense to employees with several children under 14, single parents with children under 14, or with disabled children under 18.

Thus, if the right of an employee to receive leave at his own expense is prescribed in general or local legislation, the employer cannot but provide such leave to the employee without violating the Labor Code of the Russian Federation.

Another thing is if the employee wants a number of days in excess of his allowance. In this case, the employer may refuse him.

In agreement with the employer

In all other cases, which are not listed in the previous paragraph, the consent of the administration of the enterprise is required to receive leave at its own expense. If the manager does not agree to grant leave to the employee, then the latter does not have the right to go on it on his own. In this case, it can be counted as absenteeism and, on this basis, dismiss the employee.

Other nuances when taking a vacation at your own expense

When granting leave at your own expense, you need to consider some of the nuances:

in order to keep a record of vacation days prescribed by law for certain categories of employees, in order to track the total amount of days already taken off.
according to the law, if during the year the employee took more than 14 calendar days in total at his own expense, then the vacation period is shifted by this number of days.

Calculation example

Novikov A.A. got a job at Romashka LLC on April 10. Accordingly, the settlement period of annual paid leave will be from April 10 of the current year to April 09 of the next year. In this billing period, he took 19 days off at his own expense. This means that the employee of the personnel department calculates this and automatically shifts the period by 5 days, that is, until April 14th. This means that the next vacation period Novikov A.A. will be calculated from April 15 of the current year to April 14 of the next.

Compulsory leave without pay can be included in the vacation schedule at the request of the employee. In this case, the employee of the personnel department must notify him of the beginning no later than 2 weeks, as is the case with the main vacation.
If an employee who is entitled to mandatory leave at his own expense does not want to use it, the employer does not have the right to force him, unless the leave is included in the vacation schedule.

Thus, we can conclude that the employer is obliged to provide unpaid leave only in cases stipulated by law and in the amount specified for each category of employees.

Moreover, an employee, without the consent of the employer, has the right to take fewer days than he is granted by law. And the employer can refuse the employee the desire to receive more vacation days.

Any person has circumstances when he has to be in another place during working hours.

If you just don’t go to work, then it will be absenteeism, and its consequences can be very sad.

The solution may be to arrange time off at your own expense.

What does the law say?

The first thing an employee should do in this case is to turn to legislative acts, which spell out all his rights and obligations.

In order not to have to turn over stacks of documents or spend hours on the Internet looking for information, in our article we will consider this issue in detail.

Normative base

All relations between an employee and an employer in Russia are regulated by the Labor Law. They also regulate the rest of the employee.

So, according to the Labor Code, you can take a day off in several ways.

The first option is due to the additional rest time provided, which is supposed to:

for processing (Article 152 of the Labor Code stipulates the provision of rest time not less than the time that was worked overtime);
for working off on weekends and holidays (Article 153 of the Labor Code of Russia);
working on a rotational basis - overtime hours during the year can be summed up and provided to an employee in the form of an additional day of inter-shift rest (Article 301 of the Labor Code of the Russian Federation);
for donating blood or its components - the day off is not only the day of donation, but also the next day, which, in turn, can be transferred to any other (Article 186 of the Labor Code of the Russian Federation).

Rest is not provided in advance for these reasons. In addition, such absenteeism is not displayed in the report card.

The second option is for holidays.

Article 125 of the Labor Code states that the annual leave paid by the organization can be divided into parts.

So, an employee, in agreement with the employer, can take one or more days from it on a previously written application.

Option 3 - time off at your own expense. It will be discussed in the following chapters of our article.

Vacation or time off at your own expense?

The concept of "time off" does not currently exist in Russian law. But it has not gone out of use.

In practice, administrative time off is equated to leave without pay and is regulated by Article 128 of the Labor Code of the Russian Federation.

To whom and in what situations?

This leave can be taken for family reasons, as well as for other valid reasons.

Here the employer independently decides to give you an extra day off or not. That is, he may consider the reason disrespectful and not provide time off.

But there are several cases in which the authorities do not have the right to refuse, as well as some categories of citizens.

These situations and persons who must be granted unpaid leave, together with the period for which it is granted, are listed in the table.

The documents listed in the table can be found here:

How is severance pay reimbursed? Read here.

How to take?

It’s impossible to just take it and not go to work, arguing that this is how you took a day off.

This is already a walk. Everything must be documented.

Let's consider the whole process.

How to apply for leave at your own expense?

There is no unified template for such a statement.

If the company has not developed it on its own, then it should be written in free form - the document is written by hand or printed on a printer, it does not matter, the main thing is to put your signature.

The application must indicate the reason for the day off, you can also attach copies of supporting documents or write that they will be provided later.

The signature of the employee himself is not enough.

In order for the day off not to be considered a day off, the document must have a resolution of the head. Therefore, it is worth taking care of its design in advance.

Is an employer's order required?

After the application is signed by the director (general director), the organization issues an order to provide the employee with leave without pay.

This process takes place in several stages:

To begin with, the order must be drawn up and printed.
The head of the organization or a person authorized by him is the first to sign it. So, the signature of the shift supervisor on this document does not carry any semantic load.
Be sure to familiarize the applicant with the text of the order against signature. If he goes on vacation before the issuance of the order, this will violate labor laws.

Otherwise, the employer simply will not be able to correctly calculate the length of service that gives the right to annual paid leave (Article 121 of the Labor Code of the Russian Federation).

Is there a time off for a business trip? Find out here.

How to put paid time off in the report card? See here.

Number of days and delivery time

The period for which this rest time is given, the employee and the employer agree on an individual basis.

The legislation in commercial organizations does not limit the number of days, so you can take a day off for one day or for a longer time. But for state civil and municipal employees, leave at their own expense cannot exceed one year.

But here the question arises - how many vacation days can you take without pay per year, so that this does not affect the length of service, which affects the annual paid vacation?

The limit is set at 14 days.

But that doesn't mean you can't take more days off. It's just that the employee will go on paid leave later.

Let's look at this with a simple example.

Employee of JSC "Filin" Kurochkin F.V. has been with the organization since December 1, 2014. In 2017, he went on unpaid leave several times for good reasons:

Let us determine when Kurochkin is entitled to annual leave payable.

To begin with, we calculate the number of days that were provided in the form of leave without pay to the employee for the year: 6 + 13 + 4 \u003d 23 days.

Thus, the excess is 23–14=9 days.

Can it be done retroactively?

"Backdating" orders cannot be made.

According to the law, the employee does not have the right to go on vacation without the permission of the head. The latter endorses the application, after which an order is issued on its basis. Otherwise, the day off will be considered absenteeism.

And for absenteeism, an employee can be not only fined, but also dismissed.

What do you do if you don't get time off?

And he can legally refuse if the reason seems disrespectful to him.

To increase your likelihood of approval, you can use the following tips:

In practice, time off is often denied due to the fact that there is no one to replace the absent employee. In such cases, you can agree in advance with one of your colleagues that he will replace you for this time.
You can also do most or all of your work ahead of time (if possible).
You can agree with your superiors that you will do the work for the days of your absence later.
If you take time off to go to the doctor or to sit with a sick child, then you can not take time off, but simply then bring a certificate from a doctor (for example, from a dentist) or a sick leave. But management still needs to be warned about the circumstances.

Thus, time off at one's own expense can only be granted with the permission of the employer.

The exceptions are several situations and categories of citizens. But in any case, documenting before leaving for this weekend is mandatory.

Leave at your own expense

The concept of “time off” is not provided for in the law regulating labor relations at an enterprise or organization. The law allows citizens to take a vacation at their own expense, in accordance with Article 128 of the Labor Code of the Russian Federation. The number of days that are taken as part of unpaid leave (at their own expense) within 12 months is also regulated.

How to take time off at your own expense

An employee of the organization writes a statement, and his boss issues an order for time off at his own expense. Days are granted for reasons that are recognized as valid. Norm 128 of the Labor Code of the Russian Federation does not give an exhaustive list of life circumstances in which time off is provided to an employee of an enterprise or company.

Reasons for taking time off

Usually the reason why a citizen asks for time off is considered by the employer. Valid reasons are:

death of relatives;
wedding;
illness of relatives, etc.

Only for these reasons, a citizen has the right to issue a day off. This leave may be granted to a citizen in an amount not exceeding 14 days in 12 months. Exceptions to the general rules are certain categories of persons, for example, persons with disabilities. They have the right to demand from the employer 60 days off for a good reason. In addition, the employer does not have the right to refuse to grant leave at his own expense in the following cases:

In the event of the birth of a child;
In the event of the death of a relative;
In case of marriage registration.

Time off in these situations is guaranteed and fixed for a period of 5 days.

In other cases, even if the reasons stated by the employee in the application seem valid to him, the employer may refuse. Various factors influence the decision of the employer to refuse:

indispensability of the employee;
vacation period;
little work experience;
probation;
repeated registration of an additional type of vacation;
violations of discipline;
the need for a production nature;
attitude towards the employee: the reputation of the employee, his qualifications, etc.

Other situations for granting leave at your own expense

The law guarantees the provision of unpaid leave during the entrance examinations to educational institutions up to 15 days. This is evidenced by article 173 of the Labor Code of the Russian Federation. Students of courses in educational institutions, employees who study at universities, and other persons are granted leave of up to 15 days to defend their thesis. In addition, members of the election commission or authorized persons are entitled to this type of leave - from the day of the beginning and until the end of the elections, the wives of military personnel during the leave of the second half.

An application for time off is addressed to the CEO of the company (organization) two weeks before the date of receipt of the required time off. If the vacation is issued in a hurry, it was not planned earlier, then due to good reasons for its occurrence and the need for it, the employer can be warned 24 hours in advance. The employer’s consent must be on the application submitted by the employee. Based on the application, the employer issues a decree. His form is T-2. It is strictly unified.

Leave without pay, the duration of which exceeds 14 days, is not included in the total length of service of the employee for registration of the next type of leave, as well as for the purpose of applying for a pension ahead of schedule.

Leave application at own expense

How to write an application for time off at your own expense for one day on account of vacation under the Labor Code of the Russian Federation. Day off for family reasons, for funerals, for previously worked time

From time to time there is an urgent need to take an extraordinary day off or take time off from work. At the same time, absence from the workplace, not documented, is considered absenteeism. This article discusses in detail the current problems and controversial issues relating to such a thing as "time off". After reading the contents of this article, you will be well aware of your rights and will be able to apply them in practice.

Time off according to the Labor Code of the Russian Federation

The legislation of the Russian Federation, in particular, the Labor Code (Labor Code of the Russian Federation) does not contain the concept of "time off". This term can rather be attributed to the colloquial, which in a broad sense means the absence of an employee in the workplace, which is to be worked out or has already been worked out. Despite the fact that the term "time off" does not occur in legislative and regulatory acts, the Labor Code of the Russian Federation reveals a similar concept in Art. 153, which implies that, at the will of the employee, he may be given time to rest on another working day, instead of an already worked day off.

The concept of "time off" also means a day of rest "on account" of the annual leave, or leave without maintenance for 1 day.

Art. 106-107 of the Labor Code of the Russian Federation contain information that vacation is one of the types of rest time, expressed in days or hours, when the employee is completely relieved of his labor duties.

According to Art. 128 of the Labor Code of the Russian Federation for family reasons and other good reasons, an employee, by his personal written declaration of will, may be granted unpaid leave for a period of time determined by mutual agreement between the boss and the employee.

How to write a leave application

It is not difficult to draw up a leave application document. It does not provide for special forms, but has a standard form, regardless of the grounds and reasons for its writing. When making an application, you should adhere to the following rules:

You should start writing a statement with a “cap” located in the upper right corner of the sheet. It contains information about the addressee (position and full name, in the dative case) and about the applicant (position and full name, in the genitive case).
Next in the center is the word "statement"
Then follows the text of the application, indicating the date (time) and the reason for the day off.
The application ends with the date of the document, a personal signature with its transcript.

1. In the appeal, you must indicate good, valid reasons that prompted you to take a vacation at your own expense. It would be useful to attach photocopies of the available documents to the application as confirmation of the authenticity of the reason (certificate of marriage, birth of a child, death of a relative, etc.).

2. Time off is considered legal only after the written approval of management. Otherwise, failure to appear at work will be recognized as absenteeism, and may be a reason for dismissal.

3. The conditions for granting time off are usually contained in the employment contract. If there are no such clauses in the contract, the employer has the right to make a decision at its discretion, including refusing to provide the employee with time off for reasons of urgency of work, lack of replacement, and also for other subjective reasons. The exception is certain legally stipulated cases when the employer does not have the right to refuse an employee an extraordinary day of vacation. You will learn about such cases later in this article.

4. A logical conclusion from the previous paragraph: an application for time off must be written in advance (3-5 days in advance), and never retroactively.

Examples of applications for time off for various reasons

The basic form of a sample application for time off is as follows.

General Director of Pulse-MS LLC

from the machine operator of the convector shop

Leave application

I ask you to grant me leave without pay on 05/05/2017 due to the urgent need to visit a veterinarian.

Sample application for time off at your own expense for one day

“I ask you to grant me leave without pay for 1 working day - 05/15/2016 - due to the urgent need to be present in the apartment at the place of residence during the urgent repair of the heating system."

An application for time off without saving earnings can be written at any time (3-5 days before the required date). It is impossible to predict whether the employer will sign the application or refuse to provide time off. Many factors influence the granting or denial of unpaid leave: from the weight and validity of the reason for the day off, to the personal attitude of the boss to a particular employee, his substitutability / irreplaceability, and so on.

At the same time, you need to know your rights well, defend your interests and demand the provision of time off in situations that guarantee time off by law.

1 day leave application

“I ask you to amend the established vacation schedule and provide me with annual paid leave from August 15 to August 16, 2016 for 2 calendar days.”

When it becomes necessary to take a day off, and you don’t want to take a day off at your own expense and lose money, the most preferable is a day off on account of a vacation. The number of days off in this case can be any, with one restriction: the main part of the annual leave should not be less than 14 days.

Important: annual paid leave is paid at least 3 days before it starts, so you should write an application at least 3-4 days before the scheduled time off so that the accounting department can calculate vacation pay in a timely manner.

Time off for work on a day off

“I ask you to grant me a day of rest on June 23, 2017 for working on a day off on June 12, 2017.”

According to part 1 of article 113 of the Labor Code of the Russian Federation, work on holidays and weekends is prohibited. Nevertheless, the employer can involve a citizen (with his consent) to work on a day off, if necessary, to perform important, urgent work, on which the full functioning of the company depends.

Art. 153 of the Labor Code of the Russian Federation provides for double pay for work on weekends. In addition, at the will of an employee who worked on a day off, he may be granted a day of rest. This day of rest, specified in the law, the employee can use as a day off by writing an appropriate application, and the work performed by him on the day off will be paid in the standard - single - amount.

Important: regardless of the number of hours of work on the weekend, the employee has the right to a full (full) day of rest.

Application for leave for family reasons

“I ask you to grant me leave without pay from 06/14/2016 to 06/15/2016 for family reasons (due to the urgent need to accompany a minor child on a trip to a hospital in Moscow)”

Day off for family reasons, for up to 5 days, it is possible to issue:

at the birth of a child;
in case of marriage;
in the event of the death of a close relative.

Some workers believe that these days are paid. It's a delusion. However, the collective agreement may provide for lump-sum payments under the above circumstances or material assistance (at the discretion of management).

In addition, employees who have a continuous length of service at their place of work exceeding 6 months may take days off or hours off for other reasons that can be attributed to the wording: “for family reasons”. Workers who have not worked for 6 months are not entitled to this (at the discretion of the management), except for the 3rd category of persons:

pregnant women;
parents of children up to 3 months;
minors.

Leave for previously worked time

"I ask you to give me a day off - 07/05/2017, for the previously worked time - 01/01/2017."

Time off for previously worked hours may be provided to the employee at his request, as an alternative to monetary compensation for hours already worked.

Time off for overtime

“I ask you to grant me leave on 09/13/2017 for the time worked in excess of the norm on 07/08/2017.”

Overtime work (overtime) has the same legal nature as work on holidays and weekends. By virtue of Art. 152 of the Labor Code of the Russian Federation, at the written request of the employee, instead of double payment, it can be compensated by providing a day off for a time not less than worked overtime, and overtime hours are paid in a single amount.

Application for leave for a few hours

“I ask you to grant me leave without pay on 07/14/2017 from 15-00 to 17-00, for family reasons”

The Labor Code of the Russian Federation does not establish a minimum threshold for the duration of time off, which means that, by mutual agreement between the employer and the employee, the latter can be granted even a day off for several hours.

Time off for a funeral according to the Labor Code of the Russian Federation

“I ask you to grant me leave without pay from 02/01/2017 to 02/05/2017 due to the death of my sister”

In accordance with Art. 128 of the Labor Code of the Russian Federation, in the event of the death of a close relative (children, brothers, parents, sisters, grandfathers, grandmothers, grandchildren), an employee can count on unpaid leave for a period not exceeding 5 calendar days. If this time is not enough, it can be extended up to 14 days.

Can they refuse to take time off at their own expense?

The Labor Code of the Russian Federation provides guarantees of the right to leave without pay for up to 5 days in a row to citizens belonging to certain categories, and also determines the total number of days off provided per year. For example:

For participants of the Great Patriotic War - up to 35 days.
For working pensioners - up to 14 days
For working disabled people - up to 60 days.
For parents and spouses of dead or injured servicemen - up to 14 days.
For employees who take entrance exams to the university - 15 days.

The Labor Code of the Russian Federation provides guarantees of the right to time off when an employee encounters certain life situations, such as:

marriage;
birth of a child;
death of relatives;
donation of blood (1 day off - on the same day).

Other "legitimate reasons" to take the day off

Each officially working citizen is given the legal right to rest for the hours worked, hours worked, on account of annual leave, and so on, it is enough to correctly draw up (submit) an application for time off and, if necessary, coordinate with the management the specific dates of rest days.

The material was prepared by order of the law firm "Dominium"

Leave at your own expense. Cases of mandatory submission of time off

Time off at his own expense is provided to the employee only after agreeing this issue with the head. In cases provided for by law, the superior cannot refuse such a request to a subordinate. This norm is fixed in the labor code. In addition, a citizen has the right to ask the head for time off at his own expense if he carried out official activities outside of working hours.

Coordination with the manager

In order to get an unscheduled day off, you need to contact your boss with this question. If the subordinate has a good relationship with the manager, and he does not let him down in the line of duty, then the employer will always meet such an employee. In this case, it is necessary to draw up an application for time off at your own expense and submit it to the boss. Then wait for the decision of the latter.

In some cases, provided for by law, the boss must provide the employee with an unscheduled day off, for example, for performing official activities outside of working hours. In addition, some subordinates are entitled to additional unpaid leave. These include:

working pensioners;
war veterans;
wives and parents of the dead military, law enforcement officers, fire service;
invalids.

You can also take time off at your own expense in case of official registration of family relations, the appearance of a baby, the death of loved ones. In all other cases, this issue is resolved directly with the head. At the same time, you need to draw up an application and indicate in it a good reason why the person wants to get time off at his own expense.

Registration

In order to receive an unscheduled day off without saving income, you need to prepare an application and submit it to your boss. You can draw up this document yourself or take a ready-made form in the personnel department of the organization. An application for leave at your own expense is filled out as follows:

Director __________ (name of institution)

___________________ (surname and initials)

from subordinate ____________________________

I ask you to provide an additional day of rest (indicate the number) without saving the average income, in connection with the registration of marital relations.

Citizen's signature ____________ (decoding)

Also, an application for time off at your own expense can be written without indicating a legal basis. In this case, you will need to obtain the consent of the head.

Head of department _______________________

______________________(surname and initials)

from employee ______________________________

I ask you to give me a day without saving income due to family circumstances (it is best to write about them in full).

Signature of subordinate _________

In this case, time off is granted at the discretion of the manager.

For hours worked

At enterprises, situations very often occur when a citizen is involved in the performance of official duties outside of working hours, which must be supported by an order. Based on this document, the employee will be able to demand from the manager in the future to provide another day off. If the boss refuses this request to a subordinate, then this will be a serious violation of labor laws.

Vacation leave

Sometimes there are situations in life when an employee just needs to take an extra day off to solve his personal problems and at the same time keep his earnings for the missed time. In this case, you need to draw up an application for time off on account of the vacation. There is no sample of it in the legislation, so a citizen can prepare it on his own or take a form from the personnel department. Here it is necessary to note the fact that persons who have been working in the organization for at least six months have such a right. Such a statement is made as follows:

Director ____________________ (company name)

_______________________________ (surname and initials)

from employee ___________________ ( surname and initials)

I ask you to grant me one day on account of the main vacation.

Signature of the subordinate ____________ (explanation)

After writing the application, it must be handed over to the head for signature and wait for his decision. If it is positive, then with this document you will need to go to the personnel department, where the specialist will draw up the appropriate order. And only after that you can count on an additional day of rest.

Valid Circumstances

Days without saving earnings are provided to employees only upon agreement of this issue with the head of the enterprise. But what to do if the reason is good, but the boss does not let you go from work? In this case, TK comes to the rescue. It states that the head is obliged to provide leave without pay in the following cases:

In this case, its duration is up to five days. Therefore, in such situations, it is necessary to prepare an application. In it, as a basis, article 128 of the Labor Code must be prescribed. This is necessary in order to get a day off at your own expense. A sample application is provided below:

Head of department __________________

_________________ (surname and initials)

from employee ________________________

Please provide me with a day off with income deduction in connection with the appearance of the baby ________ (specify the date).

I will provide a copy of the birth certificate of the child after receiving it.

How to fill out

Even if a citizen only needs a couple of hours to visit a doctor in a clinic, he still needs to arrange a day off in writing at his own expense. The sample application is as follows:

Head of department _______________________________

____________________________ (surname and initials)

from subordinate ______________ (surname and initials)

I ask you to give me a day off with deduction of earnings due to the fact that I need to go to see a doctor at a polyclinic.

We reviewed the sample application for time off. We hope the information was useful to you.

Leave at your own expense

Time off at one's own expense in the public sense means the permission of the employer to allow the employee to miss a working day without pay. But does such a concept exist in the legislation?

In the Labor Code of Russia, the word day off does not exist. There is the concept of additional leave, which can be provided for a number of reasons without pay (unpaid leave). These may be the employee's good cause, family circumstances, or the employer's obligation to compensate, for example, for overtime worked.

Rest needed

Additional rest can be provided to the employee:

for previously worked overtime instead of pay;
according to personal desire, demand.

The latter wording may be satisfied by the employer, but may be refused. A day off on account of a vacation of the future or partially used cannot be considered a day off at one's own expense.

word of law

If employees are delayed at the workplace at their own request, the employer has the right not to provide time off at the time specified by the employee. Therefore, any order to work overtime or on weekends and holidays should be made in writing by the authorities with advance notification with an order under the signature. This provision is regulated by the Letter of Rostrud 10.03.08 No. 658.6.0.

In the case of officially registered processing overtime, on holidays or on weekends, the employee can choose on his own whether he wants to receive the legally required payment of at least 1.5-2 times the normal rate or replace it with an additional day of rest. This is regulated by Art. 152 TKRF.

Additional rest may be granted according to the number of overtime hours worked excessively, that is, for a day, several days or for part-time work. And when working on weekends and holidays, the employee has the right to an unpaid day of rest during working hours and to a single payment for the hours actually worked under Art. 153 of the Labor Code.

In this option, the day off will take place in the time sheet as a simple day.

Moreover, in the same article it is stipulated that the day is provided to the employee, regardless of whether he worked full time on a weekend or just a few hours.

Compulsory rest is also required for donors, which is regulated by Article 186 of the Labor Code. The remaining options for obtaining time off are not mandatory for the employer, except for the reasons recognized by law as valid and specified in the collective agreement. By decision of the employee, donor days can be added to the vacation, that is, he has the right to increase the vacation, and it is absolutely legal.

good reasons

There are only three good reasons for taking time off at your own expense according to the law.

death of a close relative (parents, children, spouses);
own wedding;
the birth of a child (for the father).

In other cases, if the trade union has not taken care of satisfying other reasons, the employer may refuse.

Usually, at large enterprises, the following good reasons for time off are included in the collective agreement:

kids wedding,
death of any relative
September 1st for parents of a first-grader, etc.

The decision of the head to refuse additional rest may be affected by:

the indispensability of the employee in his workplace,
reporting period,
a short period of work, being on a probationary period,
frequent arrangement of additional rest,
disciplinary violations,
by necessity,
personal attitude towards the employee, his reputation at work, etc.

Dismissing an employee to reduce staff is a lengthy procedure. Read more in the article.

Holidays and work experience

By law, an employee can only take 14 days off per year at will. The employer, for a legitimate good reason, must provide up to 5 leave at the request of the employee. All time off in excess of the two-week limit will be deducted from the total length of service when calculating the pension.

From this point of view, it is more profitable to take time off for the extra time worked, the main thing is to formalize it.

You can foresee such a situation in advance, and leave your vacation a couple of days earlier by agreement with your superiors in order to have them in stock. In these cases, additional days of rest will not be visible to the report card, and therefore will not reduce the statutory limit.

We arrange a vacation at our own expense

A day off or additional rest according to the Labor Code is issued by prior agreement of the parties and at the personal request of the employee. But there are some nuances here. An application can be made in several ways. Moreover, according to the legislation, in some situations the employer has full carte blanche, and in some his actions are strictly limited by the law.

A day off not formalized in advance, even if taken for legitimate reasons, is considered absenteeism.

And therefore, he qualifies as a reason for dismissal.

Duration for different categories of workers

Holidays at your own expense can also be included in time off at your own expense. For some categories of employees, it is required to be provided upon application. This is stipulated in the Labor Code.

There are certain standards that cannot be exceeded:

pensioners by age (women from 55, men from 60) are entitled to 14 days in the year of unpaid additional rest;
participants in the Great Patriotic War for a period not exceeding 35 days;
Disability pensioners are entitled to the largest 60-day vacation without pay;
full-time students during the session, practice, writing a diploma for a period of 15 days to 4 months;
entering the university, technical schools, vocational schools for the period of passing preparatory courses, passing entrance exams no more than 15 days;
spouses or parents of those killed in the line of duty before 14 days a year;
employees working in difficult conditions in the far north or in conditions equivalent to them;
part-time employees are obliged to provide leave at their own expense for a period that is not overlapped by part-time leave in relation to leave at the main place of work.

Statement

For small companies where there is no specific form of forms, an application for time off at their own expense is written in the name of the immediate supervisor in free form. For large companies and enterprises, there is a specific form, and the personnel department should have a sample application.

Sample application for time off at own expense: Sample-application-at-own-account

On each application, when signing, the reasons for granting time off must be indicated (on account of future vacation, according to the Labor Code, due to one's own wedding, on account of previously worked time, etc., if the reason for granting time off is regulated by law, then the article of the Labor Code must be indicated - base).

On the basis of the application executed and signed by the head, an order is issued, which indicates the reasons for the day off, the basis for consent. The employee gets acquainted with him under the signature, the order is sent to the employee's personal file.

Decrease in earnings

The procedure for payment and registration of time off can be additionally prescribed in the collective agreement. Leave at your own expense is not paid. In the event that it is provided on account of the days of issued, but not taken off leave, the employer paid it in advance.

In a weekend work situation, as discussed earlier, time off may be taken in lieu of a portion of the double pay for the day off worked. Moreover, if the day off is not fully worked out, then payment is made at the standard rate for the hours actually worked, and the day of additional rest is provided in full (Letter of Rostrud dated 03.07.09 No. 1936.6.1).

It should be borne in mind that the number of days off without pay affects the calculation of the amounts of sick leave, maternity leave, vacation pay, since these days reduce average earnings. Day off is not paid.

The most common example (Figure 1):

The employee worked full time on Sunday at a five-day week. He arranged with his employer for a single pay and compensation day off on the Tuesday following the work day. No payment is made for the sixth day, since this day is equated to a day off, and it is not taken into account for this payment method for the purpose of calculating wages. Moreover, if all the other days were worked out according to the schedule, then the number of working days in the month will not change, since in fact the 4th and 6th days were simply swapped, that is, the employee will not lose in salary, he will receive a day off, just at another time , going towards the employer.

go the other way

Leave without pay can be issued only with the consent of the employee. If such additional rest is initiated by the employer, then it is called downtime, and must be paid in the amount of 2/3 of the salary rate.

If an employee needs a day of additional rest for family or other reasons not described in the Labor Code as mandatory for the employer, and the boss does not objectively or not want to provide it, then there is practically no way out. The situation can be saved by appealing to the higher authorities, but in practice the leader always supports the head of the link. So, if the boss is biased towards the employee for personal reasons or is simply an unfriendly person, then it will not work to do your personal business during working hours - you will have to wait for a legal vacation.

In Russian legislation, in labor relations, of course, there is no concept of time off, but in reality everyone understands what it is about even without legal background. Usually, the interpretation of this concept does not cause controversy. But it is worth remembering that unauthorized time off, without confirmation of the consent of the management, is defined as absenteeism, and therefore, the employee has the right to be fired under the article.

How Cyprus is used in offshore schemes? See here.

The card details for transferring salaries can be provided personally by the employee. Read more in the article.

In the event of a dispute and litigation, only a violation by the employer in the form of a refusal to sign the application will matter in cases where the law stipulates the obligation to provide time off, even if the total number per year exceeds the allowable 14 days. The rest of the cases are entirely under the jurisdiction of the employer, since the Labor Code of the Russian Federation does not regulate the procedure for spending accumulated additional days for certain periods.

It should also be understood that a day off cannot be a bargaining chip in the relationship between an employee and an employer, and it is impossible, having taken a day off, to work it out later (first working off, and only then compensation with additional rest). Restrictions on the total number of days and on a one-time application for time off granted are not established in the legislation.

Even the most inveterate workaholics sometimes find themselves in a situation where work fades into the background. But whatever the circumstances, it is unlikely that anyone will dare to risk losing their job by solving personal problems during office hours. A way out of the situation is provided for by the Labor Code of the Russian Federation - this is the possibility of obtaining leave at your own expense.

Grounds for granting leave without pay

Leave without pay, or, as it is commonly called, without pay, is granted only if the employee has a good reason. Therefore, the relevant application must necessarily contain a reference to specific circumstances that do not allow the employee to be at the workplace for a certain time.

At the same time, deciding whether the reason indicated by the employee is sufficiently valid to grant him leave is entirely the prerogative of the employer, assigned to him by article 128 of the Labor Code of the Russian Federation.

According to established practice, in addition to registering a marriage, the birth of a child or the death of a close relative, the circumstances requiring leave may be recognized as the need to see off a son for military service or sending the child to a place of summer vacation.

Vacation at one's own expense is issued by an order or instruction issued on the basis of the employee's handwritten application. Despite this, the employee may at any time return to the performance of his official duties by notifying his supervisor in writing.

Employer's obligation to provide unpaid leave

Part two does not allow refusal to grant unpaid leave in cases where it is required by parents of underage children, employees holding the title of Hero of the Soviet Union or Russia, as well as full holders of the Orders of Glory or Labor Glory, veterans of military operations and labor.

Students of higher educational institutions who are studying full-time and combining it with work have a legal right to such leave. Few people know, but any employee in case of illness can receive leave at his own expense for a period of three days without providing a certificate of incapacity for work or other medical documents.

Vacation duration

Unlike the Labor Code that was previously in force in Russia, the modern Labor Code of the Russian Federation does not know the concept of "short-term leave without pay." Therefore, today its duration is determined by agreement with the employer. The lower and upper limits of the term are not regulated by law, however, they may be reflected in the local regulations of the enterprise.

The exception is the cases prescribed in part two of Article 128 of the Labor Code of the Russian Federation, which provides for the right of participants in the Great Patriotic War to receive leave at their own expense for up to 35 days in each calendar year of working pensioners, as well as spouses and parents of military personnel and persons equated to them who died in the line of duty call of duty - up to 14 days.

Disabled people, according to the same norm, can count on unpaid leave for 60 days a year, and newly-made parents, newlyweds or employees who have lost a close relative - up to 5 days.

Protects the rights of parents of minor children. So, up to 14 days of unpaid leave at any time during the year, according to the law, are entitled to employees with more than one child under the age of 14 or a minor child with a disability. Single fathers and mothers are entitled to such leave even if they have only one child under 14 years of age.

Heroes of Russia or the Soviet Union, as well as full holders of the Order of Glory, enjoy the right to annual leave without pay for up to three weeks, granted to them by part three of Article 8 of Law No. 4301-1 of 01/15/1993. A similar vacation duration is established for Heroes of Socialist Labor and full holders of the Orders of Labor Glory in accordance with the provision of the second part of Article 6 of Law No. 5 of 01/09/1997.

In what cases can you take a vacation at your own expense?

A vacation at one's own expense is an employee's initiative to take a few unpaid days in order to solve some of their questions or problems. During such a holiday, wages are not accrued, but the workplace is preserved. In addition, if an employee takes less than 14 calendar days a year, then this break does not affect the calculation of his working year for annual leave.

To release or not to release an employee on unpaid leave is the right of the employer, and not his obligation. You can take a few days at your own expense after an agreement is reached with the authorities. But there are cases when the management does not have the right to refuse its employee the registration of several unpaid days.

For example, the Labor Code of the Russian Federation indicates circumstances under which management is obliged to give up to 5 calendar unpaid days. These are cases like:

registration of the marriage of the employee himself;
the birth of a child;
death of a close relative.

To arrange a vacation at your own expense, in the presence of such circumstances, you must write an application addressed to the management and attach supporting documents to it. But since all certificates of a change in civil status are issued a little later after the event, a copy of the supporting document can be brought later. The employer does not have the right to refuse to issue such a vacation for such reasons, but it is better to come up in advance and discuss the dates of the “time off” so that there are no overlaps later.

In addition, there are still categories of employees to whom the employer is obliged to provide several days of rest “at his own expense” during each working year. The Labor Code of the Russian Federation states that you can take these days at any time convenient for the employee, after agreeing your rest with the management. The duration of rest for some categories of citizens is regulated not only by the Labor Code of the Russian Federation, but also by other laws, including federal ones. For example, the Federal Law of January 21, 1995 No. 5-FZ “On Veterans” specifies the duration of unpaid leave for working veterans of all wars.

The categories of employees to whom the employer is obliged to provide unpaid leave at a convenient time for them after agreement with the management are presented in the table below:

	Vacation duration
WWII participants	Up to 35 calendar days per year
Working pensioners (old age)	Up to 14 calendar days per year
Parents and spouses of military personnel who died in the line of duty	Up to 14 calendar days per year
Working disabled people	Up to 60 calendar days per year
Employees who are allowed to take entrance exams to higher education institutions	15 calendar days
Employees who are students of the preparatory departments of universities for the final exams	15 calendar days
To pass the intermediate certification	15 calendar days a year
For writing a dissertation and preparing for final exams	4 months
To pass the final exams in universities	1 month
	Up to 35 calendar days per year

To receive unpaid leave, you must write an application, and attach a document confirming such a right to it. For example, a working pensioner, in order to receive a vacation of up to 14 calendar days per year, must attach a copy of their pension certificate.

Registration of leave without pay

If an employee needed to take a few days at his own expense, he must notify his management about this. The notification is submitted in writing in the form of an application addressed to the head of the structural unit or to the head of the enterprise. The document can be drawn up by hand or fill out a template that is in the personnel department. There is nothing complicated! It is necessary to indicate the period during which the applicant plans to be absent from the workplace and the reason.

The latter does not always need to be specified. If you reach an agreement with your superiors, then the reason can be stated orally, and in the application you can simply ask for a few unpaid days. If the employee is a “beneficiary”, and it is the employer’s responsibility to provide him with such leave, then the reason must be indicated in the application. In addition, documents confirming the benefit must be attached to it.

You need to make sure that the application is accepted for consideration. It is recommended to issue 2 identical applications, one to transfer to the personnel department, and the other to keep. Your copy must be stamped by an employee of the personnel service. The mark should include the date of registration, the number of the incoming document, and the signature of the employee who accepted it.

After that, if there are no objections from the employer, it is necessary to issue an appropriate order. This is done by an employee of the personnel department, and the boss puts the signature. Only after the employee has read the order against signature, he can safely be absent from the workplace, without fear that these days will be counted as absenteeism.

An appropriate entry must also be made in the personal card of the absent employee. This is necessary in order to track whether unpaid leave will affect the length of the working year. This is important to take into account when granting annual paid leave.

These days must also be reflected in the time sheet. It is done like this:

Holidays and weekends are included in this period. This is its main difference from the main paid vacation.

Guarantees for an employee who is on vacation at his own expense

When an employee is actually not at the workplace, the employer does not have the right to fire him. The only exception is the complete liquidation of a legal entity. Therefore, the employer cannot terminate the employment contract at will while his employee is on unpaid leave. If an employee falls ill during such leave, the sick leave will not be paid. An exception is going to work the day before the onset of illness. Then the allowance will be paid in accordance with applicable law, based on the length of service of the employee and his average earnings.

But if during a vacation at her own expense a woman goes on maternity leave, it will be paid in the amount of 100% of her average earnings. In this case, unpaid leave must be interrupted the day before the start of maternity leave.

A woman can spend many months on unpaid leave, and the employer will not have a basis for calculating "maternity" benefits for her. Then payments should be calculated in the amount of 100% of average earnings, of the tariff rate or other material value in which wages are paid at this enterprise.

That is, to dismiss a person who is absent from work for his money, the management does not have the right. Therefore, the job is saved for him. But someone has to perform official duties for the absent worker. As a rule, the authorities draw up a combination to another person and pay him extra for it. As soon as the "vacationer" returns to work, the surcharge will be withdrawn. If an employee is absent from work for several months, then it will be more difficult for the authorities to get out of the situation. Therefore, the issue can be resolved in a different way!

You can take as many unpaid days as you like, but after agreeing with the management. If such leave lasts more than 14 calendar days, this will affect the correct calculation of the working year for granting annual leave.

Can the employer send on vacation at his own expense

No, a vacation at one's own expense is exclusively the good will of the employee himself. The employer does not have the right to send a person to rest and at the same time not pay him a day.

If the employer cannot provide a working process for his workforce, then it will be idle due to the fault of the employer. Management can dismiss employees at home, but these days will be paid. Downtime is paid in the amount of 2/3 of the average salary of each employee.

If the authorities send employees on unpaid leave, this is a violation of rights. Therefore, employees can complain to the labor inspectorate. An inspection of the employer's activities for violations of labor laws will be initiated. If violations are detected, the employer will be held liable in accordance with Art. 5. 27 of the Code of Administrative Offenses of the Russian Federation. The sanction under this article is a fine:

for officials of the organization (head) - a warning or a fine from 1000 to 5000 rubles. If the employer commits such an offense again, this will entail a fine in the amount of 10,000 to 20,000 rubles. or disqualification for a period of one to three years;
for entrepreneurs - a fine from 1000 to 5000 rubles. If the employer commits such an offense again, this will entail a fine in the amount of 10,000 to 20,000 rubles;
for an organization - a fine from 30,000 to 50,000 rubles. Repeated violation entails a fine in the amount of 50,000 to 70,000 rubles.

A complaint can be written to the labor inspectorate or to the prosecutor's office.

Dismissal on vacation at your own expense

The person himself can express a desire to quit at any time, including on vacation, which he took at his own expense. And the employer has no right to fire him. The exception is the complete liquidation of the enterprise. In this case, even pregnant women are subject to dismissal. If the employee decided to quit during unpaid leave, he needs to write a statement and give it to the personnel department. This can be done by visiting the employer personally or by sending an application by mail. Vacation at your own expense will not be interrupted.

The time that the employee will be on unpaid leave will be counted as working off, provided that he will be on vacation for all 2 weeks. If the employee wishes, he can interrupt his vacation and go to work for these 2 weeks. Then the employer, when he makes a full calculation, will have to pay for these 2 weeks.

The procedure for dismissing an employee who is on unpaid leave is no different from the procedure for dismissing an employee who is actually at the workplace:

the employee writes a statement and sends it to the personnel department in an accessible way. It must be ensured that it is properly registered;
based on the application, a dismissal order is issued. This happens closer to the end of the working period. The employee must be familiarized with the order against signature;
on the last working day of the dismissed person, they must fully calculate, give him a work book with a record and other “labor” documents.

There are difficulties with determining the last working day, since the employee does not actually work. When will it be right to hand over all the money and documents?

This must be done on the last day of work. That is, on the actual day of dismissal.

How to book a vacation at your own expense

It should be reflected in personnel documents. All entries are made on the basis of an order to provide a specific employee with several days of rest without payment. But the entry in the time sheet will depend on the basis on which this leave is granted:

if the leave is granted in agreement with the management, then you should mark “TO” or indicate the digital code 16;
if leave is granted in accordance with the norms of the law, then the mark should be “OZ” or digital code 17.

When writing an application for unpaid leave on legal grounds, documents must be attached to the application.

Expert opinion

Paid leave of 28 calendar days is due to an employee for each working year he has worked. Each employee has their own working year. Its beginning coincides with the date the employee was hired by this employer.

For example, Ivanov was hired on January 18, 2018. His first working year is from January 18, 2018 to January 17, 2019, his second is from January 18, 2019 to January 17, 2020, his third is from January 18, 2020 to January 17, 2021, etc. For each of these periods, the employee is entitled to annual paid leave of 28 calendar days.

According to the general rule established by Article 122 of the Labor Code of the Russian Federation, the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.

Watch in Berator

Vacation can be granted at any time of the working year in accordance with the vacation schedule.

The vacation period of an employee (including those employed on a part-time basis) includes all calendar days of the working year, except for days (Article 121 of the Labor Code of the Russian Federation):

leave at their own expense in the part exceeding 14 calendar days of such leave during the working year;
parental leave until the child reaches three years of age;
the absence of an employee at work without good reason;
suspension of an employee from work due to his fault (for example, due to appearing at work in a state of intoxication) (Article 76 of the Labor Code of the Russian Federation).

note

Vacation days without pay are completely excluded from the calculation period when calculating average earnings, regardless of its duration.

The days excluded from the vacation period lengthen the working year.

Suppose that in the first working year, Ivanov did not have exclusion periods. He took a full vacation for the first working year in July 2018. He has the right to count on the next vacation after January 18, 2019 (according to the vacation schedule). According to the schedule, his vacation is scheduled for September 2019. From February 1 to April 30, 2019, in agreement with the administration, Ivanov was on vacation at his own expense. Let's see what the consequences of this fact will lead to.

To calculate the amount of vacation pay, an accountant must:

know the duration of the vacation;
calculate the average daily wage.

As noted above, in accordance with Article 115 of the Labor Code of the Russian Federation, the duration of the main paid leave is 28 calendar days.

The Labor Code does not provide for the provision of incomplete annual paid leave, that is, in proportion to the time worked in a given working year. In this regard, vacation (regardless of the time worked in a year) is provided in full, that is, of a fixed duration.

And the procedure for calculating the average daily wage is regulated by the Regulation on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter - Regulation No. 922), and Article 139 of the Labor Code of the Russian Federation.

Vacation days without pay are completely excluded from the calculation period when calculating average earnings, regardless of its duration. The basis is subparagraph “e” of paragraph 5 of the Regulations on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. The billing period for calculating vacation pay is 12 months preceding going on vacation.

The average daily wage of an employee is considered as follows (Article 139 of the Labor Code of the Russian Federation, clauses 5, 10 of the Regulations):

The number of calendar days in each incompletely worked month is calculated according to the formula (clause 10 of the Regulations on average earnings):

But the scope of Ivanov's working year will shift. Ivanov's second working year is shifted by the entire period of his unpaid leave minus 14 days, that is, by 76 days (29 + 31 + 30 - 14). That is, the date of its end (when Ivanov will receive the right to the next annual leave) will not be on January 17, 2020, but 76 days later.

It will also be important for calculating the days of unused vacation when paying compensation for unused vacation in the event of an employee's dismissal.

Categories

Popular