What a vacation could be like
There are several types of vacation:
- another paid one. This is the main leave to which an employee who has worked in the organization for at least 6 months is entitled. In accordance with the Labor Code of the Russian Federation, this vacation is 28 calendar days;
- vacation at your own expense, that is, unpaid. The basis for this type of vacation may be personal reasons: marriage, death of a loved one, birth of a child, etc.;
- training. This leave is required by the employee if he is pursuing education. During such leave, the average salary can be maintained only if the university degree is the first. To confirm that there is a need for such leave, you need to bring a certificate of summons from the educational institution to the manager;
- maternity leave (for pregnancy and childbirth). Provided to a woman on the basis of a certificate of incapacity for work from a medical institution. The certificate of incapacity for work must be filled out correctly and contain the signature of the attending physician.
Vacation period rules
The main provisions related to obtaining leave are found in Chapter No. 19 of the Labor Code of the Russian Federation.
There are several categories of vacation, which differ in duration, reasons for provision and payment features. The vacation period is:
- Annual paid – lasts 28 days and is issued on the basis of the approved schedule of the enterprise;
- Additional paid – guaranteed to citizens who perform official duties under special conditions;
- Academic – received by students of universities and other educational institutions;
- Without payment of earnings - issued for personal or other valid reason;
- Maternity leave (for pregnancy and childbirth) - the average duration of leave is 140 days, provided to women upon presentation of a sick leave certificate;
- Child care – used not only by parents, but by any family member who has expressed a desire to take leave for this reason.
When to notify the employer?
If a person works at an enterprise for more than one year, he must be included in the vacation schedule. In this case, written notification to the director will not be required. New employees are required to notify company management of their vacation no later than 14 days before it begins.
Note! Each enterprise has the right to independently set the deadline for submitting an application. This provision is fixed in the employment contract or other internal acts.
The employee must submit the prepared application for the next paid leave for consideration to the manager. The director's decision is formalized in the form of an order to provide legal rest to the employee.
Is it possible to divide the vacation period?
According to Labor Law, the standard duration of rest is 28 days. The exceptions are minors, civil servants, specialists employed in hazardous work, and disabled people. These categories of citizens can count on extended holidays. The employee is given the opportunity to share the vacation. Moreover, one of its parts should last at least two weeks. The second half is divided into any time periods.
The order is in the schedule
Every year, vacation schedules are formed at each enterprise. Applying for permission to rest during a specific period is the basis of the schedule. This schedule has several goals. Firstly, the employees themselves know who will replace whom. Secondly, this allows you to avoid widespread vacationing in one period. Thirdly, the employer has the opportunity to plan a budget, because paying vacation pay requires reserving money.
Once the schedule is formed and approved, the work does not end. Each employee is notified of the upcoming vacation two weeks in advance. The employee does not need to do anything, so the question of how to write a vacation application does not arise. You just need to sign the order issued by the organization.
Execution of statements
This is an important part of personnel work. After the application is signed by the employee and registered in the nomenclature journal, it must be agreed upon with the head of the company. A printed leave order can be immediately attached to the application, but the HR officer will register it only after the application has been agreed upon by the director.
As soon as the application is agreed upon, the employee must sign the leave order. Now you can consider the documents completed and you can rest with a pure soul. The order with the application is inserted into the nomenclature folder, and the vacation data is entered into the T-2 card.
Features for new employees
The right to rest is enshrined in the Labor Code of the Russian Federation for everyone with whom an employment contract has been concluded. According to the law, it is enough to work for six months to go on vacation. If the schedule has already been approved, then the rest is provided out of sequence. To do this, you must submit a correctly drawn up vacation application addressed to the manager, which must be endorsed by him. If the administration has no objections, then it is transferred to the HR specialist to issue an order.
The law does not contain rules on how to correctly write a vacation application, so you can compose it in any form, making sure to indicate the desired dates. This does not mean that this particular period is agreed upon, but usually wishes are taken into account.
How many days in advance is a vacation application written?
The deadline for writing a vacation application regarding its date is not fixed by law.
However, the employer has the right to prescribe in local regulations the exact number of days after which an application for leave must be written. Based on the fact that the organization’s accounting department is obliged to accrue vacation pay no later than 3 days before the start of the vacation (in extreme cases no later than 1 day), we conclude that the employer must still see the application 4 days before the vacation. Taking into account the scale of the organization and the number of approving persons, we recommend that you take care of writing an application in advance in order to calmly go on vacation with accrued vacation pay.
How to make an application
There is no legally approved vacation application template, but some wording or data is important. To avoid being rejected, use a sample on how to correctly write a vacation application in 2020.
The application is written on an A4 sheet by hand in blue, purple or black ink or printed using a computer. The leave application must have the following structure:
- A cap. In the upper right corner we indicate the full name. and the position of manager. Usually this is the general director (for example, the general director of Romashka LLC, D.M. Vasilkov). We also indicate your full name. and the position of the compiler.
- In the middle of the page we write “Statement”.
- Next comes the main text requesting leave. Indicate the type of leave, the start date of the leave and the number of days. If the leave is unplanned, the reason for it is indicated.
- At the end there is the date of writing the application and the signature of the originator with a transcript.
The vacation application is submitted to the manager, who must endorse it. If you go on vacation without approval, it will be considered absenteeism.
How to write a statement correctly
Filling out this document manually or on a computer is the choice of the applicant himself. Both options are allowed. It is recommended to adhere to the generally accepted structure of the application:
- there should be a “header”, it indicates the company, manager, applicant;
- The title of the document “Application” is written in the center. There is no dot after the name;
- then comes the body of the article, where the applicant must briefly, but as clearly as possible, explain the essence of the application. When receiving leave, you can indicate an article of the Labor Code that guarantees receipt of paid leave. However, it is not necessary to indicate it at all. You can specify the period for which you would like to receive leave;
- In addition, the document must have a date. Under the text, the applicant puts a signature with a transcript.
( Video : “Labor Code of the Russian Federation, Article 124 Extension or postponement of annual paid leave”)
The law does not establish specific deadlines within which an employee is required to submit an application. Although this may be determined by the internal rules of the organization. You need to understand that the law obliges accounting employees to accrue vacation pay on time. They have three days to do this before the start of the day off. It is in your interests that the accounting staff have time to fulfill these obligations. Therefore, you need to submit your application at least four days before your planned vacation. At large enterprises this may not be enough. Therefore, try to submit an application to the manager in advance so that the accounting department can begin processing. This way you can get vacation pay and rest easy.
Sample application for study leave
To the Director of the State Budget Educational Institution of Children's and Youth Sports School "Allur"
Ivanov I.I.
from the Deputy Director for Methodology
Akhmetova A.A.
Statement
I ask you to grant me leave from July 1, 2020 for 24 (twenty-four) calendar days with pay to take a session at St. Petersburg State University.
Appendix: reference call No. 520976 dated June 18, 2020.
Akhmetov A.A.
20.06.2019
Examples of forms
An employee receives unpaid leave for various personal reasons.
The period of absence from the enterprise is negotiated between the manager and subordinate on an individual basis. The director of the organization has the right to refuse an employee leave at his own expense, except for the cases provided for in Art. No. 128, No. 173, No. 286, No. 319 of the Labor Code of the Russian Federation. The main difference between this document is the reason stated in the text. It is not necessary to decipher it, just write the motive.
In some cases, it may be necessary to document the reason for granting an extraordinary leave period.
Sample form:
General Director of JSC "Innovation"
Kruglov S.K.
from an economist
Fedotova L.A.
Statement
I ask you to grant me leave without maintaining the average salary for a period of 3 calendar days from 09/01/18 to 09/03/18 inclusive, for family reasons.
Fedotova L.A.
August 13, 2018
Signature
Academic holidays are intended for working students. The main document on the basis of which the order is signed is a certificate - a call from a general education institution. As a rule, this document indicates the time for which the student is called. At the request of the employee, the duration of the vacation period can be reduced.
A sample application for study leave looks like this:
And about. Director of Medea LLC
Gorbunov M.P.
from an accountant
Kruglovoy O.S.
Statement
I ask you to provide me with additional leave with preservation of earnings to take a fourth-year session at the Moscow Humanitarian University named after M.A. Sholokhov from 02.12.2018 to 02.26.2018, on the basis of a certificate - call No. 342-G/2018.
Kruglova O.S.
Signature
There are situations when a person decides to leave his position on his own initiative, having previously taken advantage of the allotted days of rest.
To do this, he must prepare an application for leave with subsequent dismissal. This means that the last working day will be the end date of the vacation period.
Sample document:
Managing Director of JSC Mir
Voznesensky I.P.
from the translator
Gulyaeva M.N.
Statement
I ask you to provide me with annual paid leave from 06/04/18 for a period of 10 calendar days, followed by dismissal at my own request.
Gulyaeva M.N.
Signature
Russian legislation allows working citizens to take days off as part of their vacation. The maximum duration of a “weekend” is three days. Additional rest time is paid in full. In order to take advantage of time off, you will need to notify your manager in writing.
Sample document:
To the head of Sfera LLC
Sergeev M.B.
from the warehouse manager
Mikhailova P.O.
Statement
I ask you to provide time off from 07/05/18 to 07/07/18 on account of the next paid leave for family reasons.
Mikhailov P.O.
Signature
Note! Additional days off are provided to employees who have worked for the organization for more than 6 months.
If the administration pays
Vacation periods are annual at the expense of the employer. The minimum duration of one part is two full calendar weeks. But besides them, employees often request leave without pay. There is no sample application for annual paid leave in the legislation, therefore, it is drawn up in any form. Like any other petition, it must contain the details of the applicant and addressee, the number of days of rest and its type.
But you don’t always want to go for a walk all the days at once. If the employee intends to break this period into parts, then one of them should not be less than 14 days. Therefore, you will have to take at least 14 days off once, and the remaining days can be divided into convenient periods.
Without salary (at your own expense)
According to the law, every employee has the right to receive exemption from work for family reasons for the following period:
- up to five days - to all employees;
- up to fourteen days - for employees of retirement age;
- up to thirty-five days - for combat veterans;
- up to sixty days - for employees with disabilities.
The document is drawn up according to a standard template. The management has the right to demand a certificate that would confirm the reason for the need to receive leave. In case of their absence, unpaid leave is not provided. If the employee does not show up for work during this period, this will be recorded as absenteeism, and he will have to face administrative proceedings up to and including dismissal.
The employer independently decides whether to grant an employee leave of absence from work unless the reason relates to, for example, family circumstances. The employee draws up a document in a standard form. The text is formatted in any form.
After drawing up the application, an order is issued indicating the number of days of rest and the fact that they are not paid. The employee must sign confirming that he has read the contents of the document. After this, the order is approved and the employee can officially use his vacation during the specified period.
Management does not have the right to send staff on unpaid leave in order to save money. This will result in a fine and administrative liability.
Example document:
To the head of LLC "Central"
Zakharchenko A. S.
from the seller
Maksimova A. Yu.
Statement
I ask for unpaid leave for the period from October 7 _____ to October 12 _____ to resolve personal problems.
Date: 05.10._____ Signature: Maksimova A. Yu.
We're hanging out on our own
In addition to paid leave, you can ask for leave at your own expense. In this case, an application for leave without pay is drawn up. Anyone has the right to take a break at their own expense. The duration is determined by the parties, but there are also restrictions on the number of days that can be rested without payment. For example, pensioners can additionally rest once a year for 14 days, similarly - spouses and parents of deceased military personnel (Article 197 of the Labor Code of the Russian Federation of December 30, 2001). Disabled persons can claim 60 additional days per year at their own expense. Who else can be provided with additional days without payment:
- WWII veterans, combatants and Afghans - 35 days a year;
- for passing entrance exams, sessions, diploma defense - 15 days;
- for teachers with more than 10 years of experience and civil servants for scientific activities - 12 months (Article 46 of Law No. 79-FZ).
In these cases, you must submit an application to your employer. Use one of our samples, such as a sample on how to write a 14-day leave application in 2020.
There are also exceptional circumstances when the administration is obliged to release an employee without pay. For example, if a child is born, then you can walk for five days. Likewise in the case of a wedding or death of a close relative. You will have to contact your employer in writing. But the circumstances must be proven by attaching a certificate of birth or death, a certificate of marriage registration with a note on the appointed date.
When to write
According to the norms of Russian legislation, a statement will have to be drawn up in cases where an authorized absence from work is planned. Therefore, every employee planning to go on annual, educational, maternity, unpaid or any other leave is required to submit a corresponding application to the manager. The functional purpose of this document is to initiate the process of drawing up an appropriate order, which will legitimize the specialist’s absence from the workplace and serve as the basis for the payment of funds due to him. In some companies, there is a practice according to which an employee who goes on vacation as scheduled does not write a statement. According to experienced personnel officers, this approach is fraught with certain risks associated with possible claims from inspection bodies, as well as incorrect calculation of the amount of vacation pay and their untimely payment. Also see “How to calculate vacation pay? Examples and formulas."
According to the norms of Art. 121 of the Labor Code of the Russian Federation, an employee is obliged to provide the employer with an application for annual basic paid leave no later than 2 weeks before the expected start date. You can write it in any of the following ways:
- typewritten;
- by hand - blue, purple or black ink;
- using copying equipment.
The only condition: the document must be certified by the employee’s handwritten signature.
What time to submit an application?
When you apply for vacation, you need to understand how many days in advance to submit it. Any rules are specified only for those who have a scheduled vacation. In this case, the employer himself reminds you two weeks in advance that it is time to rest. And in this case you don’t even need to write anything.
But for those who want to rest without pay or outside the schedule, the law has not established a deadline for submitting a written application. Usually such an issue is resolved in agreement with management. In some cases, they may release you the next day (if you need a vacation at your own expense). But, as a rule, it takes time to issue an order and find a temporary replacement for the employee who will be absent. Therefore, it is customary to apply at least two weeks in advance.
for unused days for previous periods (year)
If the employee did not use paid leave in the current year, then it is not lost or burned out, but is transferred to the next year.
It can be added to the vacation for the next year or provided separately.
If unused vacation for previous periods was not included in the schedule, then to use it, the employee writes an application, the text of which should indicate for which particular working year the applicant wishes to receive vacation.
A working year is not a calendar year, but one that begins to be calculated from the date of joining the organization.
Download an application for leave for previous periods (year) - sample.
On leave with dismissal
If an employee has unused vacation days and plans to quit, he does not have to receive compensation and work two weeks. Instead, you can go on vacation and never return to work. If, of course, you have at least 14 vacation days left. If there are fewer of them, then you can try to negotiate and reduce the work for this period. But providing a vacation period followed by dismissal is the right, not the obligation of the employer.
If the organization agrees, you will also need to write an application for leave with subsequent dismissal. And in some cases, it depends on the rules that are established in the organization; they are asked to prepare even two separate appeals: one about granting rest, and the second about dismissal.
You can find out more and download sample documents in the following articles:
- how to apply for leave followed by dismissal;
- sample application;
- sample order.
A few days on account of the main vacation
The leave application form, if you plan to request only a few paid days from your employer, looks like this:
- The first and second points should be repeated, as in the previous case.
- The main text is “Please provide me with 1 day of vacation credit from __ __ ____.” If you need several days, then indicate a specific period (from what date to what date).
- The application ends with the employee’s signature and the date the document was drawn up.
It is important to note that the employer is not obliged to provide such leave; it is solely his right: to release the employee or to refuse him this.
Ecological holiday
5. Social contributions to the Fund are not paid from income established by: 2) paragraph 1 of Article 341 of the Tax Code, with the exception of income specified in subparagraphs 9), 10), 12), 14), paragraph six of subparagraph 17), subparagraphs 19), 20), 21), 27) paragraph 1 of Article 341 of the Tax Code;
13) payments in accordance with the laws of the Republic of Kazakhstan “On the social protection of citizens affected by an environmental disaster in the Aral Sea region” and “On the social protection of citizens affected by nuclear tests at the Semipalatinsk nuclear test site”.
Application for paid annual leave (sample)
1. Responses of government bodies to specific questions from citizens and organizations in various sectors of activity. 2. Your practical source for applying the law. 3. The official position of government bodies in specific legal situations requiring decisions.
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Environmental leave for an employee
On January 20, 2009, the employee wrote an application for 10 days of environmental leave (Eastern Kazakhstan). If the employer agrees to provide him with environmental leave for 2009 upon application (in advance, since the period of the next scheduled labor leave has not been worked out), then in the event of the dismissal of this employee, can the employer withhold the vacation pay paid in advance and how should this be formalized. It may be possible to do this by paying off the days of the next vacation (in proportion to the time worked), when calculating compensation for unused vacation days
If environmental leave is provided by agreement of the parties, upon termination of the employment contract, the vacation pay made is not reimbursed by the employee. Since, according to the law, it is social support for the population living in an environmental disaster zone. Executor Zhumagulov Bagdat Sadvakasovich - Chief State Labor Inspector of the Committee for Control and Social Protection.
Additional environmental leave
According to Article 107 of the Code, the priority of granting paid annual leave to employees is determined by the vacation schedule approved by the employer taking into account the opinion of the employees, or is established by agreement of the parties.
1. Payment of additional wages and the provision of annual additional paid leave in radiation risk zones when working in several organizations is carried out under concluded individual employment contracts, which provide for additional wages and the provision of additional paid leave.
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Providing environmental leave
In accordance with paragraph 2 of Article 90 of the Code, when calculating the total duration of paid annual labor leave, additional paid annual labor leaves are summed up
with basic paid annual leave.
We ask you to provide an explanation: If the employee was employed on December 15, 2020, is the employer obliged to provide the employee with environmental leave for 2020 in the amount of 10 calendar days for the entire 2020. If an employee is not provided with 10 calendar days of environmental leave in 2020, is the employer obliged to provide it in 2020 or is environmental leave not provided in 2020 expired and upon termination of the employment contract for an employee who did not use environmental leave for a specific year, is compensation payable for unused environmental leave in subsequent years?
Topic: Annual eco-vacation
Gloria, I’ve read a lot of similar things on the Internet, I’ll say one thing - I won’t tell the personnel officers: “But you go to his questions and answers” or “You go to the caricature-montage forum, another personnel officer described everything well there.” From your excerpt, I understood that environmental leave is given only with the main one attached, i.e. Until the basic one is developed, the ecological one will not be developed either.
My logic is this: if I go on an eco-vacation in the summer in 2020 (according to schedule), then I won’t go again in 2020. And so every year - i.e. and it will turn out the first year after the expiration, the rest year after year (except for 2016) This is where my unspent 9 months come up (((
Who is entitled to vacation?
The list of people affected by the disaster that occurred at the nuclear power plant in the late 80s includes:
- people who lived in the nearby area at the time of the explosion;
- military personnel who were called to the site to conduct evacuation and rescue operations;
- doctors called upon to take part in rescue operations;
- persons whose health was damaged due to the disaster;
- disabled people who received this status due to the development of radiation sickness;
- persons who have lived in a territory classified as an “exclusion zone” for more than three years.
rescuers eliminating the consequences of the explosion;
There are four preferential categories of persons entitled to Chernobyl leave
Also included in the preferential category are citizens who, as part of their duties, must measure the radiation field. In this case, the total experience of such work must be at least 4 years.
The state provides material and social support to such people, providing additional compensation for vacation, financial assistance for health improvement, free trips to sanatoriums, etc. The extent of benefits and the amount of compensation largely depends on the damage caused by the disaster. In total, there are 4 categories of such persons.
Table 1. Classification of categories of benefit persons
Category | Filling | Vacation type |
1 | Disabled people | Paid (from 14 to 30 days) |
2 | 1. Persons who took part in rescue operations and eliminated the consequences of the accident from the moment of the explosion; 2. City residents evacuated at the time of the accident; 3. Children who were conceived during the disaster; 4. Residents of the exclusion zone before 1992, when the law on their forced relocation was adopted. | Paid (from 14 to 30 days) |
3 | 1. Persons who took part in rescue operations and eliminated the consequences of the accident since July 1, 1986; 2. Medical workers located in the exclusion zone; 3. Sanitary workers who carried out work to eliminate the consequences of the disaster; 4. Residents of the exclusion zone who, as of January 1, 1993, had been in this territory for at least 24 months. | Unpaid (at least 5 days) |
4 | This category includes persons living in an area that is under constant control of increased radiation radiation. The condition for awarding such status is continuous residence in such territory for at least 4 years. | Unpaid (at least 5 days) |
According to Article 14 of Federal Law No. 1244-1, persons of categories 1-4 are entitled to additional paid calendar leave lasting from one week to two. The length of leave depends on the benefit category. In this case, the employee can take leave at any time convenient for himself, in a continuous period or in parts. Such leave is allocated for treatment and recovery.
In addition to additional leave, citizens affected by the accident at the Chernobyl nuclear power plant are entitled to other benefits, which can be read about below.
Benefits for Chernobyl victims in 2020
How to fill out an application for additional leave for Chernobyl victims, sample and procedure for submission
· copy of the passport. 3. After accepting the documents and application, authorized employees of the organization create an order in the T-6 form. 4. Based on the order, payment is made from the employer to the employee. Because Vacation compensation is provided from the federal budget; the employer will be fully reimbursed for this amount. 5. The organization creates a package for sharing on social media. population fund. The following documents are also attached to the above documents: In order to qualify for an increase in vacation days for Chernobyl victims, it is necessary to fill out an application of the appropriate form. The application is written in free form, as it does not have a strictly defined form. The application form for additional paid annual leave for Chernobyl NPP participants and a sample for filling out can be downloaded at the bottom of the page.