Vacation for the previous period. How many days of vacation must an employee take off?
Compensation for unspent vacation days is possible only upon dismissal. You can also replace with money additional paid leave to the main one. If the employment contract is not terminated, then it will not be possible to replace unused vacation for the past working year with compensation. Online calculator for calculating vacation pay. Article 122 of the Labor Code of the Russian Federation states that basic paid leave is provided to every employee annually. Each working year requires a minimum of 28 calendar days. In some cases they add additional days- who is entitled to extended leave. There are also provisions in Article 124 that vacation for the past working year must be taken no later than 12 months following its end. It turns out that an employee must rest at least once every 2 years. In practice, there are increasingly situations where workers work for several years without going on vacation.
Should an employee take vacation time?
Vacation days accumulate. The question arises: will the accumulated vacation days burned out? Is it possible to get for them monetary compensation Or is it possible to go on one long vacation of duration equal to the total duration of all vacations not taken? Will vacation not taken be expired in 2017? Labor Code in 2017 this issue does not change, the worker must still go on vacation every year. If this does not happen, then it is necessary to rely on Rostrud letter 1921-6, according to which an employee who has not rested for several years still has the right to all vacation days not taken. Vacations have not expired before and will not expire in 2017 either. There are no changes in this matter.
If an employee resigns, he must be paid monetary compensation for all vacation days not taken off.
Is it necessary to use all 28 vacation days in a year?
Vacation Every year an employee must rest; the Labor Code of the Russian Federation provides for a mandatory paid period in the form of vacation minimum quantity in general, 28 cal days. However, often in practice a situation arises when employees work at an enterprise for several years without going on vacation. Is this acceptable? Will vacation not taken be forfeited? In 2017, vacation not taken, according to the labor code, does not expire.
Vacation days are transferred to future periods; upon dismissal, the employer is obliged to pay monetary compensation for all unfilled vacation days. The reason for working without a vacation break may be related to both the desire of the employee himself and the characteristics of the organization labor process in the company. Many workers do not want to rest so as not to lose wages, intending to receive monetary compensation for vacation pay for all days not taken off.
Is it necessary to take all 28 days of allotted vacation in a year?
If an employee long time did not rest, then the total number of unspent days can be tens and hundreds of days. For all these days, compensation is calculated based on average earnings for the 12 months before dismissal. Of course, this violates the requirements of the labor code regarding the mandatory provision of annual paid leave, but not a single paragraph of the Labor Code of the Russian Federation contains rules that days not taken off for a period exceeding 2 working years must be burned out.
Until such a provision is introduced into labor legislation, the employer is obliged to pay for all unspent days. Postponement of vacation according to the Labor Code of the Russian Federation is possible, but it can be postponed no further than 12 months from the end of the working year. To prevent this from happening, it is necessary to encourage employees to use the required vacation days.
When does the main leave expire?
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When should vacation time be used?
Do not interfere with staff rest, plan annual rest for employees by drawing up a schedule for next year. An employer whose employees do not rest for more than two years in a row may be fined, the amount of the fine can reach 50 thousand rubles. In this case, the employee does not incur any losses, no punishments are provided for him, his unfilled vacation does not expire, and the right to compensation is retained for all days.
How to calculate the number of allotted vacation days can be found in this article, where examples explain the procedure for determining the working year and the corresponding number of vacation days. Does it burn? unused vacation By International Convention Since the end of 2011, the Russian Federation has taken into account the provisions of the ILO convention, which, regarding paid vacations, states that the employee’s right to compensation for vacation days not taken off is retained for 21 months.
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Roman Albertovich Lepekhin This lawyer is from the city of Moscow. The employee is required to take a full vacation, all 28 k.d. There is no such rule in the Labor Code of the Russian Federation according to which it would be possible to use vacation incompletely. The Labor Code of the Russian Federation allows the division, by agreement between the employee and the employer, another vacation into pieces.
Attention
Moreover, one part in mandatory should be 14 days, choose the rest at least one day at a time. Article 125 of the Labor Code of the Russian Federation In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.
Is an employee required to take vacation time during the first year of work?
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The employee was hired on May 3, 2017. when drawing up a vacation schedule, the employee indicated a desire to go on vacation on May 28, 2018 for 14 days and on July 30, 2018. But HR officers do not accept the schedule; they say that an employee in the first year of work must take vacation until 05/03/2018. How legal is this??? Thank you. Collapse Victoria Dymova Support employee Pravoved.ru Try looking here: You can get an answer faster if you call the free hotline for Moscow and the Moscow region: 8 499 705-84-25 Free lawyers on the line: 9 Answers from lawyers (1) Good afternoon.
In accordance with Article 122 of the Labor Code of the Russian Federation: The right to use vacation for the first year of work arises for the employee after six months of his continuous operation at this employer.
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At the same time, the Labor Code stipulates that one of them must be at least 14 days. The remaining 2 weeks can be taken as you wish - one week at a time or even 1-2 days. However, none of the employers will mind if you take no vacation at all.
The days not taken off will simply accumulate, and upon dismissal, such a workaholic can receive substantial vacation pay. In the new realities, it will not be possible to save for a long vacation or a solid compensation, as well as work for wear and tear. According to the new law, an employee must take a day off at least once a year. minimum term- 2 weeks.
In addition, he must use the remaining days within one and a half years, counting from the end of the year for which the leave is granted. In other words, for example, an employee must spend 14 days on vacation in 2011, and must take the second half of vacation for this year no later than mid-2013.
Russia ratified the convention International organization Labor (ILO) on paid holidays, but the changes will come into force only in a year. Now Russians will be required to go on vacation for at least 2 weeks, and days not taken off will be forfeited. It will be possible to “take a vacation with money” only 14 days in advance. The federal law on this was signed by Russian President Dmitry Medvedev. In fact, by doing so we are unifying our labor legislation with developed countries peace. What will change for Russians? The most important thing is that the minimum duration of annual paid leave will remain the same. Russians will be able to rest at the expense of their employer for 28 days a year (ILO requirements, by comparison, are softer - only 3 weeks). At the same time, the procedure for providing the required rest will change slightly. Change one Now we can take vacation in parts.
Hello! Question about vacation. Can the HR department require, along with the vacation application, an application to transfer part of the vacation if I do not want to use all 14 days that were planned for me according to the vacation schedule? In May, I wrote an application for vacation for 8 days instead of 14 days, I was asked to simultaneously write an application to postpone the vacation. I wrote, but I still don’t want to go on vacation at this time. I don’t really know what to do with these days. Never have such problems arisen at other jobs: unused days taken into account upon dismissal, compensation was paid. I was told that now I don’t even have to write an application for leave, since an application for transferring leave is the basis for issuing a leave order... That is, in fact, I am being forced to go on leave. I decided not to write any applications to reschedule my vacation in the future.
Unused vacations have been forfeited since 2017, some media outlets hastened to report after Russia ratified the International Labor Organization convention. Is this really true? Vacations not taken will expire in 2017 and the labor code allows this, or did the journalists not understand the topic?
Does unused vacation from previous years expire in 2017?
The right to vacation is one of the most important rights guaranteed to every employee by law. Labor legislation in our country, in principle, is more on the side of the employee, which is understandable - the employee is always the weaker and defenseless party, which depends on the employer.
The Russian Labor Code determines the minimum amount of compulsory rest - 28 calendar days annually. Moreover, at least half of them must last continuously, and the second half, if the employee reaches mutual agreement with his employer, can be used in parts, even one day at a time.
In today's lifestyle, many people do not take full advantage of their vacation. This is unprofitable for some due to the fact that vacation pay is actually much less than salary (although the law does not allow this, but if the employee still receives a salary “in an envelope”, the employer can quite legally pay him vacation pay, which is accrued based on from the amount of official earnings, nothing can be done about it), someone preferred to work and receive financial compensation for not using their vacation.
The ratification of the international labor convention took place back in 2010, and it was then that compensation for unused vacation in money was prohibited. The logic is clear - a person should at least sometimes have a full rest, permanent job without vacations it is very difficult and not useful. Therefore, the opportunity not to use the entire vacation or to use only part of it, receiving compensation for the days of vacation not taken, was closed.
Despite the fact that the convention was ratified several years ago, there are still concerns and even certainties that unused vacations have been lost since 2017. We hasten to reassure you - this is not so.
Unused vacation: expires or not in 2017
So, we found out that unused vacations have not expired since 2017 and there is no reason to think so - the Russian labor code still protects the rights of the employee.
But reasonable questions arise - what happens to those vacations that the employee did not want or could not take before? If a person works for several years in a row in the same organization and in some years he did not go on vacation at all, and in others he used only part of it, then what will happen to the days he did not take off? If you can’t get monetary compensation for them, maybe you can take this vacation off this year, going on vacation for six months at once, and let the employer pay for it?
This is also not possible. You need to take 28 calendar days off in the current year (by the way, the current year is not a calendar year that begins on January 1, but a year that begins from the date a person starts working); it will not be possible to transfer rest days to other years.
It turns out that vacation not taken will still expire in 2017 and the labor code will not help in any way? No, you will receive compensation sooner or later - unused vacation upon leaving your job will be paid in full in the form of compensation. If you have accumulated six months of vacation, you will receive compensation payment in six months. All other possibilities at at the moment closed.
It is clear that in many cases it all depends on your employer and your relationship with him. If it's a small organization, you can negotiate a small violation labor legislation and formally formalize your vacation, while you continue to work, receiving compensation for unspent vacation days. But it should be understood that such a scheme is not entirely legal, and the employer can be punished for it.
The legal way is to use your vacation completely or accept that you will only receive compensation when you decide to quit your job.
Can unused vacation expire? - this question often arises among employees and employers. Although more than one year has passed since the ratification of the relevant ILO Convention No. 132 in 2010, which raised this issue. Let's find out if it's really missed vacations burn out? Can unused vacation be carried over to the next year? What regulations to follow and other questions.
Labor Code on transferring vacation
In accordance with current legislation, an employee has the right to 28 days of annual paid leave (Article 115 of the Labor Code of the Russian Federation). By agreement with the employee, leave can be divided into several parts, one of which must be at least 14 days. Information on employee leaves is recorded in, such schedules are drawn up at the end of the year on future period annually. If the employee did not use the allotted vacation during the year (according to good reasons), then its unused part can be transferred to the next year (Article 124 of the Labor Code of the Russian Federation). However, according to the law, failure to provide vacation for 2 years is prohibited. That is, a debt of 56 days of vacation is gross violation law.
ILO Convention on Transfer of Holidays
ILO Convention No. 132 on holidays was ratified in Russia in 2010 (Federal Law No. 139 of July 1, 2010). It, in particular, states that the minimum part of the vacation for the year (i.e. 14 days according to the Labor Code of the Russian Federation) must be used during the current year. And the remaining balance (i.e., also 14 days) no later than 18 months. at the end of this year. Thus, if we count in accordance with the Convention, then the vacation debt cannot exceed 42 days (28 days for the current year + 14 days for last year) for 2 years.
So do vacations from previous years expire?
First of all, it is worth noting that the ILO Convention, as well as the Labor Code, does not indicate the “burnout of vacations”. Experts also note that the ratified ILO Convention is higher federal laws according to Labor Code and the Constitution of the Russian Federation. Despite the fact that amendments in connection with ratification were not made to the code. However, if local laws court decisions, customs, etc. provide more favorable conditions workers, then these provisions can be considered to take precedence over the Convention.
In addition, the Labor Code states that upon dismissal, an employee must receive compensation for all unused vacations (Article 127 of the Labor Code of the Russian Federation). Therefore, the indication in the Convention for a period of 18 months when vacation for the previous period can be used has no force in this matter, since the code is universally applied in Russia.
In addition, as we have already noted, the code has a clear definition that leave cannot be granted to an employee for more than 2 years, and, therefore, the total debt cannot be more than 56 days (Article 124 of the Labor Code of the Russian Federation). In practice, in Russia, vacation debt is on average 2 years, but it can be longer, 3-5 years.
Also, according to the Convention, the employee must receive vacation in proportion to the period for which he has not yet taken vacation.
Let's summarize:
Despite the fact that in the Labor Code and other Russian regulations, and also in ILO Convention No. 132 there is no direct indication that unused vacation may be lost; the presence of such debt is not the norm. And, above all, this is dangerous for the employer, since failure to comply with the code and labor protection requirements is fraught with administrative liability, which has become stricter since 2015. In addition, there is tax risks. As for the workers themselves, they should not forget about their rights; on the contrary, they need to defend them, referring both to the Labor Code, the Constitution of the Russian Federation and other Russian regulations, and to the ILO Convention, and also, if necessary, to the court.
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The situation is such that after many years of service at work, it happens that the employee does not have time to take annual paid leave. The vacation period begins to accumulate and is lost over time. Many workers are concerned about the question: what to do if there is unfilled vacation and whether unused vacation from previous years expires.
According to Article 114 of the Labor Code of the Russian Federation, every employer must provide annual paid rest to its employee. It doesn’t matter whether an employee goes on maternity leave or is fired—vacation not taken off does not expire. According to Legislative framework Every employee has the right to accumulate vacation pay. How the process of restoring unpaid vacation takes place, what is provided upon dismissal: unrealized time off or compensation, more details in the article.
Can vacation not taken be lost?
According to the Leave Regulations, each employee has the right to receive 28 days off annually. If desired, vacations can be divided into periods. The main thing is that the first part should be at least 14 days. The second part can be processed up to one day. If an employee constantly contacts annual leave— the situation consists of the fact that you just need to know how the application is completed. If an employee has a day off in the past year, the situation is more complicated.
First of all, the employer must notify his employees not only about the opportunity to go on annual vacation, but also give them the chance to choose a period of rest that suits them. The employee, in turn, must know what day his days off are scheduled for this year. If for some reason he was unable to take annual paid leave, the employer must act as a guarantor that the unused vacation will not disappear, but will accumulate in the vacation pay schedule.
A long day off without a holiday means that the worker was unable to book the holiday on time and it automatically transferred to the next year. A situation where an official wants to transfer vacation pay must have good reasons. You can reschedule your annual paid long day off:
- By the employee’s decision, if the terms of the Employment Contract do not prohibit such an opportunity;
- At the employer's discretion.
The list of reasons why an employer may not allow a ward to go on vacation, according to Article 124 of the Labor Code of the Russian Federation, includes:
- Execution urgent work which only this specialist can do;
- Difficult financial condition of the company: bankruptcy, crisis;
- Insufficient number of people who could replace the departing person;
- During the rest period, the employee performs part of the duties assigned to him in conducting production.
You need to know that even in such situations, vacation pay for previous years cannot be burned out according to the Labor Code of the Russian Federation. Regardless of what position the ward has, whether he goes on maternity leave or decides to take vacation pay upon dismissal, according to the Law, it is possible to accumulate days off and use them in the next working year.
Does unused vacation from previous years expire?
If for some reason the employee does not use all or part of the vacation, the vacation automatically transfers to the next working year. Unused and unspent vacation does not expire. True, it doesn’t take long to accumulate vacation pay.
Vacations not taken from previous years can be postponed no later than one year. Other calendar periods will not be taken into account. Unused holidays can be issued in the current or next year. If this is not done, they will not be burned, but the employer will not be able to provide them to the worker. In such a situation, it is better to try to exchange the days off from work for previous years for compensation.
Upon dismissal, does unused vacation expire or not in 2018?
Unused vacation or part of the vacation upon dismissal does not expire, in accordance with the Labor Code of the Russian Federation. Upon dismissal, the employer, according to the vacation schedule, summarizes the entire non-vacation period. Therefore, the employee has the opportunity to take a well-deserved rest before leaving his position.
There are situations when a worker wants to receive monetary compensation instead of annual vacation pay. In this case, the employee should know that if the vacation time taken does not expire, this does not mean that its constant accumulation over the past years can be exchanged for monetary compensation. The law states: compensation is provided only to those categories of citizens who have vacations of more than 28 days and those who decide to terminate their employment contract. That is, people who have an extended vacation period and who want to quit can get money.
IN judicial practice It happens that an employer, through fraudulent means, can provide an employee with a reduced amount of vacation pay. If such illegal actions are proven, according to the Law, the manager will be held administratively liable.
Does vacation expire when you go on maternity leave?
According to the Laws and Labor Code of the Russian Federation, vacations not taken off before going on maternity leave do not expire. A pregnant woman can:
- Write an application to use the part of the vacation that is not taken off and go on maternity leave ahead of schedule;
- An employee can extend her maternity period using unused days off.
Even if the pregnant woman did not have time to fill out an application for vacation before her maternity leave. She can go out on the required weekend afterwards. Cumulative part Vacation pay is not lost even during a long stay on maternity leave.
Unused vacation - changes in the Labor Code of the Russian Federation from January 1, 2018
The rules for registering unused vacation will change from January 1, 2018. You need to know that if you write an application, you can receive unused vacation pay before dismissal. In this case, the employer must pay compensation for the entire period of non-vacation days off. Even if the deadline employment contract has ended, the period of annual leave does not expire, but is provided regardless of whether it goes beyond the conditions or not.
You must notify your employer of your desire to take an annual day off no earlier than two weeks in advance. During this time, before the start of the rest period upon dismissal, the employee can change his decision and take back his letter of resignation from the workplace.
Question about unused vacations occurs sooner or later in everyone who works long enough for one employer. Some people have a question about unused vacations due to dismissal. The issue became especially acute in 2010, when Russia ratified the convention of the International Labor Organization (ILO). In this article we will talk about following questions:
Answers to frequently asked questions
Let's start with the questions that are most often asked.
Does unused vacation expire?
No, unused vacation can be used during the next working year. If during this period the vacation was not used, then you can get money for the vacation, but only by quitting.
Is it possible to take unused vacation over several years?
No, unused vacation can only be taken from the previous working year. You cannot add up unused vacation over several years.
Is it possible to replace unused vacation with money?
It is possible to replace vacation with money only in part exceeding 28 calendar days, that is, for the majority of those who have the right to a vacation of 28 calendar days, it will not be possible to replace vacation.
Is unused vacation paid upon dismissal?
Yes, upon dismissal, compensation for all unused vacation days is paid along with the rest of the money on the day of dismissal.
Does unused vacation for more than three years expire?
No, unused vacation never expires. Another thing is that an employee can receive compensation for unused vacation only upon dismissal.
Does unused vacation expire or not 2015?
In 2015, unused vacation does not expire, but is transferred to the next working year or compensation is paid upon dismissal
Unused vacation item
The main article that describes the employee’s right to unused leave upon dismissal is Article 127 of the Labor Code of the Russian Federation.
What is unused vacation?
All employees are entitled to vacation according to the Labor Code. The basic duration of leave is 28 calendar days, and some categories of employees are granted extended or additional holidays. One way or another, some employees are accumulating vacation time. A situation arises when an employee has a lot of vacations, but nowhere to put them. Thus, unused vacations- these are vacations that the employee did not use on time at one time, that is, he was not on the required vacation.
Postponement of vacation is possible, but only for a year. That is, unused vacation can only be used during the next working year; if more time has passed, then the vacation cannot be used.
Employers are prohibited from not allowing employees to go on vacation for two consecutive years.
In practice, many employees do not want to go on vacation for a long enough time (for example, two, three or five years), or take the entire vacation, but only part of it.
Where does unused vacation go?
Nothing happens anywhere with this vacation, but you can’t use it either. This raises a reasonable question: Is it possible to replace vacation with money?
Replacement of unused vacation with monetary compensation
Until recently, it was possible not to go on vacation, but to get money for it. Currently, only those who have a vacation duration of more than 28 days per year can receive compensation for vacation - these are, for example, extended or additional vacations. If an employee is only entitled to vacation of 28 calendar days, then it is impossible to replace part or all of this vacation with money!
A reasonable question arises: an employee has not been on vacation for several years, does his unused vacation expire?
Unused vacation expires
It turns out that for most employees, whose vacation is 28 calendar days per year, it cannot be replaced with money, but can only be used for its intended purpose in the current or next working year. Where do the leftovers go? unused vacations?
Nowhere, they just accumulate and the only case when compensation is paid for all unused vacations is dismissal.
Answer to the question: Does unused vacation expire?
No, unused vacation does not expire , but compensation for all unused vacations can only be received if you quit.
Conclusions
Unused vacation is transferred to the next year only once, that is, vacation can be used in the current or next working year.
Compensation for unused vacation is not provided for employees with 28 calendar days of vacation.
Unused vacation does not expire and is paid only on the day of dismissal.