How to calculate vacation in accordance with the law

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

According to the legislation of the Russian Federation, any citizen working under an employment contract must receive his vacation days. How to calculate vacation is spelled out in the Labor Code. There are all the rules and obligations of the employer and employee. Granting a vacation under the Labor Code is getting a rest time free from work duties, in which the employee retains his position and salary.

How to calculate vacation? First you need to calculate the employee's vacation experience. This experience is the period for which leave is granted. Another name for it is the working year. These are just different names for the same period for which holidays are provided. However, sometimes accountants mistakenly believe that the period for which vacation is granted is a calendar year. This is not true, because it is provided to the employee precisely for the working, and not the calendar year. A working year is 12 full months from the day a person is hired. That is, the employee begins to earn the right to annual leave from his first day of work with you.

Despite the fact that the employee has a vacationis counted from the moment an employment relationship arises with him, the employer is not obliged to give him vacation days immediately. The right to use them for the first worked year arises for the employee only after six months of continuous work in the organization, including periods counted as vacation experience. Article 122 of the Labor Code does not say that the employee has the right to receive, and the employer is obliged to provide him with leave after 6 months worked. Here we are talking about something completely different - that only six months later the new employee receives the same rights as the rest, regarding the opportunity to take him off. However, with the permission of the manager, it may be granted to an employee who has been with the organization for less than six months.

How to calculate vacation in ambiguous situations? There are employees who have the right to go on vacation even in the first year of their work, without waiting for the end of 6 months, and the employer will be obliged to provide them with it. These include, for example, women before going on maternity leave or immediately after it, minors, part-time workers.

How to calculate vacation correctly? According to the Labor Code and other regulatory documents, an employee is not required to take all 28 calendar days off at once without breaking into parts. It is not prohibited by mutual agreement to split the vacation, however, subject to the condition that the minimum duration of one of the parts must be equal to 14 calendar days.

As for how to calculate the rest of the vacation days, nothing is said in the TC. In controversial situations, this issue can be resolvedindividually with each individual employee. For example, an employee can take 5 calendar days, not counting days off, to extend the vacation. Or, conversely, with a large amount of work, the employee can take the remaining vacation for 2 calendar days, which fall on Saturday and Sunday. Consequently, each leader makes his own decision, which is desirable to be fixed in the regulatory local act of the organization.