Vacation after 6 months of work: Labor Code, how many days allotted

When does an employee have the right to first leave under the Labor Code of the Russian Federation?

According to labor legislation, the opportunity to go on vacation for the first time at a new place of work arises after 6 months from the date of employment. This rule is enshrined in the Labor Code of the Russian Federation, but has a number of relaxations. For example, if the parties have agreed otherwise, the person concerned may be granted an earlier rest period. However, this will require the consent of the employer.

Calculating vacation pay using a calculator

A competent accountant, knowing the formulas for calculating vacation pay, can calculate the required amount manually. But knowing the formulas alone is not enough; you need to constantly be aware of innovations in the Legislation, monitor the release of new orders and resolutions, and study them. To make the work of accountants and HR officers easier, there are special programs that can instantly make the necessary calculations, taking into account all the updates.

For the convenience of calculations, you can use the online vacation pay calculator on our website.

How many days of rest can an employee who has worked for six months or more take?

Newly employed citizens should always know how many days of vacation are due after 6 months of work according to the Labor Code. According to Article 115 of the Labor Code of the Russian Federation, in the standard case it is 14 days.
However, there are certain categories of employees for whom the duration of total annual paid leave exceeds 28 days. They may be given a different duration of rest after working for more than six months in a new place.

The final calculation of the duration of vacation can be done in the employer’s human resources department.

Expert opinion

Irina Vasilyeva

Civil law expert

The interested person has the right not to rest immediately after the relevant period has expired. In this case, as the length of service increases, the number of days available for rest increases.

Vacation after 6 months of work according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art. 122 Labor Code of the Russian Federation . To use vacation after 6 months of work, the employee's service must be continuous during this time. During this period there should be no layoffs; business trips or sick leave are allowed.

Providing leave after six months is not the employer’s obligation, it is the employee’s right. Before going on vacation, you must agree on the date with your supervisor. At the same time, according to Part 2 of Art. 122 of the Labor Code of the Russian Federation, the categories of citizens listed below may not coordinate it with the leadership.

These include workers:

pregnant women;
minor workers;
employees who adopted a newborn.

After 6 months of work, vacation is granted in the number of days as if the employee had worked a calendar year, or a minimum of 14 days. According to the law, you need to decide on vacation before the 11th month of work, since the 12th month is already considered the time of paid vacation.

How many days are there?

An employee must take his first vacation within a period of six months to a year of work. Control over this process rests with the employer. In case of violation of such a norm, it is he who is responsible before the law. Once every two years, an employee can refuse to rest and ask for compensation for these days.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

How many days must an employer provide for rest? Based on Art. 115 of the Labor Code of the Russian Federation, an employee is entitled to 14 days after six months of work. Employees listed below are entitled to additional rest time:

working in difficult, harmful, dangerous conditions;
employees in educational institutions;
minor employees;
having irregular working hours.

Its duration is determined based on belonging to a certain category.

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

Leave is granted by the employer upon application by the employee. You can not allow someone to go on vacation only if there are compelling reasons for this, if there is no one to replace the employee. The employee agrees on the date, since the employer has the right to postpone the rest period to another period if necessary.

The procedure for granting vacation days

To get the opportunity to rest after working for 6 months, it is advisable to draw up an application.

The entire process for the employee will require a certain execution sequence:

drawing up an application for leave indicating the duration and date of the first day or exact time limits;
approval of the application from the manager;
submission of an agreed application to the HR department;
signing of the order by the interested party.

Leave 6 months after employment is granted only after all documents have been completed. In some organizations, if an employee goes on vacation as scheduled, filing an application is not required. If the company has a vacation schedule and the employee does not fit into it, an additional application for transferring rest days will be required.

However, if an employee came to work this year and is not included in the schedule, then after 6 months of service he can go on vacation as agreed with the employer.

Often, a change is made to the schedule by order due to the arrival of a new employee and taking into account the existing procedure applicable to other employees.

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Calculation of vacation pay for six months

Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.

The amount an employee will receive when going on vacation depends on three components:

Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.

It should be noted that when calculating average daily earnings the following are not taken into account:

Sick leave, vacations, business trip payments;
Awards for an anniversary or other holiday;
Compensation for travel and food;
Other additional payments that are not included in wages.

How is payment calculated?

Vacation pay is paid based on average earnings.
To do this, the accountant will need to know the average monthly earnings of the person concerned and the number of days of rest. There is a nuance in the calculation that does not make the amount of earnings for weeks and vacation pay for the same period equal.

The calculation of wages for hours worked is carried out in working days, and the accrual of vacation pay is carried out in calendar days. That is why the two indicators do not converge.

An example of calculating vacation pay. The employee has been working at the enterprise for 6 months, his earnings are 18,000 rubles per month and have not changed throughout the entire period of employment. The vacation lasts 14 days.

The calculation looks like this:

earnings for six months: 18,000*6 = 108,000 rubles;
average earnings for 1 day: 108,000/29.3*6 = 614.33 rubles;
vacation pay: 614.33*14 = 8600.68 rub.

How much?

The Labor Code establishes a minimum duration of 28 calendar days.

Important! 28 days of vacation time are due for each year worked at work.

Moreover, the working year is taken minus the following periods:

absenteeism;
inadmissibility to work due to the fault of the employee;
child care time up to 3 years;
leave without pay in excess of two weeks.

To calculate how many vacation days are due for each month worked, you need to use a simple formula.

Vacation for 1 month = Total duration for the year / 12 months.

That is, the annual duration is divided by the number of months in the year.

In most cases, for employees who do not belong to special categories with an increased length of vacation time, they have the right to count on 2.33 days of rest per month (28/12).

It is this rounded number that is used by the personnel specialist when calculating the required number of vacation days at a specific point in time.

An employee does not always request leave clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the time worked, and for this the number of vacation time per month will be useful.

This indicator is also useful when calculating compensation upon dismissal, when the vacation period in months is determined, which is then multiplied by the required number of vacation days per month. As a result, the total duration of vacation time for the entire period is determined.

Then it is enough to subtract the number of days already used, and the result is the duration for which you need to pay monetary compensation.

An example of using the indicator 2.33

The employee was hired on January 10, 2021, and will go on annual leave from September 1, 2019. How many days of vacation should he be provided and paid for?

The total length of service giving the right to paid rest is established: 7 months. and 23 d. 23 are rounded up to a full month, for a total of 8 months of experience.
The number of allotted rest days is calculated = 8 * 2.33 = 18.64.
Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation duration.

For an incomplete monthly period

With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are due, or no vacation is provided at all. There can be no other cases.

This is important to know: Is it possible to take vacation without days off?

If an employee worked less than 15 days in a month, then this period is not the basis for assigning vacation time.

If 15 or more hours are worked, then it is recognized as a full month and is compensated by 2.33 days of rest.

This point is usually interesting when an employee is dismissed, when it is necessary to calculate compensation for unused time, as well as when vacation is taken for an incompletely worked year.

The employee will resign on February 7, 2021. Vacation experience is 2 years, 4 months and 16 days. During work, 42 days of rest were used. It is necessary to establish for what period compensation must be paid upon dismissal.

Vacation experience is calculated in full months (16 days are taken as a month, since more than half of it has been worked), the total length of service is 29 m.
The allotted vacation time for this period is calculated: 29 * 2.33 = 67.57.
The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be calculated.

Who is entitled to a longer rest?

Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter by dividing the annual duration, taking into account the main and additional components, by 12.

The following persons may be included in this category:

minors;
disabled people;
doctors;
teachers;
police officers;
judges;
working in dangerous and harmful conditions;
civil servants;
workers with irregular work schedules, as well as a number of others.

Right or obligation of the employer?

Is an employer required to provide vacation after 6 months of work? This issue often becomes a stumbling block between the interests of the employee and the employer.

The latter may mistakenly believe that he is not obliged to provide it immediately after the period of 6 months from the date of employment. However, it is not. An employee has the right to go on vacation for 14 days after working for more than 6 months.

However, he can do this later, for example, if an employee in a similar position is on vacation, on sick leave, etc.

Refusal to provide rest time for an employee may result in an appeal to the competent authorities with subsequent inspections.

Calculation examples

What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:

Example 1

Example 2

The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2021, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?

Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.

Example 3

The engineer got a job in October 2021, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2021, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?

Example 4

The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?

This is important to know: Is additional paid leave provided to combat veterans?

When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.

Legal response to the issue

According to the provisions of Article 122 of the Labor Code, an employee has the right to write an application for regular paid leave after six months from the date of employment.

An employee must continuously work for at least six months in one company.

The employer has the right to refuse to provide rest days due to operational necessity. However, in the first year of work he is required to be given leave, even if it is given a little later.

If the employee has a suitable replacement at the workplace, he may be released earlier than expected. The appropriate decision will be made by the employer.

Is refusal possible?

Having determined when vacation is granted after hiring, you should find out in what situations the right to vacation may be limited. This usually happens if the company has a schedule. It must be observed by both the employer and the employee himself. The manager can grant leave provided that the employee is included in the document.

Refusal is also possible if the absence of a worker on site will negatively affect the work of the enterprise. In these cases, vacation dates are postponed, and the employee may demand financial compensation. Otherwise, failure to provide leave is a violation.

How is the calculation made?

There are three components to consider:

billing period;
average daily earnings;
number of days of rest.

The employee's pay period is determined taking into account the time worked. If the employment was six months ago, it is equal to 6 months. To calculate average earnings, all wages that were paid during the billing period are summed up. The resulting number is divided by the number of days worked by the employee.

Total salary = 12500*3 + 18000*3 + 5000 = 96500.
Average earnings per day = 96500/29.3*6 = 549.
Vacation pay = 549*14 = 7686.

For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.

Rules

The legislator regulates rest time for employees in Chapter 19 of the Labor Code.
Other acts of legal significance are also applicable in this situation. The following documents are taken into account:

different positions;
delivery schedule;
other local acts.

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The general rule is that labor leave is granted once a year. That's why it got that name.

It continues for several days. The provisions are fixed in federal and local acts. Article 114 of the Labor Code talks about guarantees regarding the annual allocation of time for rest. Similar points are reflected in local documents and labor agreements.

Rules have been developed regarding the provision of rest to employees:

requirements for minimum work experience in the company have been established;
the sequence shown in the schedule must occur.

An employee must work for a six-month period before taking leave. This time includes illnesses, vacations related to child care, and time off. In the second situation, a boundary is established. A period of time not exceeding two weeks is taken into account. Days when a person did not work due to wrongful dismissal or suspension are taken into account when calculating vacation time.

When making a schedule, the company takes into account many subtleties. They relate to factors related to positions and areas of work of the company. It is worth taking into account the wishes of employees and their initiative. Regulatory documents reflect the rights of citizens to rest. All the subtleties that may arise are spelled out in detail. The main condition is not to contradict the labor law. The employee has the right to use vacation time in advance.

How much leave can an employee be given after 6 months of work?

If an employee has worked for 6 months, is he entitled to a vacation of 28 calendar days? How to correctly calculate vacation pay if vacation is granted for 28 calendar days, but the employer plans to pay only 14 calendar days of it?

In accordance with part one of Art. 21 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to rest, which is ensured, among other things, by the provision of paid annual leave. Part two art. 22 of the Labor Code of the Russian Federation obliges the employer to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts. According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. The duration of the annual basic paid leave provided to employees is 28 calendar days.

Paid leave must be provided to the employee annually (part one of Article 122 of the Labor Code of the Russian Federation). That is, the employee has the right to use such leave in the first year of work for a particular employer. The right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer; by agreement of the parties, paid leave can be granted to the employee before the expiration of 6 months (part two of Article 122 of the Labor Code of the Russian Federation). The employees specified in part three of Art. 122 of the Labor Code of the Russian Federation, upon their application, the employer is obliged to provide leave before the expiration of 6 months of work.

Labor legislation does not provide for the possibility of providing annual paid leave in proportion to the time worked by the employee. An exception is the case when leave is granted with the subsequent dismissal of the employee before the end of the working year for which the leave is granted (part two of Article 127 of the Labor Code of the Russian Federation). In addition, in proportion to the time worked in harmful or dangerous working conditions, additional paid leave may be granted for work in appropriate conditions, since the vacation period in this case includes only the time actually worked in harmful or dangerous working conditions (part one of Article 117, part three of article 121 of the Labor Code of the Russian Federation).

If an employee quits before the end of the working year, for which he has already received annual paid leave, the employer will have the right to withhold from the employee’s salary part of the average earnings paid for unworked vacation days. However, such deduction is impossible if the employee is dismissed on the grounds provided for in paragraph 8 of the first part of Art. 77 or pp. 1, 2 or 4 parts of the first art. 81, pp. 1, 2, 5, 6 and 7 tbsp. 83 Labor Code of the Russian Federation.

Please note that annual paid leave can be divided into parts, and at least one of the parts of this leave must be at least 14 calendar days. However, such a division can only take place by agreement between the employee and the employer (part one of Article 125 of the Labor Code of the Russian Federation). The employer does not have the right to unilaterally divide annual paid leave and provide the employee with only 14 days of such leave.

Expert of the Legal Consulting Service GARANT