Vacation from a new job. Is it possible to go on vacation earlier?

When is leave due? new job? By general rule an employee has the right to request leave after 6 months of work under the Labor Code (Article 122 of the Labor Code of the Russian Federation). We are talking about 6 months of continuous work with one employer. True, the employer may refuse to provide such leave to an employee, for example, due to production needs. But in any case, during the first working year, the employee will have to be allowed on vacation at least once. A work year is a year counted from the first day an employee works for a particular employer.

On the other hand, if there is someone to replace the future vacationer, then the first vacation can be granted to the employee before the expiration of the specified 6 months. This is decided by agreement with the employer.

In addition, there are categories of workers to whom the six-month rule does not apply at all. Before the expiration of 6 months, the first leave after being hired based on the employee’s application must be granted (Article 122 of the Labor Code of the Russian Federation):

employees under the age of 18;
for women - before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation, paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1);
employees who adopted a child under 3 months of age;
to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
one of the parents (guardian, trustee, foster parent) who is raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
to some other employees, not only on the basis of the Labor Code of the Russian Federation, but also other legal acts.

So the answer to the question of how long you need to work to go on vacation is not so clear-cut.

Vacation schedule: when are new employees entitled to vacation?

As you know, the order of granting vacations to employees is determined according to the vacation schedule. It must be completed no later than December 17 current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).

If at the end of the year you have an employee who has been working in the organization for less than 6 months, then when creating a schedule, you should plan vacation for him during his first working year. And if it turns out that he has the right to go on vacation before the end of six months of work (as in the case when a husband asks for leave during his wife’s pregnancy), then changes will need to be made to the schedule.

Duration of first vacation

If the first vacation is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, an employee’s annual paid leave must be at least 28 calendar days(Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months under the Labor Code or more long term, because providing vacations in advance is not prohibited. Therefore, this issue is resolved in practice, again by agreement between the employee and the employer.

It must be taken into account that an employee may resign before the end of the working year for which he or she has already taken leave. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional vacations, approved by the NKT of the USSR on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, employers are not always able to withhold debts from employees in full.

Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid?

How is vacation granted in the first year of work? It is clear that at the request of the employee and in agreement with the employer. How are vacation pay calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for the 12 calendar months preceding the month of the vacation.

And when calculating vacation pay in the first year of work billing period taken from the first day of work of a newly hired employee to the last day of the month preceding the month the vacation begins. And the average daily earnings are calculated.

By law, the first vacation after getting a job can be taken after six months. This rule applies to almost all groups of workers, but there are exceptions that allow you to take a vacation earlier.

Some organizations introduce their own rules for vacation periods in the first year of work, but they must be consistent with the norms Labor Code and don't contradict him.

The employer is obliged not only to provide the new employee with vacation within the specified time frame, but also not to violate the already drawn up priority schedule for those who were previously employed. In addition, it is extremely important to maintain a rational balance between the desires of the employee and the production capabilities of the organization. Taking everything into account and not breaking the law is the main responsibility of the head of the organization.

The right to receive annual paid rest is assigned to every worker, regardless of profession, length of service and level. wages. In accordance with the Labor Code of the Russian Federation, the minimum duration of vacation periods is 28 days per year, which when divided by 12 months forms a figure of 2.33. For each month worked, a person has the right to more than two paid days of rest.

By concluding an employment contract with a new employer, an employee automatically receives all social guarantees listed in the legislative norms of the Russian Federation. His contract specifies all the vacation periods due to him, which may include:

Regular or additional period.
Extended rest, which is required by a number of professions.
Days provided by the employer in excess of the specified norms on his own initiative.

But you can’t take advantage of the right to take paid vacation days right away. This is due to the fact that the employee has not yet actually earned it and, although subsequent rest may be provided in advance, a certain limit of trust must still be created before the employee can fully rest.

Sequence of provision

Employment during the calendar year entails a number of other inconveniences for the employer. So a common question Employers have to prioritize what to do if a vacation schedule has already been drawn up.

A priority schedule must be drawn up by each organization within strictly established time frames. According to Article 123 of the Labor Code of the Russian Federation, this document is always drawn up before mid-December of the current year. All persons working in the organization must be included in it, indicating the start date of the vacation and its duration. Since the law does not prohibit dividing a vacation into component parts, such divisions can be prescribed in the schedule in advance. When a new person arrives, it is inappropriate to redo an already approved document, although this is not prohibited by law. But it’s easier to coordinate the time of care individually. To do this, a discussion between the parties to the labor relationship takes place at a time convenient for both. And the rest itself is provided at the request of the employee.

Required experience

Article 122 of the Labor Code of the Russian Federation regulates the procedure for granting vacation days in the first working year.

In accordance with its norms, an employee can obtain the legal right to rest only after six months of work. The indicated six months are counted in calendar terms and imply that the person has been accepted for workplace and did not terminate the contract during this time. Not only days of actual work are taken into account, but also weekends, holidays, as well as days of illness or business trips. An exception to the general calculation rule may be days taken without pay, if they total number exceeded the legally permissible threshold of 14 days. Missed days are also excluded from the total length of service and delay the right to apply for a vacation period.

After six months, the employee can apply to the management of the organization to request rest days. But not in all cases his request will be granted immediately and in full. Leave 6 months after employment may be delayed if:

There is a production need to fulfill certain labor indicators at this stage.
The waiting list does not allow a person to go on vacation.

Management cannot refuse paid days and is still obliged to send the employee on vacation during the year, but he is quite capable of adjusting the time off.

Duration of vacation period

Article 122 regulates the issues not only of when the first leave can be taken under the Labor Code, but also to what extent it can be taken. In accordance with established rules After six months of continuous work, the employee has the right to request the full period due to him for the year. But how much will the employer approve, taking into account all production factors, this is a separate nuance. Many organizations impose some internal restrictions to avoid giving new hires all the rest at once. Such barriers are related to payment rules. When going on vacation, the employer is obliged to pay for the days provided, however, no one can prohibit a person from leaving immediately after it ends. It is illegal to force an employee to work, but you can return no more than 20% of the accrued settlement amounts, and they are close to zero, subject to dismissal after rest. Thus, a debt may arise, which is extremely problematic to collect from the dismissed person if he does not agree to put money in the cash register voluntarily.

However, organizations cannot legally ban the provision of all leave after six months, so they often refer to other conditions, for example, a busy schedule or impossibility for technical reasons.

Vacation earlier than six months

Not all categories of employees are required to work for six months; some can legally go on vacation before the expiration of this period. Only those employees who are listed in Part 3 of Article 122 of the Labor Code of the Russian Federation can go on vacation earlier. The employees specified in it cannot be denied the exercise of this right; they can go on vacation, even if they have worked in the organization for only a few weeks.

Except mandatory conditions, there is a rule according to which the employer can issue vacation periods earlier deadline. To do this, you just need to coordinate your request with management and get permission to leave. The duration of such premature segments is also negotiated individually, and the required period is prescribed in the order for the organization.

Categories of workers

The following can go on vacation before the six months worked:

Pregnant women before going on maternity leave.
Employees who gave birth immediately after the end of maternity leave according to BiR and before the start of maternity leave for a child up to three years old.
Minors until they reach 18 years of age.
Employees who adopted a child under three months of age.

Article 122 stipulates that other rules may be applied if they are established at the federal level. But there is another common category that does not have a time limit for taking paid annual leave - these are part-time workers. For those working part-time, internal or external, vacation periods are always issued along with the days that are issued at the main place of work. This is an obligation of all employers who have part-time employees. When arranging a vacation for such employees, you should take into account not only the fact that they are not subject to issuance deadlines, but also the fact that the duration must be equal to the main segment. If the due combined rest days do not reach the required limit, then the employee has the right to get them at his own expense.

Notification of the start of vacation

According to the Labor Code, the employer is obliged to notify each employee about the start time of his vacation period according to the schedule. To do this, at least two weeks before the start of the vacation, the HR department prepares a written notification, indicating the dates of vacation specified in the priority schedule. Notification is mandatory, and its absence may result in penalties, and allow the vacationer to reschedule periods to another time at his or her discretion. The employee reads the notice and signs it.

Not in all cases it is possible or necessary to notify an employee. So, when a new person is hired into the organization’s staff, he most likely is not included in the priority schedule, because editing a document because of one person is unprofitable and time-consuming. Therefore, the management of the organization does not send him a notice, but waits for the worker himself to express a request for rest. In such a turn of events, an application is submitted on behalf of the employee, which is agreed upon by the director.

In both cases the last stage documentation is the issuance of an order, indicating the deadlines and ordering the calculation of payments.

Procedure for registration and payment

Vacation days must be paid based on income earned over the last 12 months.

But only those salary amounts that were accrued in this organization are taken into account. That is why it is sometimes unprofitable for the employee himself to arrange vacation periods at the beginning of his career. labor activity at this enterprise.

The accounting department calculates how much compensation a vacationer is entitled to. They take 12 months or less of total income and calculate the average monthly salary. And then this figure is divided by 29.3, which allows you to get the average daily income. This figure is then multiplied by the total duration of the period provided and vacation compensation is obtained, from which the required percentage of personal income tax is deducted.

Payment of accrued amounts is made in the generally accepted manner, three days before the start of the vacation.

What is vacation and who can use it?

Annual leave is a paid break from work that every employee of an organization can take to restore strength and performance. During this period, he retains his position and the average salary.

Persons who are in permanent, temporary or seasonal work can take advantage of the right to labor leave. And also people who carry out their production activities part-time, at home, remotely, etc. The vacation period cannot be canceled or shortened. The rule does not apply to employees with civil labor contracts, such as contract agreements, assignments.

Duration

How many days of leave will be granted to an employee while maintaining his job and average earnings is specified in the organization’s employment contract or is decided on an individual basis in compliance with all labor legislation. Typically, the duration of such a period is twenty-eight calendar days.

As a rule, the procedure for granting vacations allows each employee of the organization to take advantage of annual paid days of rest. This time may be extended in accordance with the Labor Code and company regulations.

Getting extra days off

Additional leave, which preserves the place and average monthly pay, is granted to the following persons:

those involved in hazardous and harmful work activities;
with a special specific nature of work;
with irregular days;
working for Far North or in places with difficult working conditions.

The organization, due to its capabilities - both financial and production - can itself regulate the procedure for providing additional days of rest, even if this is not provided for by labor legislation.

Additional leave is provided to persons working in harmful and dangerous work. These are underground and mining activities, zones of radioactive contamination and other places that negatively affect human health due to the influence of a number of chemical, physical, biological and other factors.

Employees who work irregular hours also have the right to an additional vacation period, the duration of which is determined by the company’s collective agreement. Such rest should not be less than three days. In case of failure to provide additional leave recycling is considered overtime work and is paid accordingly.

If funding for workers with irregular schedules comes from the federal budget, then the grounds for temporary suspension from work are prescribed by the legislation of the Russian Federation. If payment is made by a local government, then the conditions and norms are regulated by the regional government.

Paid leave - both basic and additional - is calculated in calendar days. Has no time limits. Holidays and non-working days are not included in the vacation period and are not paid.

When determining the total duration of the period of temporary disability, additional days of rest are summed up with the days of the main one.

About work experience

The calculation of vacation provided by an organization is calculated based on a number of factors. This:

Period of work in production.
Unable to work time of an employee when his position is retained and annual leave.
Forced absenteeism due to dismissal or removal from work, which occurred illegally, with the future
Other situations when an employee did not show up for work, but these “downtimes” are regulated by a collective and labor agreement or regulatory documents organizations.

The procedure for granting vacations does not include in the length of service the time when the employee was absent from work without valid reasons. This also applies to cases of removal from production process under Article 76 of the Labor Code of the Russian Federation.

Persons who are temporarily unable to fulfill their duties in connection with child care are not entitled to labor leave. Employees who go without pay for a certain period are not entitled to annual paid days off. Especially if its duration was more than seven working days.

Additional days of rest are provided to employees working in harmful and dangerous industries.

The procedure for granting vacations

According to the legislation of the Russian Federation, every employee of the organization is entitled to an annual rest period. In the first year of employment, an employee has the right to temporary release from the production process only after six months continuous experience work. If the employer does not object, then the leave may be granted earlier.

Before the expiration of the six-month period, the right to temporary suspension from work is granted to women before going on maternity leave or immediately after it. Employees under the age of eighteen and people who have adopted children under the age of 3 months, as well as in other situations provided for by law, are entitled to this benefit.

The employee takes the second regular vacation according to the vacation schedule approved by the organization.

Sequence

The annual vacation period is provided in accordance with the organization’s schedule, which is approved by the head of the enterprise and the trade union 14 days before the start of the new calendar year. All employees of the company, including the employer, are included in it. The worker is notified of temporary suspension from work, according to the legislation of the Russian Federation, two weeks in advance.

The procedure for granting vacations allows you to take paid rest days at any time:

Pregnant women.
To a husband while his wife is on maternity leave.
Persons who have adopted a child under 3 months of age.
Employees whose age has not reached eighteen years.
People recalled from work leave.
Parents, guardians or guardians raising a disabled child under the age of eighteen.
Military personnel.
For military wives, along with leave for the military man's husband.
Women with two or more children under the age of twelve.
Single men raising two or more children under the age of twelve.
Honorary donors of Russia.
To the heroes of labor, Soviet Union and Russia, as well as holders of the Order of Glory.

If the employer denies the right to take annual leave at a convenient period, then self-care in the above cases will not be considered absenteeism.

Extension or transfer

Labor leave can be extended or transferred to another period:

In case of temporary disability of an employee.
If the employee performed government duties during the planned vacation.
When an employee of the organization did not receive payment for the required days of rest or was not warned fourteen days in advance about the period of temporary disability.
If the absence of an employee in the current year will negatively affect the production activities of the organization. In this case, it is allowed to transfer days of paid rest to next year, but the vacation must be used within the next year.

A violation of Russian legislation is the refusal to provide an employee with paid leave for two years in a row, as well as the failure to provide paid leave to persons under the age of eighteen and employees whose activities are related to hazardous and harmful species activities.

Dividing the vacation period into parts

It is allowed to divide labor leave into parts by mutual agreement of the parties. Here, at least one part of the annual period of incapacity must be at least two weeks.

Feedback and financial compensation

Recall of an employee from the annual rest period is carried out only with his consent. Unused vacation days are provided at a time convenient for the employee during the current year. The unused portion may be added to the next paid period of suspension.

It is impossible to recall an employee from vacation if his age has not reached eighteen years; women expecting a child; persons whose activities are associated with harmful and dangerous working conditions.

An employee, instead of vacation days that are not included in the main 28 calendar days, can use monetary compensation.

Expectant mothers, employees under 18 years of age and persons whose work activity is particularly difficult, harmful and dangerous are not provided with financial payment in lieu of vacation.

Maternity leave period

A certificate of incapacity for work is sufficient grounds for obtaining maternity leave for 70 calendar days before childbirth (if a woman is expecting more than one child, the period of release from work is extended to 84) and after childbirth - for 70 days. In case of difficult childbirth - for 86 calendar days. If two or more children were born - for 110 days. The calculation of vacation is accompanied by the payment of social benefits, the amount of which is determined by the legislation of the Russian Federation.

The rest period associated with pregnancy and childbirth is accrued cumulatively. Provided regardless of the number of calendar days used by the woman before this period.

Leave for students

Study leave is granted to people for training by the employer or studying independently in state accredited bachelor's, specialist's, master's programs in part-time and part-time forms of study. The organization provides an additional period of rest while maintaining the average salary for certification in the first and second year for a period of up to forty calendar days. In subsequent courses - up to 50.

Leave without pay is also provided:

Persons admitted to entrance examinations.
Employees who are students of preparatory departments of higher education educational institutions for final certification.
For people to pass certification for bachelor's, specialty and master's degrees on a full-time basis.
Workers studying government programs for correspondence education for accreditation. In addition, once a school year the organization fully pays for travel to and from the educational institution.
Persons continuing their studies at a bachelor's, specialist's or master's degree in part-time and part-time forms of study, for a period of up to ten months at the beginning of the state final certification.

The working week here is shortened by seven hours. The period of release from work is paid at 50 percent of the average salary at the place of work, but not less minimum size wages. By mutual agreement working time is reduced by one working day or its duration is shortened.

Guarantees and compensation for employees who study and work at the same time, but do not have state accreditation for bachelor’s, specialist’s or master’s programs, are regulated by collective and employment contracts And.

In this article we will tell you when the first leave at a new job is due in 2018, and what documents will be required to apply for it.

Features of getting your first vacation at a new place of work

The procedure for granting vacations, including those related to initial rest at a new job, is regulated by the Labor Code of the Russian Federation, in particular:

Art. 122 (procedure for granting regular annual leave with continued pay).
Art. 115 (duration of basic paid leave).
Art. 123 (sequence of provision).
Art. 136 (procedure, terms, place of due salary payments employee).
Art. 137 (restrictions on deductions from earnings).
Art. 138 (permissible amounts of deductions from earnings).

Rest with pay for 28 days is provided every year to all employees in accordance with the established vacation schedule. “Newbies” who have worked in the organization for less than 6 months are not entitled to rest. Only after 6 months of continuous work with one employer does the new employee receive the legal right to all types of vacation (regular, extended, additional, etc.).

In some situations, before the expiration of a six-month period of continuous work, the employer may, at his discretion and by prior agreement with the employee, provide him with rest. The described rules apply to citizens working under employment contracts. Those who work on the basis of civil agreements (contracts, etc.) negotiate with the employer about the conditions of rest on their own.

Benefits for the first vacation at a new place of work

Labor legislation defines a category of beneficiaries to whom the employer is obliged to provide basic rest at their request, even if they have not worked for up to 6 months. In addition, some employees are entitled by law to additional days of rest.

Beneficiaries entitled to leave before the end of 6 months of work

Employees entitled to additional days of rest

minor workers (under 18 years of age);

adoptive parents of a child who is not yet 3 months old;

women planning to go on maternity leave, before and after it;

other situations prescribed by federal laws (for example, spouses of military personnel have the right to take leave at the same time, etc.)

Those who work in difficult, dangerous conditions;

minors;

during irregular working days;

employees of preschool, primary, secondary vocational, and higher education institutions

Other leave situations additional days rest, including before the end of 6 months of work, can be registered in local acts organizations.

To take advantage of the opportunity to receive early leave, the vacationer is required to provide the employer with documentary evidence of the right to benefits. The employer does not have the right to refuse beneficiaries, even due to production necessity.

Taking your first vacation at a new job after 6 months of continuous work

The first vacation period at a new place of work is processed in the same way as vacations in subsequent years.

Sequence of actions when taking your first vacation at a new job	Explanations
An employee writes a statement	The writing form is free; deadline for preparation and submission - 2 weeks before the start of the holiday
The application signed by the head of the department is agreed upon with the employer	If the employer satisfies the vacationer’s request, the agreed application is forwarded to the personnel department for the next stage of registration
An order is issued regarding the upcoming vacation on the basis of an agreed statement	The vacationer is introduced to the order against signature or the appropriate notification is sent to him
Calculation and payment of vacation pay	Performs accounting according to orders
Entering information on the granted vacation period into the applicant’s personal card and work time sheet	The procedure for filling out the specified internal documents is the same for all employees and is valid for vacations of all periods (first, second year of work, etc.)

Format of documents required for registration of the first leave at a new place of work

The main documents on the basis of which any vacation is issued are the employee’s application and the employer’s order. The application form must include:

initials, position of the employer;
initials, vacationer's position;
a request for leave indicating the reason;
number of days of vacation and its start date;
an indication of the attached documents confirming the reason for the vacation;
date of writing;
employee signature.

The order is issued in the standard T-6 format or in accordance with another form used in the organization. Read also the article: → "". To display the vacation period in the timesheet, a standard alphabetic encoding is used:

OT (regular with payment);
OZ (at your own expense according to the law);
DO (administrative without payment);
OD (additional with payment);
DB (additional without payment);
P (for pregnancy and childbirth);
OJ (child care up to 3 years old);
U (study with payment);
UD (study without payment).

Calculation and payment of the first vacation at a new job

The calculation of payments for the first vacation is carried out by the accounting department in the generally accepted manner. First, the average daily earnings are determined, then its value is multiplied by the number of days of rest. The pension contribution and personal income tax are calculated from vacation pay.

If the vacationer has worked in the organization for less than a year, then the calculations take into account the salary from the beginning of his work in this organization until the month that precedes the vacation period. In a similar way, monetary compensation is calculated when an employee refuses the required rest or quits.

Vacation at your own expense at a new place of work

Such rest is provided for certain purposes and regardless of the length of continuous service with one employer. The vacationer’s place of work is retained, but he is not paid for his days off (Article 128).

An employee can be provided with rest at his own expense in other cases specified in the collective agreement, local acts of the organization, or in accordance with the regulations in force. federal laws. Thus, the employer can provide leave to the employee during the study session, to prepare for exams, etc., if he combines work with distance learning.

If an employee is studying under a program in educational institution without state accreditation, the employer has the right to refuse him. This point is usually fixed in the employment contract.

Example 1. Providing leave to a citizen hired to a new place of work by way of transfer

Zharkov N.D. was hired by Ritm LLC as an office manager by way of transfer. Upon dismissal, a full settlement was made with the employee, compensation was paid for unused vacation(Labor Code of the Russian Federation, Article 127, Part 1, Article 140, Part 1). Upon transfer, the employee's length of service is not interrupted.

If an employee is dismissed by transfer, then by law unused rest days are not transferred from the previous employer to the new one. The dismissed person is paid monetary compensation or offered to use vacation time and then resign. Therefore, at a new place of work, N.D. Zharkov’s right to vacation arises after 6 months of continuous work (Labor Code of the Russian Federation, Article 122, paragraph 2). Upon agreement with the new employer, the employee can take it in advance.

Answers to frequently asked questions

Question No. 1. How many days of paid rest can an employee take after working for the organization for the required 6 months without breaks?

The Labor Code of the Russian Federation does not prohibit providing paid leave for 14 days, in advance or in full. But this is only possible with the consent of the employer.

Question No. 2. If an employee was given the go-ahead for paid leave in advance, will he be able to resign at will before the period of time for which he was given this leave?

Yes. But upon dismissal, money for unworked vacation days will be withheld from his salary, but not more than 20% in accordance with the law (Labor Code of the Russian Federation, Article 137).

Question No. 3. Is it necessary to include in the vacation schedule the vacation period of an employee who has worked for less than six months?

The vacation schedule is formed at the end of the year. If the employee has not worked for the required six months at this time, his paid leave must be planned, fixed in the schedule, but after the rest. Only the month of rest is indicated in the schedule; the start day of the vacation period is indicated in the order.

If an employee has worked for six months, does he have the right to rest for a total duration of twenty-eight calendar days? Providing leave after 6 months - a right or an obligation of the employer? All this will be discussed below.

Vacation norms of labor legislation

According to Article No. 21 of the Labor Code Russian Federation, the employee has the right to his personal rest, which is ensured, among other things, by providing him with guaranteed payment for annual leave. The Russian Labor Code obliges the employer to strictly comply with the regulatory framework in the field of work relations and other legal acts, which contain aspects of basic laws and relevant documents, as well as the terms of collective agreements and agreements. According to Article No. 114 of the Labor Code, employees are provided with annual leave while maintaining their job and their position, and, in addition, their average income. The duration of annual breaks of basic paid leave, which is provided to employees, is twenty-eight calendar days.

So, is vacation after 6 months a right or an obligation? Let's figure it out.

Right to vacation

Paid leave must be granted to the employee every year. That is, a citizen has the right to use such a break in the first year of his work activity with a specific employer. The opportunity to take leave for the first twelve months of work arises for employees after six months of continuous work with a particular employer. And according to the agreement of the parties, leave with subsequent payment is given to the employee even before the expiration of six months. For all employees referred to in Article No. 122 of the Labor Code of the Russian Federation, based on their applications, the employer undertakes to provide leave after 6 months.

Providing leave in proportion to time worked

IN labor legislation There is no provision for the possibility of providing paid leave every year in proportion to the period of time worked by the employee. The exception is cases when the opportunity to rest is given with the subsequent dismissal of the citizen before the end of the working year for which the leave is granted. In addition, in proportion to the time worked in dangerous or harmful working conditions, additional paid rest periods may be allocated for work performed in such inconveniences. In this case, only periods of time actually worked in harmful and dangerous working conditions are included in the vacation experience.

How many days?

Thus, it turns out that after six months of regular work with a particular employer, the employee who has been granted leave has the right to receive basic paid rest in full, namely for a total duration of twenty-eight calendar days annually. Many people are wondering whether vacation after 6 months is the right or obligation of the employer.

The Labor Code of the Russian Federation does not take into account the possibility of granting partial annual leave in kind with payment, that is, in proportion to the time worked in a particular working year. Based on this, vacation, which is considered regardless of working hours in the year, is provided in full, namely within the established duration.

But how to pay for it?

So, Article No. 122 of the Labor Code of the Russian Federation talks about the annual provision of paid leave after 6 months; the employer has absolutely no reason to pay only for part of such rest, which is fourteen calendar days. In such a situation, the boss undertakes to pay for all twenty-eight days that fall during the period of the employee’s annual basic leave with subsequent payment. All calculations for average earnings, which are maintained during the rest period, are calculated in accordance with the rules established in Article No. 139 of the Labor Code, in particular the provision various features in order of calculating the average salary.

Deduction from salary

If an employee quits before the end of the working year, for which he has already been allocated annual paid rest, the employer has the full right to make a deduction from the citizen’s salary, namely, to take away part of the average income issued for unworked rest days. However, such deduction cannot be carried out if the employee is dismissed on the grounds provided for in Articles No. 77, 81 and 83 of the Labor Code of the Russian Federation. What are the nuances of granting leave after 6 months of work?

It is important to note that annual paid leave can be divided into parts, but on the condition that at least one of these sections must be at least fourteen calendar days. Although such a division can only be carried out by agreement between the employer and his employee on the basis of Article No. 125 of the Labor Code. The employer does not have the right to unilaterally divide paid leave annually, or to allocate the employee only fourteen days of this rest.

We understand the issue of whether vacation after 6 months is the right or obligation of the employer.

Other provisions for providing paid leave to employees

As already mentioned above, paid rest must be provided to the employee every year, and the right to use such a break for the first twelve months of work appears to the citizen after six months of his regular work with a particular employer.

Leave for the second, as well as subsequent years, can be used at any selected time according to the order of provision of regular paid leave, which is established by a particular employer. Employees who were hired by the institution after the vacation schedule was approved go on vacation not according to its parameters, but according to the corresponding statements. That is, it turns out that after six months of work, the citizen has the right to leave, and the employer has an obligation to provide it if the employee writes a corresponding application.

Let's consider the question of whether there is a right or obligation under the Labor Code to leave after 6 months.

Mutual interests

Along with this, when granting such leave, both participants labor relations- both the employee and his employer must take into account each other’s mutual interests, and, in addition, the possibility of agreeing on the initial date of rest. Determine the date for going on vacation independently, and the employee, of course, has no right to leave there without permission. Exceptions include some specific categories of citizens who can take leave without taking into account the opinion of their employer, for example, employees who are under eighteen years of age and so on.

Is it a right or an obligation for an employee to take leave after 6 months?

Thus, it should be concluded that, of course, full-time employee has the full right to receive leave upon expiration of six months of employment with a particular employer. In addition, if a citizen turns to the employer with an application to provide him with time to rest, then the management does not have the right to refuse him this.

In the event that the allocation of vacation, in the opinion of the management, may adversely affect the normal and successful course of the institution’s activities, then the employer can only in the form of a proposal ask his full-time employee to transfer the vacation to another more suitable period of time, while explaining to the citizen the current situation at the enterprise unfavorable situation. But, if the employee does not want to agree to such a transfer, then the employer simply does not have the right not to let him go on the desired vacation.

The right to annual leave for a new employee, as well as its provision earlier than six months

Right to first annual holiday in standard situations, it appears in workers after six months of continuous work from the moment of official employment at a new enterprise. By mutual agreement of the employer and his employee, the first annual rest may be granted before the citizen completes the required length of service for six months, as stated in Articles No. 122 and 177 of the Labor Code of the Russian Federation.

How many days of vacation after 6 months is an employee entitled to according to the Labor Code?

Exceptions to the rules

The employer is obliged to provide leave before the end of the six-month period at the request of its employee only in exceptional situations in relation to certain categories of citizens, namely:

employees who have not yet turned eighteen years of age;
women who are on the verge of immediate leave due to pregnancy and childbirth and after them, including, and, in addition, upon completion of the required period of child care;
employees who adopted infants under three months of age;
husbands while their spouses are on leave due to pregnancy and childbirth;
veterans;
Chernobyl victims;
wives of military personnel;
part-time workers

Paid leave for subsequent years of employment

Leave for the second and subsequent working years can be provided to employees at any time based on vacation schedules. As for the categories of employees who constitute an exception, for them this is carried out taking into account their wishes, regardless of the existing schedule.

Is it possible to get leave after 6 months of work for an employee who decides to transfer to another organization?

Transfer of an employee to another organization

What happens to the length of service that gives the right to annual leave if a citizen enters work as part of a transfer from another enterprise? In such a situation, the accumulated experience, which would give the right to leave, is not preserved when an employee is transferred from one institution to another. That is, it turns out that citizens will have the opportunity to provide rest only when they have been working in a new specific organization for six months.

The point is that when translating contract of employment with the previous enterprise is completely dissolved, and in the new place professional activity a new contract is concluded with the employee, as stated in Article No. 77 of the Labor Code. The direct right to receive a period of rest is granted to the employee only upon completion of six months of his work in the institution that sends him on leave. How is vacation calculated after 6 months of work? According to average monthly salary employee.

Is it obligatory?

Yes, he is obliged to do so if the employee approaches him with a corresponding application. In general situations, upon completion of six months of work, the employee has a legal right to receive leave, and the employer has a direct obligation to provide it. At the same time, when sending an employee on vacation, both parties are obliged, among other things, to take into account each other’s mutual capabilities and interests, and they should also mutually agree on the start date of the vacation period.

We looked at what vacation after 6 months is - a right or an obligation.