How vacation is provided in the first year of work. When is vacation due at a new job?
The first paid leave after getting a job is provided after 6 months. continuous employment with a new employer (Article 122 of the Labor Code). By general rules an employee can apply for vacation after 7 months of work, and the duration of the vacation period is 28 calendar days(Article 115 of the Labor Code). Is it possible to take your first vacation before six months of work? How is personnel paperwork processed and vacation pay calculated? You will learn about all the nuances from this article.
When is the first leave granted under the Labor Code?
A person’s right to rest when starting a new job is protected by labor legislation. Vacation after six months of work under the Labor Code of the Russian Federation is fully due in accordance with Art. 122. With the consent of the administration, an employee may ask for a vacation earlier than the specified period. In addition, there are certain categories of employees who should be granted leave regardless of the time of employment:
- Minor employees.
- Women expecting a child can ask for leave before or immediately after maternity leave.
- Employees who adopted infants under 3 months of age.
- Other employees in accordance with regulatory federal documents. For example, these are part-time workers, spouses of military personnel, veterans, etc.
Note! The specified categories of employees are granted leave after six months of work according to the Labor Code of the Russian Federation upon the personal application of an individual. The employer does not have the right to refuse time off even if there is a production need for a specialist.
How is vacation granted in the first year of work?
Duration of the first vacation after 6 months: how many days is the employee entitled to? After six months of employment, a person receives the right to full primary, additional, extended or other types of rest provided for by the terms of the employment contract. The opinion of some employers that vacation after 6 months of work should be taken in parts is erroneous. According to Art. 115 the duration of annual rest cannot be less than 28 days (calendar).
Registration of vacation in the first year of employment in advance is not prohibited by the legislation of the Russian Federation. But if a person quits before working the year for which the right to rest has already been exercised, the employer can withhold the excess amount of vacation pay issued to the individual (Article 137 of the Labor Code). When calculating, it is necessary to take into account the rule maximum size deductions from earnings - 20% (Article 138 of the Labor Code).
Important! An exception to the provision of leave after 6 months of work is additional leave granted to employees for employment in dangerous/harmful jobs. working conditions. This type of rest is issued in proportion to the actual time worked (Article 121 of the Labor Code).
Vacation schedule: when is vacation due at a new job?
The order of granting vacations to staff is determined in accordance with the vacation schedule mandatory for all employers. The procedure for drawing up this document for the next calendar year is determined by Art. 123 TC – no later than 2 weeks before the end of the current period.
What does the Labor Code say about vacation after 6 months? After all, new employees can start working in the organization after the schedule is approved by the manager. In this matter, neither the employer nor the employee is limited in any way. Since retroactive changes to the vacation schedule are usually not made, the newly hired employee will have to write an application for the first vacation. If the director of the company agrees, vacation is granted without restrictions, in full, unless the parties have agreed in advance to divide the vacation period into parts.
Note! If vacation is granted after 6 months of work, the Labor Code does not prohibit changes to the main vacation schedule if the employer wishes. In this situation, HR specialists recommend approving an additional schedule with mandatory preliminary approval of rest dates with employees or the enterprise’s trade union.
Vacation in the first year of work - procedure for registration and payment
The procedure for registering leave for the first year of employment is no different from the paperwork for subsequent periods of work. If there is an application, its approval is required from the company management, then an order is issued in the unified form T-6 indicating the start/end dates of the vacation and the employee’s full name. After that, a calculation of vacation pay is drawn up according to the T-60 form, the data is entered into the personal card and, upon the fact of using the vacation, into the work time sheet.
According to the general rules, vacation pay is calculated based on average earnings for the previous year (12 months). If a person has been working in an organization for less than a year, the calculation takes into account the salary for the period from the moment of employment to the month preceding the month of vacation (Resolution No. 922 of December 24, 2007). Using the same principle, the billing period is determined and average earnings.
Conclusion - from this article you learned how much you need to work to go on vacation in the first year of work with a new employer. We also got acquainted with the categories of employees who have the right to take advantage of rest at any time, regardless of the duration of employment.
Labor activity involves not only receiving wages for work performed, but also days of rest; in this regard, the question often arises about when a citizen can exercise this right and after how many months leave is due in the first year of work. Labor legislation has a number of nuances that should be taken into account when resolving this issue.
In practice, the majority of working citizens do not have full knowledge of the necessary information regarding the procedure for granting vacations. Therefore, there are often cases of violation of the rights of employees by employers. In order to avoid conflicts between the parties to labor relations, it is important for a citizen to familiarize himself with all the nuances of registering paid days of rest and related procedures.
From the point of view of legislation, an employee has the right to take his first vacation after getting a job within 6 months from the date of signing the employment contract. In accordance with Article 122 of the Labor Code of the Russian Federation, it is after this period that the employee acquires the right to receive paid days of rest in full. However, in in this case It must be taken into account that the employer has the right to send the employee on vacation. This is not his responsibility, and the issue in each specific case is decided at the discretion of the enterprise management. At the same time, the employee has the right to apply for full leave at any time until the end of the year.
It should be noted that in this case we mean not a calendar year, but a working year. It is calculated from the day the citizen is employed and is not tied to calendar days. In addition, it is important to consider that the time when you can legally go on vacation must be determined no later than the 11th month. From the point of view of legislation, the 12th month is the time of paid leave and is included in the working year.
If an employee wishes to take advantage of days of rest before the expiration of the six-month period, the legislator provides this opportunity, but only with the consent of the employer to provide them. Moreover, until the end of 6 months of work, he can only use the rest time actually “earned” by him. For each month of execution job responsibilities the employee is accrued 2.33 days of vacation, except in situations where he is a temporary employee and the duration of the employment contract is 2 months or less.
In this case, he will be accrued 2 days of rest per month worked. It must be taken into account that if the month is not fully worked, vacation pay will be accrued in full only if he worked 15 or more days.
According to Part 2 of Article 122 of the Labor Code of the Russian Federation, a number of categories of workers have the right to go on full leave after a six-month period without the consent of the employer. These include:
- Women “in pregnancy”, immediately before maternity leave or after childbirth;
- Minor workers;
- Employees who have adopted a newborn.
The company's management does not have the right to refuse to provide them with rest days. If an employee is not given such an opportunity, he has the right to independently exercise it without the consent of the employer. In addition, the latter may be held accountable if it is established that he violated the current legislation.
Starting from the 2nd year of work, the employee goes on vacation according to the appropriate schedule developed by the enterprise. If such a document is maintained at the company, then the employee must be notified of the upcoming rest period no later than 2 weeks before its start. If there is no schedule, the employee has the right to go on vacation at any time. The absence of the employer’s consent in this case cannot be regarded as an obstacle to the realization of the worker’s right to rest. The employee implements it independently, however, he is obliged, in accordance with current legislation, to notify management of his intention to go on vacation no later than 2 weeks before it starts.
Preparing a vacation schedule and the procedure for granting vacation to new employees
A vacation schedule is an official document that is drawn up at an enterprise to regulate the procedure for annual paid vacations for employees. This is necessary to ensure normal operation organizing and preventing employees from not going on vacation. The latter also has great importance, since the responsibility for sending employees on vacation rests with the management of the enterprise and if an employee does not go on vacation this year without serious reasons, the responsibility rests with the employer.
This document is drawn up at the company no later than 2 weeks before the end of the current calendar year. Thus, the last day for signing it, 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 vacation to the employee during the summer period at least once in 4 years.
If at the time of registration of this document If the company has an employee whose work experience has not reached 6 months, then the time when you can take vacation after getting a job should be planned in the next calendar year, but before the end of the employee’s working year.
In practice, there are situations when an employee uses his right to leave before the appropriate deadline 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.
Duration of first vacation
When is the first leave due? new job and how many days does it include? The length of an 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 full leave only after the expiration of six months from the date of his employment. In this case, the experience must be continuous.
It must be taken into account that going on leave after expiration given period is optional. The employer has the right to allow the employee to go on full leave, but this is not his responsibility. He may well refuse to provide days of rest due to production needs.
However, the employee must exercise his right to rest during the first working year. At the same time, control over the implementation of this norm rests with the employer. In accordance with current legislation, he is obliged to send the employee on vacation if this reporting period ends. Failure to use vacation by an employee is unacceptable, and if these facts are discovered, the employer will be held responsible.
The worker, for his part, has the right to refuse to go on vacation and ask to be compensated for these days in cash. Decided this question by agreement with the employer. But the employee has the right to take advantage of this opportunity no more than once every two years. That is, refusal to rest for two or more years in a row is unacceptable.
In general, the duration of vacation for employees, in accordance with Article 115 of the Labor Code of the Russian Federation, is 28 days. Right to additional days Persons carrying out labor activities have rest:
- IN harsh conditions or in contact with hazardous substances;
- V educational institutions preschool, basic, secondary specialized and higher education;
- And those who have not reached the age of eighteen (Article 267 of the Labor Code of the Russian Federation);
- In conditions of irregular working hours;
- Other cases provided for by federal or local regulations.
A citizen has the right to use earned rest days before the expiration of a six-month period. The employer can give consent to this if he has someone to replace the employee. Providing 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. Before this, there is no such opportunity.
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 and will not receive vacation pay. From the point of view of legislation, the management of the enterprise has the right to collect debts from the worker for unworked days. However, in accordance with Article 137 of the Labor Code of the Russian Federation and clause 2 of Rule No. 169, the amount of withholding cannot exceed 20% of the payment amount. Thus, the employer is not always able to return the overpaid funds in full.
The procedure for paying 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 full after 6 months, calculations will be made based on how many days of rest the employee decided to take. According to current legislation, the entire period is paid before the actual start of the employee’s vacation and after he has been notified about it. On the part of the management of the enterprise, this fact is recorded by issuing an order to provide 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 specified in the document.
To determine the amount of vacation pay, employees of the accounting department calculate the average earnings of a given employee over the last 12 months. The last three working months may also be taken into account. This takes into account not only wage, but also all allowances and bonuses that this employee receives. Thus total amount earnings for the reporting period are divided by the number of months, and then divided by 29.6 (the average monthly number of calendar days established by current legislation).
The final amount of vacation pay will be determined by multiplying the number of days of rest by the average daily wage, based on previously made calculations. They are also used to pay compensation for unused vacation days upon dismissal of a worker or upon his refusal to rest and filing an application for issuance 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 the 3rd day falls on a holiday, then payments must be made before it. In this case, transfer to the next business day is unacceptable. Transfer of the required amount can be carried out in more than early date, since the law does not prohibit this.
Failure to comply with this rule may result in administrative penalties being applied to the enterprise. In addition, the employee has the right to refuse to go on vacation if the payment is not made on time. Money and choose any other time convenient for him to rest.
Vacation pay can be issued either in cash or transferred to the employee’s card. Also, the management of the enterprise must make tax and pension contributions. To do this, an authorized employee issues a payment order for the transfer of personal income tax. And if the vacation falls within one month, then there are no problems with transferring taxes. But if it starts in one month and continues into the next, then a question may arise as to when to make the deductions.
According to current legislation, transfers must be made on the day the funds are issued. In this case, this rule will also apply. 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 reserves the right to leave after 6 months for every worker. Despite the fact that, after this period, employees are often given the opportunity to use only half of the allotted rest time.
Labor activity involves not only receiving monetary reward (salary) for completing a volume of work, but also a certain number of days allotted for rest (recuperation). Labor legislation mandatory guarantees citizens the right to paid rest, but there are some subtleties that should be known and taken into account when resolving such an issue.
In the first year of work, a worker has only one thought - when is the first vacation due? Often, a small number of employees know how to properly process and in general when they can start processing documents in order to take the first vacation after getting a job. There are often cases when an employer deliberately violates the rights of his subordinates.
In order to avoid such situations and not become an injured party, a citizen should familiarize himself with some of the intricacies of registering the desired paid vacation and the accompanying procedures.
When is vacation due at a new job? The TC serves as a guarantee of receiving paid non-working days after 6 months of work at a permanent place. Most often, an employee is given leave in the first year of work in the seventh month. labor activity from the day it was officially registered in its new location.
Many people mistakenly believe that the duration of vacation for the first year of work is only two weeks. It would be logical to ask the question: “So how many days are provided for vacation after six months of continuous activity at the new workplace?” In fact, vacation (regardless of the duration of work) must be at least 28 days (provided for in Article 115 of the Labor Code).
This is your statutory right to use holiday for your first year of employment. It is also worth knowing that it is not at all necessary to go on a long-awaited vacation after six months of continuous work, you can stay and continue to work, but ask (you have a legal right prescribed by law) compensation payment in monetary equivalent for the unclaimed vacation period.
Attention! Your employer may allow you to take paid time off before your six-month term of employment, but in this case some amount will be deducted from your vacation pay (for days not worked).
How to go on vacation earlier?
An employee can go on vacation without waiting six months, but only if this is approved by the employer himself, and there is someone to replace the future vacationer. You should know that there is a category of employees who are entitled to rest, regardless of the duration of cooperation at a given enterprise (guaranteed by Article 122 of the Labor Code). These include:
- minor citizens;
- pregnant women can take a vacation period before or after maternity leave;
- employees who adopted a baby who was not yet three months old;
- an employee whose spouse is on maternity leave;
- a person working part-time;
- an employee who was a liquidator of the Chernobyl, Chelyabinsk nuclear power plant accidents or is a victim of this tragedy;
- some other employees (specified in the Labor Code of the Russian Federation and some other legal acts);
- military spouses.
Note! The above categories of employees can take a vacation period of up to 6 months (Labor Code of the Russian Federation), but for this you must write an application. Please keep in mind that the employer does not have the right not to provide the requested rest to the above categories, even if it is not possible to replace them during the non-working period.
Competent document execution
Any worker in a new workplace, having worked for 6 months permanent job at one point of the enterprise, has the legal right to the first vacation: basic, if provided, additional or (if necessary) extended or other types of paid vacation provided for and prescribed in the terms of the employment contract and not contrary to labor legislation. Many employers are sure that after 6 months of work, the vacation period is due in parts.
Attention! Remember! The duration of a non-working paid term per year should not be less than 28 days (specified in Article 115 of the Labor Code).
At the same time, the legislation does not prohibit it from being issued in advance for the first working year of activity. There are often cases when a person quits before the period during which the vacation has already been taken off; the employer has the legal right to deduct from the salary any excess of the entire amount of holiday pay paid to an individual(specified in Article 137 of the Labor Code). Approximately the amount of deductions is taken at 20% of the salary (specified in Article 138 of the Labor Code).
Attention! You should know this! An exception to the above will be additional (special) paid non-working time. It is applicable to employees working in hazardous/harmful forms of work. This type of rest is proportional to the actual (real) work time (see Article 121 of the Labor Code).
Example of a vacation application
How does this happen in enterprises?
All workers at a particular enterprise go on paid non-working periods of time according to a pre-drawn vacation schedule. This document is drawn up at least 2 weeks before the official end of the current period; the procedure for its preparation is prescribed in Article 123 of the Labor Code.
What do they do with new employees who have been hired after officially drawing up a document on vacation periods? Of course, no one will change the schedule, and new employee, after a certain period, writes an application for his first prescribed vacation.
The director of the enterprise gives permission for rest (and he has no right to refuse) or it is possible to agree in advance on the time of the paid non-working period with the new employee. These changes are simply made to the main schedule (this is not prohibited by law).
Every worker has the right to rest days, while the employee 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 the person?
Yes, the right to vacation, which arises for an employee after six months of work in a new place, does not depend on legal form activities of the employer (individual entrepreneur, LLC, JSC), on the work schedule and the amount of earnings. Vacation is due to all workers without exception, including those.
The employer does not have the right to transfer an employee to another workplace or, as well as deprivation of his vacation benefits. This point is clearly explained in Article 114 of the Labor Code of the Russian Federation.
Note! There is some nuance. The right to vacation is available only to those persons who are officially registered with the company, that is, with the conclusion of an employment contract, a mark in the work book and other norms provided for Russian legislation, and nothing else.
Agency and civil law contracts do not establish labor Relations, therefore 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 settling in a new place is annual rest required?
When does an employee have the right to apply for leave, or more precisely, after how many months can he take it at a new job? The first right to rest days arises for the employee after six months of work. That is, after this time, a newcomer can calmly ask for leave. This makes it clear.
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.
It is a very common misconception that after six months an employee can only ask for two weeks of rest. This is a fallacy and has nothing to do with the law.
However, a request for 28 days of vacation may be immediately refused. At the same time, no one will punish the employer. Indeed, in some areas of activity, a long absence of specific employees can have a detrimental effect on the work of the organization as a whole. In this situation, you should not go into conflict with your employer; it is better to negotiate peacefully and come to a common denominator.
Reference. There are enterprises that may use a special type of leave. In this case, all the nuances must be indicated in employment contract.
Payments to 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 an employee has worked for six months
So, we looked at when and how vacation is given at a new job, whether it is possible to take it ahead of schedule or whether it will be possible to go on vacation only after six months. To summarize, we note that When signing an employment contract, each person must pay attention to its contents. After all, the contract may provide individual system providing days of rest after hiring and other features regarding when and how vacation is provided.
You should always carefully study all documents that employees submit for signature. personnel service. Otherwise, there is a chance to encounter unpleasant and unexpected moments associated with the provision of leave.
In general, the right to annual, additional and other types of leave for a newly hired employee appears six months after employment (Part 2 of Article 122 of the Labor Code). This period means a continuous period of work in one organization. Although, to be precise, the Labor Code of the Russian Federation does not prohibit the provision of vacation in the first year of work and until the end of this period. This depends solely on the decision of the manager, the availability of free employees and the production situation.
Also, a new employee has the right to take one day off at any time before the end of the six-month period. This day will be calculated from the future vacation and paid at the same time. Concerning probationary period, its duration may not be included in the required six-month period. This fact is reflected in the employment contract, which is why it is required to read it carefully before signing.
Schedule
As Art. 123 of the Labor Code, a document defining the procedure for employees to go on vacation in the next calendar year, is drawn up in December of the current year before the 17th. Therefore, persons hired after the schedule was approved and who have worked for the required 6 months have the right to request rest in any of the remaining periods of the working year. Its countdown begins from the month of employment in this organization.
If an employee wants to go on vacation in a month falling in the next calendar year, this is simply recorded in the new schedule. Otherwise, he needs to submit an application addressed to the director. Alternatively, you can draw up an additional vacation schedule, agreed upon with other employees or the chairman of the trade union. The employee is notified of the date of retirement no later than 14 days before it occurs.
Refusal
Management may not agree with the employee’s choice and (referring to production need or lack of replacement). This does not contradict Labor Code, if the alternative proposed by the director concerns a month included in the employee’s working year, since the right to compulsory rest, provided once a year, will not be violated. Depriving him of this right, namely, postponing his vacation to the next working year, can only be done with the consent of the employee. This will be justified in critical cases requiring the mobilization of the entire staff (Part 3 of Article 124 of the Labor Code).
It is advisable to familiarize the employee with the decision as tactfully as possible, citing specific reasons that impede his intention. So that he does not have a desire to exercise his other right - to contact State inspection labor.
Privileges
In Art. 122 of the Labor Code provides for some situations that determine how leave is granted in the first year of work at the request of an employee. In these cases, the refusal will not be legal, regardless of the amount of time worked (even if it does not reach six months), the opinion of the director and the workload of production. These privileged persons are the employees:
- under eighteen years of age;
- those planning to go on maternity leave or who have just returned to their duties after it (Article 260 of the Labor Code, paragraph 20 of Post. No. 1 Supreme Court dated January 28, 2014);
- who have adopted a child under three months of age;
- whose spouse is on maternity leave (Article 123 of the Labor Code);
- in whose upbringing (care) is a minor child with a disability (Article 262.1 of the Labor Code);
- mentioned in other federal laws(veterans, military spouses, part-time workers).
Duration
Art. 115 of the Labor Code establishes a specific number of vacation calendar days (excluding holidays) per year; this quantity cannot be lower than 28. Providing leave in the first year of work with it being cut in half or otherwise, with the remainder being issued later, is possible only with the consent of the employee (Article 125 of the Labor Code). This rule does not apply to additional leave provided in industries with working conditions characterized by increased danger and harm to health. The duration of this depends on the amount of time actually worked (Article 121 of the Labor Code) and is usually 10 days per year.
note
An employee can resign both after the vacation and during it. In law, vacation days are counted towards the work done - it is only important to submit your resignation letter on time. Read more in this
If the employee is dismissed before the end of the working year, his salary can be reduced by the amount of vacation pay received for all days on which work was not performed (Article 137 of the Labor Code, paragraph 2 of Rules No. 169 of the NKT of the USSR of April 30, 1930 ). Here you need to take into account that the total amount of all deductions should not exceed 20% of earnings (Article 138 of the Labor Code). This is the reason for the impossibility of fully collecting debt from an employee in some cases.
Decor
If leave is issued on the basis of an application, it must be confirmed by the director. The next step is to issue an order in form T-6, containing information about the temporary limits of leave and the employee’s personal data. The accrual of earnings for rest days is reflected in the T-60 form. Entries are also made in a personal card and time sheet, taking into account the time spent at work.
Payment
Vacation pay is calculated from the amount of average wages taken for one day. It is usually calculated based on earnings accrued over the previous 12 months. When the first leave is granted, according to the Labor Code, the beginning of the billing period is the date of entry to work. And its end, accordingly, is the day preceding the date of going on vacation (clause 4 of the RF Government Regulation No. 922 of December 24, 2007). Thus, the average salary will be determined based on the actual time worked.
More information can be obtained by asking questions in the comments to the article.
