When is the first vacation due after getting a job?

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Anastasia Klimenkova (Lawyer)

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Author: Anastasia Klimenkova (Lawyer) (All articles by the author)

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After employment, many citizens are interested in the possibility and timing of obtaining legal days of rest. This issue is regulated by the current legislation. It is necessary to study when you can take your first vacation after starting a job.

Benefits for parents with many children

Russian President Vladimir Putin signed Federal Law No. 34-FZ dated 03/09/2021 with amendments to the Labor Code on annual paid leave for workers with many children. New rules have been established for granting annual paid leave to employees with many children who have three or more children under the age of 18. Now they have the right to receive annual paid leave at a time convenient for them at their request until the youngest child reaches the age of 14.

Until now, the norms of the Labor Code of the Russian Federation provided for the right to leave at a convenient time for workers with many children only with children under 12 years of age, and this placed large families in unequal conditions. Whereas, by virtue of the Civil Code of the Russian Federation, upon reaching the age of 14, children cease to be minors, guardianship ends, which turns into trusteeship, children receive a passport and separate rights and responsibilities, and not at 12 years old. The amendments will allow parents and children to spend time together and both parents to actively participate in raising children. They will begin to operate on March 20, 2021.

ConsultantPlus experts figured out how to provide additional leave to parents with many children at their own expense. Use these instructions for free.

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

When calculating vacation pay, a standard scheme is used. The calculation will take into account:

1. Number of rest days.
2. Average total income.
3. Billing period.

How can you calculate?

Let's give an illustrative example: A. A. Ivanova, a cleaning lady at Romashka LLC, has a salary of 15,000 rubles. Bonuses are not provided for according to the employment agreement. Accordingly, earnings for all six months were 15,000 rubles.

Worked by Ivanova A.A. six months and decided to go on vacation. The calculation will be as follows:

15,000/29.4 29.4 IS THE GENERAL RATIO that is established by the state, and it means the average number of days.

As a result of the calculations, the amount turned out to be 510.2. Each day of vacation for a cleaning lady costs 510 rubles 20 kopecks. Now we multiply this amount by 14 days of vacation and get the amount of vacation pay:

510.2*14=7142.8 rubles.

This is exactly the amount the cleaner will receive when she goes on vacation.

Delivery time

There is a general rule on this issue: all types of leave, including basic, additional, paid and unpaid, without pay, are provided with prior agreement with the employer. That is, the answer to the question of when you can take leave under the Labor Code is as follows: when you can come to an agreement with the administration of the organization.

Of course, this does not cancel the employee’s right to rest, but the priority must be established so that this does not affect the work process. And, of course, there are emergency cases, force majeure circumstances, when the employer does not have the right to refuse an employee. If an agreement cannot be reached, the conflict must be resolved through mutual concessions in accordance with the norms of the Labor Code.

How many days does the first vacation last?

According to labor legislation, an employee’s annual leave must be at least 28 days (calendar) per working year. Accordingly, an employee can take fourteen days of vacation in six months.

By agreement between the employee and the employer, vacation can be increased, since the law does not prohibit giving employees days of rest in advance.

If an employee received vacation in advance and quit without working a full working year, the employer has the right to deduct paid vacation pay for unworked days from the final payment amount.

This is enshrined in the provisions of Article 137 of the Code and the second paragraph of the Rules on regular and additional leaves No. 169, issued by the People's Commissariat of the USSR on April 30, 1930.

In this case, the amount of all deductions cannot be more than twenty percent of the accrued amount of wages.

Off schedule

There are categories of workers whose representatives have the right to go on vacation at any time convenient for them, having notified them in advance.

These include:

• citizens under 18 years of age;
• women and single men raising two or more children under 12 years of age, in addition, they have the first priority to “book” summer time;
• employees previously recalled from vacation;
• part-timers. It is clear that the periods of rest at the main and additional jobs must coincide;
• one of the parents raising a disabled child under the age of 18;
• spouses of military personnel, who also have the right to rest at the same time as their husbands and wives;
• honorary donors of the Russian Federation;
• some categories of Chernobyl victims.

In 2021, a new article was introduced into the Labor Code of the Russian Federation - 262.2. Under this provision, employees with three or more children are now entitled to take leave at a time convenient to them in accordance with their expressed preference.

Who else has the right to rest without working the legally required period of 6 months:

• in the case of adoption of an infant (that is, a child under three months of age);
• In the event of pregnancy, a woman has the opportunity to take leave ahead of schedule, before her maternity leave or immediately immediately after it.

Moreover, in accordance with Art. 122 of the Labor Code of the Russian Federation, the employer himself has the right to send an employee to rest at his own expense before the expiration of the six-month period of work.

How to go on vacation before six months are up?

The existence of circumstances giving the employee the right to use vacation at a time convenient for him may be known already at the time of his employment. In this case, the data on the rest time of such an employee is immediately entered into the vacation schedule, taking into account his wishes, and he will go on early leave as scheduled.

But relevant circumstances may arise later than the date of hiring. To change the rest period recorded in the vacation schedule after the first six months of work, the employee will need to submit an application to the employer requesting a postponement of the vacation time and explaining the reasons for which it became possible to qualify for such a transfer. The reason should be confirmed by copies of documents indicating its existence.

If the employee needs early leave for any other reason that does not oblige the employer to agree to it, then he will also have to fill out an application requesting a postponement of the rest period and indicating why this transfer is needed. However, the employer has the right in such a situation not to satisfy the employee’s request.

First well-deserved rest

Employees who have changed jobs often ask HR officers when they can take vacation for the first time. The first time you can write an application in accordance with Art. 122 of the Labor Code of the Russian Federation, provided that the citizen has been working at one enterprise for more than six months. Thus, there is a rule: you must work at a new enterprise for at least six months before you can expect to rest at the employer’s expense. But there are exceptions to it: some categories of workers have the opportunity to rest before the expiration of this period, in particular citizens under 18 years of age.

When is a new employee added to the vacation schedule?

The employee is included in the vacation schedule upon his employment. In this case, the schedule is formed no later than 14 days before the new year.

The schedule is approved by the director of the company after the schedule is fully drawn up by an HR department specialist or HR employee.

This point is explained by Article 123 of the Labor Code of the Russian Federation. The form that is used for this is called Form T-7.

Vacation at your own expense

A citizen has the right to take several (the maximum limit is defined only for civil servants - 1 year) days at his own expense. Such time off is provided only upon application and in agreement with the administration, except for the following cases:

• WWII participants have the right to take an additional 35 calendar days off per year;
• working age pensioners - 14;
• working disabled people - 60;
• parents and wives (husbands) of military personnel, firefighters, etc. who died in the line of duty - 14.

In addition, the manager is required to sign an application for 5 days at his own expense in the event of the birth of a child, registration of marriage, or death of a close relative.

Right to vacation in the first year of work

An employee receives the right to vacation in the first year of work after working in this company for six months.

After six months of continuous work in the first year of work in the company, the employee has the right to full leave (main and additional, extended main leave), and not part of it in proportion to the time worked.

The provision of additional leave for irregular working hours in proportion to the time worked is also not provided for by law (letter of Rostrud dated May 24, 2012 No. PG/3841-6-1).

The only exception is additional leave for harmful and (or) dangerous working conditions. It is granted in proportion to the time worked, not only after six months in the first year of work, but also in all subsequent years of work. The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).

Let's summarize everything said in the table:

This length of service, which gives the right to annual additional paid leave for work in harmful and dangerous conditions, includes:

• actual work time;
• the time when a person did not actually work, but he retained his place of work (including sick time, paid leave, weekends and holidays, time off, etc.);
• time of forced absence if the employee was fired or suspended from work illegally;
• the period for which a person was suspended from work due to the fact that he failed to undergo a mandatory medical examination due to the fault of the employer.

This work experience does not include:

• time of absenteeism and legal suspension from work;
• time of maternity leave;
• vacation time at your own expense, if their total duration is more than 14 calendar days.

EXAMPLE.
WHEN THE RIGHT TO LEAVE ARISES Petrov got a job at Passiv LLC on January 20, 2021. He has the right to receive his first leave in six months, that is, on June 20, 2021. Petrov’s next vacation is due after he has worked for the company for one year, namely, after January 19, 2019.

For those who are on maternity leave

Scheduled leave as a break from work and maternity leave are different, unrelated periods. They are provided for different reasons, have different durations (28 and 140 days on average), and payment for such periods is made according to different rules. Every employee is entitled to annual rest of 28 calendar days after six months of work at one enterprise; a woman cannot be limited in this right. Maternity leave and parental leave are provided regardless of working a certain period of time before pregnancy.

What is included in the length of service for accrual?

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

Vacation experience includes:

1. Every day of donation.
2. All types of sick leave.
3. Granted study leaves.
4. Probation periods.
5. Downtime due to the fault of the employer.
6. Holidays and weekends.
7. Annual leave.
8. Time off for previously worked time.

Time off that the worker took at his own expense is included in the length of service in the same way. However, such days shift annual leave. If, for example, employee Ivanova I.A. When the time for rest came, and she took 10 days at her own expense, then the annual leave will automatically shift to this period.

According to the law, vacation is no less than the established minimum of 28 days

The Constitution and Labor Code of the Russian Federation regulate the minimum duration of rest - 28 days annually. Employees of preferential categories and those working in hazardous work have the right to an extended rest period.

Holiday pay is calculated based on average earnings over the last 12 months. Have you been working for less than a year? Accounting will calculate the average earnings per day over a shorter period of time.

Can I take a vacation in parts?

Article 125 of the Labor Code says that leave can be split. But according to the rules. One continuous part lasts 14 days. The rest are provided in parts - by agreement between the employee and the manager.

Vacation can be taken in parts of 1-2 days, if the employer does not mind. This is convenient when planning a short trip over the weekend or long holidays, and you need extra time. But the dates and duration in this case need to be discussed in advance, so that it doesn’t happen that the whole team decides to extend the May holidays, and there will be no one to work.

Using the entire vacation is also possible. But you need to discuss this point with your manager. If the specifics of your work suggest that someone can replace you for all 28 days of rest, then this is possible.

But most workers prefer to split their vacation into two equal halves: this is understandable, predictable and does not cause force majeure in the work of the team.

Is it realistic to plan a vacation a year in advance?

The vacation schedule is an important document. This is not just a formality: it allows you to control the workload of each employee and redistribute responsibilities in a timely manner.

By mid-December, the employer approves the vacation schedule for employees for the next calendar year. Usually - taking into account the wishes of the team. All employees must be made aware of the schedule. That is, in December you already know the exact dates of your vacation, and you can safely buy a trip and tickets, wait for your vacation pay and go on a trip.

14 days before the start of a well-deserved rest, an employee of the HR department or manager must remind the employee about the upcoming rest. There is no need to write an additional application. The employer did not notify? You can safely ask to reschedule dates.

If plans change on your initiative, the transfer of dates can be agreed upon with your manager. In this case, you will have to write an application for leave outside the schedule.

Some tricks and certain nuances

So, we answered the question of when vacation is due at a new job. We have already found out that an employee has the right to a well-deserved rest six months after intensive work. But many employers are cunning, offering the employee only two weeks of rest instead of the required twenty-eight days. What to do in this case? This is why it is necessary to know when leave is due and how long the employee is entitled to, so that in the event of a violation of labor laws by the employer, he can protect his rights. Russian labor legislation draws the attention of workers to the fact that they have the right to count on rest, almost equal to one month. The Labor Code of the Russian Federation obliges the employee to provide vacation in full after six months of work, and the fact that this is his first vacation does not mean that exceptions need to be made. Therefore, you need to fight for your rights.

If an employer deliberately does not give its employee the right to rest, then in this case the employee must contact the labor inspectorate or court. The Labor Code obliges the employee to provide leave after 6 months.

It is also worth mentioning such a specific phenomenon as the vacation schedule. Usually it is in every organization, even with a small staff of employees. Only individual employers do not have it. Therefore, to answer the question of when you can legally go on vacation, you should refer to the vacation schedule. The employer is obliged to warn employees about the vacation two weeks before it begins. In any case, the employee should not be given rest before the start of the working year. The exception is special cases (additional agreement between the employer and the employee of the organization).

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Legislative basis of the issue

According to the Labor Code, any work activity must bring in appropriate and regular earnings, as well as payment for vacation required by law. It often happens that a citizen requires rest already in the first year of work, but the required 12 months have not yet passed. In this regard, employees have a question about when they can go on vacation and how much vacation they are entitled to after 6 months.

To get your first vacation after getting a job, you don’t even need to work for six months. The manager has the right to provide some employees with the required period in advance, however, here we are talking about an individual agreement.

If you look at when this right is due, then the first period is six months. After 6 months, the employee has the right to apply for rest days. To eliminate problems in the future, it is worth discussing this issue during the hiring process.

Duration

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

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

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

Changing SNILS when changing your last name is required by law. We will tell you in what cases it is permissible to reduce wages at the initiative of the employer.

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

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

Certain categories of workers have the opportunity to receive additional days of rest:

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

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

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

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

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

Is it possible to leave early?

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

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

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

There are other exceptional cases defined by federal legislation.

Drawing up an application

The vacation application can be completed manually or in printed form. The main requirement is the signature of the originator. The structure of the form is as follows:

1. Document header. Should be placed on the top right. The data of the director is entered: position, full name of the director, name of the organization, full name of the compiler.
2. The title is placed in the middle of the form in capital letters.
3. The main text is written in any order and contains a request for leave.
4. Signature.

There are some cases that require a written application to extend or postpone the vacation period. This includes:

1. Period of employee illness;
2. The period during which an employee performs government-important tasks. Acting as a juror at a court hearing, participating in elections.