Advice 1: How to calculate vacation time

According to Russian labor law, all persons working under employment contract are entitled to annual paid leave of a duration of 28 calendar days. The employer is required to retain the employee's place of work and wage. The number of days of vacation can be increased, for example, in the case of work with hazardous and dangerous conditions. The rest can be given after 6 months of continuous operation. How to calculate the number of days statutory holidays?
How to calculate vacation time
You will need
  • - the sheet of accounting of working time.
First I should say that the annual paid leave of the employee can be divided into parts, one of which shall not be less than 14 days. Also in the calculation of vacation, public holidays should be excluded from it. For payment they not subject.
The first thing you need to do is to determine the period for which the vacation is granted. The "start point" is the first work day after employment, and if you have already used the yearly vacation, the first working day after the holiday.
Add up all the days when you were at work. Add the days of forced truancy, weekends and holidays, and also the time when you were absent from work for a valid reason less than 14 days.
Under the Labour code, the duration of the annual vacation of 28 calendar days per working month employee relies 2.33 day of rest. This figure is derived as follows:28 days/12 months=2.33 day
Thus, to calculate the number of days allotted vacation 2,33 multiply the number of months worked in the period. What to do if the month is not worked out completely? In this case, you must round a number, that is, if you worked in the month to 15 days, include him in seniority, and Vice versa.
For example, the employee worked for the company for six months, while in the same month he was absent from work for 10 days for a good reason. A vacation that is put to him for the year is 28 calendar days. Thus, the calculation of the position of rest will look as follows: 6 months*2.33 day=13,98. According to Rostruda, rounding the resulting number can only be in a big way. The employee on leave with a duration of 14 days.
Useful advice
Remember that the calculation of vacation shall be made no later than three days before it starts.

Advice 2: How to calculate vacation days

Vacation – long-awaited time, but not all and not always know, how should these long-awaited days to pay and provided. Detailed rules of calculation prescribed in the Labour code, however, as with any enactment, the Code is difficult to understand, so the main provisions regarding the calculation of holiday we will explain.
believe vacation days
The right of every employee to paid annual leave enshrined in the labour code (article 114). It should be noted that the days of leave are not calculated and are provided in accordance to legal standards developed for each activity. Even in the presence of semi-annual work experience will erasethe days ofku may be granted leave (article 122 TC RF, part 2), at least 28 calendar days (in accordance with article 115 of the labour code), less so ondaysCove.
However, in some cases, may grant leave to groundwork a minimum of experience, at the discretion of the firm's management, by mutual agreement of the parties. Also allocated a special category of citizens, at the request of which the organization is required to provide vacation days in advance (minors, veterans, Chernobyl veterans, wives (husbands) of servicemen, women before maternity leave, etc.).
For certain categories of citizens, the law provided extended main vacation, for example: for minors (31 KD), for employees of educational institutions (from 42 to 56 K. D.), health workers (36 working days), for persons with disabilities, state and municipal employees (less than 30 KD), for scientific'll erasethe days ofcov (36-48 R. D.), etc.
Special categories erasethe daysCove provides for additional leave in addition to the basic annual (article 116 TC RF); in this case, the holiday days are summarized (part 2 of article 120 of the labour code).
The legislation also provides the possibility of dividing the basic annual leave for part (article 125 of the labour code), by agreement of the parties, with one of the parts must be at least 14 calendar days. In agreement with the user, the remaining days erasedaysto can use on your own, it's also possible to overrun the allocated vacation days, by deducting them from the next annual leave.
The employee can request the beginning of holiday after the weekend or it ends before the weekend, which essentially increases its duration (article 120 of the labour code).

Advice 3: How to determine the period of leave

The sequence of granting of holidays organization in accordance with article 123 of the TC RF establishes a special schedule for a strictly standardized form. Such a schedule is always done as a local normative act. It is binding on both parties - the employer and his subordinates.
How to determine the period of leave
Are you an employer and don't know how to normalize the order granting leave and to determine their periods for their employees? First, make a point about the mandatory use of vacation according to the schedule in the work rules and fix this provision in employment contracts. Second, making a schedule, notify about the time of the start of the leave for each employee under the painting. When scheduling vacations, consider particularities of the classification of holidays according to the Labour code.
There are the following types of leave:
- paid annual (basic and additional);
- leave without pay;
- educational leave;
- leave for pregnancy and childbirth;
- leave to care for a child;
- leave to employees who adopt children.
When scheduling vacations, keep in mind that certain categories of workers, the duration of the holidays are different:
- workers under the age of 18 vacation - 31 calendar days;
- seasonal workers - 2 days per month of work;
- employees with disabilities (of any group) is not less than 30 calendar days;
- teaching staff vacation 42-56 calendar days;
- workers associated with work with chemical weapons - 49 and 56 calendar days;
- professional emergency rescue services and units is 30-40 days.
Analyzing the structure of employees in your organization, identify the category of those persons who are on vacation.
- all employees (including part-time: article 287 of the labor code);
- seasonal workers (article 295 of the labour code);
- persons working under fixed-term employment contracts for up to 2 months (article 291 of the LC RF);
- homeworkers (article 310 of the labour code).
The holidays can be provide after 6 months of work without interruption. The period of probation in this half-year included.
By agreement of employer and employee the leave can be granted before the expiration of 6 months (article 122 TC RF).
Legal leave (28 working days) includes non-working days. The exception of public holidays.
If the employee does not want to lose a few weekend days included in the period of 28 calendar days, he may divide it into two parts. But in this part must include at least 14 calendar days.
Useful advice
The vacation schedule is approved taking into account opinion of the trade Union body, if any in the organization two weeks before the onset of the calendar year.
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