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

Every worker has the right to rest days, while the worker retains his position and average earnings. This point makes it clear.

Is any employer obliged to provide an employee with annual rest after 6 months after hiring a person?

Yes, the right to leave, which arises for an employee after six months of work in a new place, does not depend on legal form activities of the employer (IP, LLC, OJSC), from the work schedule and the amount of earnings. Leave is granted to all workers without exception, including those.

The employer does not have the right to transfer the employee to another workplace or , as well as depriving him vacation pay. This point is clearly explained in article 114 of the Labor Code of the Russian Federation.

Note! There is some nuance. Only those persons who are formally registered in the company, that is, with a conclusion, have the right to leave. employment contract, a mark in the labor book and other norms provided for Russian legislation, and nothing else.

Agency and civil law contracts do not fix labor relations, therefore, they do not guarantee the provision of leave. These types of contracts should not be confused with an employment contract. In exceptional cases, agency and civil law contracts may be recognized as employment contracts. Accordingly, in this case, they will have all the guarantees that are provided for employees of the Labor Code of the Russian Federation.

How many months after setting up a new place is the annual rest due?

When an employee has the right to write an application for vacation, more precisely, after how many months it can be taken for new job? The first right to rest days arises from the employee after six months worked. That is, after this time, a beginner can safely ask for a vacation. This clearly explains.

What is included in the length of service for accrual?

The seniority begins from the moment when the employee goes to work. If there was a job change and a transition to another organization, the report will start from scratch, respectively. The period of time that was worked out by a person in the previous company will not be taken into account, and will be taken into account in a new place.

It is a very common misconception that after six months, an employee can only ask for two weeks off. This is a delusion and has nothing to do with the law.

However, a request for 28 days of leave may be denied immediately. At the same time, no one will punish the employer. Indeed, in some areas of activity, a long absence of specific employees can adversely affect the work of the organization as a whole. In this situation, you should not go into conflict with the employer, it is better to agree peacefully and come to a common denominator.

Reference. There are enterprises in which a special type of vacation can be used. In this case, all the nuances must be specified in the employment contract.

Settlement with an employee going on vacation must be made three days before the start of the vacation. This clarifies.

The procedure for calculating vacation pay if the employee has worked for six months

So, we examined when and how they give leave at a new job, whether it is possible to take it ahead of schedule or it will be possible to go on vacation only after six months. Summing up, we note that When signing an employment contract, each person must pay attention to its content. After all, the contract may provide for an individual system for providing days of rest after employment and other features regarding when and how leave is granted.

You should always carefully study all documents that are submitted for signature by personnel officers. Otherwise, there is a chance to face unpleasant and unexpected moments associated with the provision of leave.

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

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

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

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

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

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

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

Order of submission

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

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

Required experience

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

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

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

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

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

Vacation period

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

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

Leave before six months

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

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

Categories of workers

You can go on vacation earlier than six months worked:

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

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

Vacation notice

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

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

In both cases last step documentation is the issuance of an order, indicating the timing and order on the calculation of payments.

Order of registration and payment

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

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

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

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

Registration of the vacation schedule and the procedure for granting vacation to new employees

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

This document is drawn up at the firm no later than 2 weeks before the end of the current calendar year. Thus, the last day for its signing, in accordance with Article 123 of the Labor Code of the Russian Federation, is December 17. If there is a trade union body at the enterprise, its opinion must be taken into account when drawing up the vacation schedule. It should also be taken into account that, according to the current rules, the employer is obliged to provide an employee with leave during the summer period at least once in 4 years.

If at the time of execution of this document an employee is working at the enterprise, whose experience has not reached 6 months, then plan the time when you can take a vacation after getting a job should be in the next calendar year, but before the end of the working year of this employee.

In practice, there are situations when an employee uses his right to leave before the appropriate period in accordance with Part 2 of Article 122 of the Labor Code of the Russian Federation. In this case, this should be taken into account in the vacation schedule.

Length of first vacation

When is the first vacation at a new job and how many days does it include? The duration of the employee's first paid rest period depends primarily on when he took it. In accordance with Article 122 of the Labor Code of the Russian Federation, an employee has the right to take a vacation in full only after the expiration of six months from the date of his employment. At the same time, the experience must be continuous.

It should be borne in mind that going on vacation after this period is not mandatory. The employer is given the right to release the employee on full leave, but this is not his obligation. He may well refuse to provide rest days due to production needs.

However, the employee must exercise his right to rest during the first working year. At the same time, the control over the implementation of this norm rests with the employer. He, in accordance with applicable law, is obliged to send the employee on vacation if this reporting period ends. Non-use of vacation by an employee is unacceptable, and if these facts are revealed, it is the employer who will be held responsible.

The worker, for his part, has the right to refuse to go on vacation and ask to compensate him for these days in monetary terms. This issue is resolved by agreement with the employer. But the employee has the right to use this opportunity no more than once every two years. That is, it is unacceptable to refuse to rest for two or more years in a row.

AT general order the duration of the vacation of employees, in accordance with Article 115 of the Labor Code of the Russian Federation, is 28 days. Persons engaged in labor activities have the right to additional days of rest:

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

A citizen has the right to use the earned rest days before the expiration of a six-month period. The employer can give consent to this if he has someone to replace this employee. Granting leave in advance, that is, in a larger amount than the employee actually earned, is possible only after he has worked at the enterprise for six months. Until now, this option has not been available.

At the same time, employers are in no hurry to let their employees go on vacation in advance, since in this case there is a risk that the citizen will not return to work, but will receive vacation pay. From the point of view of legislation, the management of the enterprise has the right to recover from the worker the debt for unworked days. However, in accordance with Article 137 of the Labor Code of the Russian Federation and clause 2 of Regulation No. 169, the amount of deduction cannot exceed 20% of the payment amount. Thus, the employer is not always able to return the overpaid money in full.

The procedure for paying for vacation after six months of work according to the Labor Code of the Russian Federation

Since the Labor Code allows you to take vacation in 6 months in full, then the calculations will be made based on how many days of rest the employee decided to use. According to the current legislation, the entire period is paid before the actual start of the employee's vacation and after he has been notified of this. From the company's management given fact is fixed by issuing an order to grant days of rest to a specific employee, on which he must put his signature. Thus, the citizen confirms his consent to go on vacation at the time indicated in the document.

To determine the amount of vacation pay, employees of the accounting department calculate the average earnings of this employee for the last 12 months. The last three working months can also be taken into account. This takes into account not only wage, but also all allowances and bonuses that this employee receives. Thus, the total amount of earnings for the reporting period is divided by the number of months, and then divided by 29.6 (the average monthly number established by the current legislation calendar days).

The total amount of vacation pay will be determined by multiplying the number of days of rest by the average daily wage, based on the calculations made earlier. They are also used to pay compensation for unused vacation days upon dismissal of a worker or when he refuses to take a vacation and an application is made for the issuance of monetary compensation for these days.

In accordance with Article 136 of the Labor Code of the Russian Federation, the transfer of vacation pay must be made no later than 3 days before the start of the employee's vacation. If there is a holiday on the 3rd day, then payments must be made before it. In this case, the transfer to the next business day is not allowed. The transfer of the required amount can be carried out in more than early term because the law does not prohibit it.

If this rule is not observed, administrative penalties may be applied to the enterprise. In addition, the employee has the right to refuse to go on vacation in case of untimely transfer Money and choose any other time convenient for him to rest.

Vacation pay can be issued both in cash and transferred to the employee's card. Also, the management of the enterprise must make tax and pension contributions. To do this, an authorized employee draws up a payment order for the transfer of personal income tax. And if the vacation falls on one month, then there are no problems with the transfer of taxes. But if it starts in one month and continues into the next, then the question may arise as to when to make deductions.

According to the current legislation, transfers must be made on the day the funds are issued. In this case, it will also this rule. However, in payment order it will be necessary to indicate for what period of time deductions are made. For example: “Vacation pay to citizen Ivanov I.I. for September-October 2016.

The labor code assigns the right to leave after 6 months to every worker. Despite the fact that often after this period, employees are given the opportunity to use only half of the allotted rest time.

The provision of leave is regulated by the Labor Code.

Sometimes the parties interpret the rules differently, which gives rise to contradictions. And sometimes the employee does not have all the information regarding his rights under the law, and the employer takes advantage of this, violating them. This again leads to conflicts in the future.

When applying for a job, future rest excites people. However, later, especially with the onset of summer, questions may arise as to when they are entitled to the first vacation after finding a job. Indeed, unlike the subsequent ones, which are usually taken in accordance with a pre-approved schedule for all employees, the first one usually does not fall into this schedule.

As indicated in the legislation, six months - it is after such a period in the first year of work that the employee becomes entitled to. But in full, that is, 28 days (or more, depending on the specifics of the work, this is the minimum established by law) it is given only at the request of the employer. So, if an employee goes on vacation six months after he got a job, sometimes he is given only half, that is, 14 days.

In any case, the leave for the first working year must be received in full as a result. The employer is obliged to control this, it is he who is obliged to send the employee to rest after a year period. In some cases, vacation can be postponed to the next year, but this must be justified, and in any case, the employee will be required to receive his rest days in full. If the employee did not use the vacation within the allotted time, and there are no good reasons for it to be postponed, then during the check this will be noted as a violation, and the employer will be held liable.

We emphasize: for each month of work, vacation days are accrued (usually 2.33 days), and if 5 months have been worked, then by agreement with the employer, the employee will be able to go on vacation for 5 x 2.33 = 11 days. But starting from six months worked, again by agreement with the authorities, he can take vacation in advance - that is, not only the days earned by that time, but at least the whole. If then he is fired without having worked the year to the end, then the overpaid vacation pay will have to be returned. However, employers are often reluctant to give leave in advance to newly hired employees: this is due to the fact that although overpaid funds can be recovered upon dismissal, this is fraught with red tape, and it is not always possible to return the entire amount.

Who gets vacation early?

senior citizens with rank;
pregnant women;
people with adopted children under the age of three months.

If the company's managers refused to grant leave to an employee belonging to one of the listed categories, he has the right to go on vacation arbitrarily, but he must have documents confirming that he had previously sought consent from the employer to grant it. If they prove that the latter violated the law, then he will be held accountable.

Vacation duration

The Labor Code imposes the following restriction: a vacation can be taken in full only after the employee has worked for six months. At the same time, in total for the year, he must rest for 28 or more days, including 14 or more days in a row. Some are entitled to extended vacations. These include:

working in;
employees of the educational system - from preschool to higher education;
minors;
employees with irregular working hours.

All days over the minimum required by law 28 can be replaced, but only with the consent of the employee. He himself can ask for this, and the employer will have the right both to agree to such a replacement, and to refuse the request.

Vacation can be divided into parts both if it is provided after six months of work, and in others: by agreement of the parties, you can divide it into as many parts as you like, it is important that one of them is at least 14 days in a row.

Other nuances regarding the duration of the vacation:

If an employee falls ill while on vacation, then it increases due to sick days, so you should definitely visit a doctor.
Unlike ordinary weekends, holidays are also not included in the duration of the vacation, that is, all those included in it holidays should be added to its duration.

Payment

It is performed on the basis of how many days are provided, regardless of the hours worked. Needed first. In the usual case, a period of 12 months is used to calculate vacation pay, however, since the employee has not spent so much time at the enterprise in this case, all the time spent by him is taken.

Earnings during this time are summed up, while bonuses and other allowances are also taken into account, however, payments that are themselves based on average wages - sick leave and business trips - are not included in the calculation. The amount received is then divided by the months worked, and then by 29.3, that is, the legally established average monthly number of days. Thus, the average wage per day is displayed.

After that, it remains to multiply it by the duration of the vacation in days. So the total amount of vacation pay will be found. It must be paid three days before the start of the holiday, and if this day is a day off, then they should be done earlier.

If the funds were not transferred on time, then the employer may receive an administrative penalty, and the employee himself has the right to refuse to go on vacation on time and reschedule it for another time. In this case, the choice of date will remain with him.

Here is an example of how vacation pay is calculated after 6 months of work. Suppose that a citizen worked for five months in full and received 30,000 a month, but in May he took it for 12 days, and his earnings turned out to be 23,000 rubles. The employee's total earnings amounted to 173,000 rubles, and the calculation would have been simple if not for his sick leave. Now it is necessary to carry out a separate calculation for May. First from total days in a month we subtract those spent on sick leave: 31 - 12 = 19. But these days will not be fully included in the calculation - after all, an average of 29.3 days is used for each month, and you need to bring the days worked in May to it: 19 / 31 x 29.3 = 17.96, rounded up to 18 - this is how many days the time worked in May will be counted, since this month lasts longer than the average.

Only now you can calculate the average daily earnings. To do this, the total earned amount is divided by the number of days worked:

173,000 / (5 x 29.3 + 18) = 1,051.67 rubles.

Now it remains only to multiply this amount by the number of days provided to find vacation pay. So, if the company after six months agrees to give only 14 days, then they will be equal: 1,051.67 x 14 = 14,723.40 rubles. If the vacation lasts all 28 days, respectively, they will be twice as high.

Decor

In general, the same as the design of the usual next vacation. First, the employee submits an application - his form is attached to the article. It is optional if the vacation is provided according to the schedule. Then, on the contrary, the employer gives two weeks notice of the imminent vacation. In the case under consideration, it is usually necessary to fill out an application, while the time for which the rest is taken is agreed in advance with the authorities.

An important nuance: if the employee belongs to the category to which the employer is obliged to provide rest in advance, then this circumstance must be indicated, as well as the reason why it is necessary.

Based on the application, an order is issued in the form T-6, on which the signatures of the parties are put.
In accordance with the order, vacation pay is calculated and paid no later than three days before the employee goes on vacation.

Sample Documents

Vacation No. 1 in terms of legislation

The provisions on the rules for granting holidays, as well as the rights and obligations of employees and employers, are described in detail in the articles of the Labor Code. If we talk exclusively about the first vacation, then the procedure for granting it is disclosed in article 122. Next, we will consider the main points that you should pay attention to.

When is vacation time at a new job?

If you just got a job at a new place of work, then according to part one of Article 122 of the Labor Code of the Russian Federation, vacation is already in the first year. This norm states that each employee has the right to receive leave from the employer during each year of his professional activity. In other words, the employee has every legal right to demand leave from his company in the first year of service.

It is important to note that almost all categories of workers receive the right to leave. The only exceptions are those who work under civil law agreements. Such documents include work contracts and a number of others.

The term vacation itself should be understood as uninterrupted rest for a certain number of days, during which the employee retains his workplace, salary, etc.

In the second part of Article 122 of the Labor Code of the Russian Federation we are talking that the employee automatically receives the right to leave after the end of six months of service without interruption with the same employer. Simply put, if you have already worked for exactly six months, you have thus earned your right to legal rest. However, the law does not say exactly when it should be granted. That is, it can be obtained immediately after six months of work or after some time after that. But not later than the expiration of one year from the date of commencement of labor activity in this organization.

Lawyers for labor law It is recommended to negotiate this moment with the employer immediately when applying for a job. Well, if it is written in one of the clauses of the employment contract, which is signed with his superiors. Also, experts point out that the provision of leave after six months of work is the responsibility of each employer. Therefore, no one has the right to refuse this.

Chances of rest before 6 months

Yes it is possible. The second part of Article 122 of the Labor Code of the Russian Federation says that the employer can provide leave earlier. It is important to understand that in most cases this decision can only be made by the head of the enterprise. That is, there is no reason to demand the first vacation from him until the moment when a person continuously works for the first six months. Unless, of course, the employee is one of the persons named in part three of Article 122 of the Labor Code of the Russian Federation.

When to let go on vacation should be earlier than 6 months

And indeed, Labor Code determines that certain categories of employees have the right to leave even before the expiration of a period of six months from the start of employment at this enterprise. Namely:

women before maternity leave or immediately after it;
minors (under 18 years of age);
adoptive parents of minors under the age of three months.

Other exceptions to the general rule are possible if they are stipulated by federal laws.

Debut vacation: how much to rest?

The duration of rest, as agreed by the parties to the employment contract, can be 28 calendar days. But in practice, its duration may depend on a large number different factors. That's why this moment it is also better to coordinate it even when applying for a job in a company.