The procedure for calculating vacation. Vacation of scientific workers

Should our organization pay for his vacation? The employer is obliged to provide the employee with annual paid leave even when the rest period partially or completely extends beyond the term of the employment contract. In such a situation, the date of dismissal will be considered the last day of paid leave. In the event that an employee independently takes the initiative to resign from the organization after annual leave, he has the legal right to change his mind and withdraw the application before the first day of the start of the leave. His employer is obliged to reinstate him in his position if during this time a transfer worker has not been hired in his place. In practice, things may happen differently. But, if the candidate who wrote the application is given an unfounded refusal to be reinstated in his previous position, he has the right to go to court. The decision of Themis representatives, as a rule, is always on the side of the workers.

Is an employee with a PhD degree entitled to additional vacation days?

Question We have a question about the extended vacation of an employee who works for us as the head of the information and analytical department of management scientific research and holds a Ph.D. Does he have the right to leave in the amount of 42 kd? Thank you.
Answer Answer to the question: In accordance with Art. 5 of the Federal Law of August 23, 1996 N 127-FZ (as amended on December 22, 2014) “On Science and State Scientific and Technical Policy,” scientific organizations are recognized as a legal entity, regardless of the organizational and legal form and form of ownership, a public association of scientists carrying out scientific and (or) scientific and technical activities as the main activity. Thus, you need to determine, according to the Charter, whether your organization is scientific or not.

According to Art.

Procedure for calculating vacation

Government of the Russian Federation dated 08/12/1994 N 949 “On annual scientific workers with a scientific degree” - can only be established in scientific institutions (organizations) financed from the federal budget. Procedure for calculating leave Calculation procedure The duration of annual basic and additional leave for employees is calculated in calendar days and is not limited to a maximum limit (Art.
120

Attention

Labor Code of the Russian Federation). In number calendar days holidays are not included non-working holidays holidays, if they fall during the period of annual main and additional leave. What is the annual paid leave of a junior researcher? What is the paid leave for a junior researcher? Please tell me the annual paid leave for a junior researcher. Answer The annual basic paid leave is 28 calendar days.

Vacation for candidates of science in 2018

Average salary of a candidate Implementation labor activity in a scientific organization for more than 12 months The candidate’s salary for the last 12 months When calculating vacation pay for a candidate, an accounting employee must take into account and not take into account the following indicators: Are taken into account when calculating vacation pay Are not taken into account when calculating vacation pay Basic salary Time spent on business trips Bonus payments Absence from work due to illness Allowances due to the candidate (special rules apply) Absence from work due to exemption labor responsibilities What formulas are used to calculate vacation pay for the full period? If an accounting employee uses full billing period, then he should use the following formula: Amount paid to the candidate = SDZ x Add.

Annual additional leave of candidate of sciences

Info

The specified leaves are provided to scientific workers holding full-time positions, academic degrees for which are provided for by the tariff and qualification requirements agreed upon and approved in in the prescribed manner. ABOUT EMPLOYEES OF STATE NATURAL RESERVES Instructive letter of the Ministry of Ecology of Russia dated November 28, 1992 No. 05-17/65-5646 In connection with incoming requests about the duration and procedure for providing employees with state nature reserves annual basic and additional we explain: The Law of the RSFSR “On increasing social guarantees for workers” established paid leave for all workers of at least 24 working days.

Resolution of the Supreme Council of the RSFSR dated April 10, 1991
In accordance with Article 6 of Federal Law No. 127-FZ, funds are financed from the federal budget Russian Academy sciences, branch academies of sciences, as well as scientific organizations, organizations scientific services And social sphere, subordinate to the Russian Academy of Sciences (the list of such organizations is enshrined in Government Decree No. 826 of July 17, 1996). The legal status of research institutes, which also belong to scientific organizations, is heterogeneous; they may appear as budgetary organizations, or can independently carry out entrepreneurial activities.

Therefore, to determine the sources of financing of such an institution, you should familiarize yourself with the charter of the specific legal entity. If a research institute is financed from the federal budget, then, accordingly, doctors of sciences and candidates of sciences have the right to extended leave.

Additional days for vacation for a candidate of technical sciences

Providing leave *, types * Annual basic paid * Annual additional paid leave Terms and rules for granting annual * Leave without pay wages(contents)* Educational* with subsequent dismissal * for pregnancy and childbirth* Benefits for young mothers* Child care * Draw up a schedule (Section of the site “HR Documents”) * Questions about the schedule* The employee went on vacation. Annual leaves of scientific workers Our research institute is a federal state unitary enterprise. What is the duration of annual leave for scientific employees who have the academic degrees of Candidate of Sciences and Doctor of Sciences? The duration of annual pay for the categories of workers specified in the question is established on the general basis provided for Labor Code Russian Federation(Labor Code of the Russian Federation), that is, at least 28 calendar days.

We wrote a vacation calculator in the material at the link. Details in the System materials: 1. Legal basis: RF GOVERNMENT DECREE dated 08/12/1994 No. 949 Resolution O annual leave scientific workers with an academic degree GOVERNMENT OF THE RUSSIAN FEDERATION DECISION No. 949 of August 12, 1994, Moscow On annual leave for scientific workers with an academic degree The Government of the Russian Federation decides: To grant the right to scientific institutions (organizations) financed from the federal budget to establish annual paid leave for scientific workers, with an academic degree: Doctor of Science - 48 working days, Candidate of Science - 36 working days. The specified leaves are provided to scientific workers holding full-time positions, academic degrees for which are provided for by tariff and qualification requirements, agreed upon and approved in the prescribed manner.

Question: A commercial organization accepts a person with the scientific title “Candidate of Economic Sciences” for the simplified tax system. He claims that according to the law he is entitled to additional leave (in addition to 28 days) for his rank, and also that he has the right to take this leave in money.

Is he right, and what legislation is he referring to? Answer: Candidates of science who work in scientific organizations have the right to receive annual basic paid leave of 36 working days. Scientific institutions (organizations) financed from the federal budget have the right to grant such leaves to scientific workers who have an academic degree.

Important

A commercial organization is not obliged to provide such leave to an employee. Certain categories of employees are granted extended annual paid leave (i.e.

From this amount, the accounting employee must withhold income tax:

112,244.76 x 13% = 14,591.81 rubles

The candidate will receive 112,244.76 – 14,591.81 = 97,652.95 rubles. What formulas are used when calculating vacation pay for an incomplete period? If the candidate has worked in a scientific organization for less than 12 months, then the accounting employee, when calculating his vacation pay, must use the following formula: KNM = 29.4: KD x Additional;

KMP - the number of months that the candidate worked in the organization in full;
KD – number of days in the billing month;
Ext. – all days worked by the candidate.

Example 3. A research institute employee who is a candidate of sciences decided to go on extended leave from 06/01/2017.

until July 21, 2017 He has been working in the organization since December 10, 2016.
Candidates of sciences who work in scientific organizations for a duration of 36 calendar days can apply for it. Employees who have a doctoral degree can count on longer annual paid leaves, the duration is 48 calendar days. Scientific organizations that are funded from Federal budget. If candidates of science work in commercial companies, then such employers are not required to provide them with extended vacations. Read also the article: → “The procedure for granting extended annual leave to certain categories of employees in 2018.”
To do this, you should write a corresponding statement. How is the duration of vacation determined? If in the reporting year a candidate decided to take advantage of his legal right to basic paid vacation, and also decided to take additional vacation, then the accounting employee must sum up the days, since all calculations for two types of vacation must be done separately. Example 1.

The candidate is entitled to a mandatory leave of 28 days.
The duration of additional leave is 10 days.
The accountant must sum up these days: 28 + 10 = 38.
As a result, the total duration of annual leave paid by the employer will be 38 days.

Registration procedure When calculating vacation pay, an accounting employee must take into account various factors. First of all, he must correctly determine the period for calculating vacation.

The organization has a certificate of state accreditation as a scientific organization, and more than 70% of the total volume of work performed by our organization is R&D. The collective agreement provides for the provision of extended vacations to doctors of sciences and candidates of sciences. Does an organization have the right to take into account for income tax the costs of providing extended vacations (48 and 36 working days) to doctors of sciences and candidates of sciences working in our organization?

Article 115 of the Labor Code of the Russian Federation determines that the duration of the annual basic paid leave is 28 calendar days. However, there are categories of workers who are entitled to annual basic paid leave of more than 28 calendar days. This is called extended basic leave, the right to which is granted to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

Thus, according to the Decree of the Government of the Russian Federation dated August 12, 1994 No. 949 “On annual leave of scientific workers with an academic degree,” scientific institutions (organizations) financed from the federal budget are given the right to establish annual paid leave for scientific workers with an academic degree of Doctor of Science, duration 48 working days, and a candidate of sciences - lasting 36 working days.

Consequently, the actions of this Resolution apply only to scientific institutions and organizations financed from the federal budget.

If your scientific organization is not financed from the budget, then the provisions of this Decree do not apply to it. This means that your organization, if it grants vacations of 48 and 36 working days to employees with an academic degree, will not be able to take into account costs when calculating income tax, despite the fact that they are provided for in the collective agreement.

We have already considered a similar issue (see EZh No. 25, 2004).

Now let's look at the procedure for granting additional leave.

How does extended main leave differ from additional leave? Additional leave is given in addition to the main one. The list of employees to whom the enterprise is obliged to provide annual additional leave is determined by Art. 116 Labor Code of the Russian Federation. The following employees are listed in this article:

Those employed in jobs with harmful or dangerous working conditions;

Having a special nature of work;

With irregular working hours;

Working in the districts Far North and equivalent areas, as well as in other cases provided for by federal laws.

The procedure and conditions for granting additional leave are determined by collective agreements or local regulations(Article 116 of the Labor Code of the Russian Federation).

Consequently, the main difference between extended main leave and additional leave is that additional leave can be provided at the initiative of the employer, but the employer, at his own “will”, does not have the right to provide extended leave.

At the same time, expenses for paying for basic and additional vacations provided by employers in accordance with the legislation of the Russian Federation are taken into account when calculating profit tax in full (clause 7 of Article 255 of the Tax Code of the Russian Federation).

Much controversy surrounds vacation pay for additional leave provided to employees with irregular working hours.

The fact is that the legislation provides only for the minimum duration of this leave - three calendar days, and the maximum duration is not established.

In this regard, the question arises: is it possible to take into account, when calculating income tax, the costs of paying for additional leave for an irregular working day, the duration of which is established by the collective agreement and exceeds three calendar days?

In our opinion, yes, it is possible. Such additional leave is provided for by law, even if its duration is more than three days. Therefore, these expenses may reduce the organization’s taxable profit.

However, with regard to additional leaves in connection with irregular working hours, the maximum period beyond which the organization can provide leave is not specified either in the Labor Code or in other legislative acts. And if the norm is not established, then it should not be applied.

Let us remind you what an irregular working day is. According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be involved in performing their labor functions outside the normal working hours. Normal working hours should not exceed 40 hours per week.

Currently, the list of positions for workers with irregular working hours is established by a collective agreement, agreement or internal rules labor regulations organizations.

The duration of additional leave for the relevant positions is established by the internal labor regulations of the organization and depends on the volume of work, the degree of labor intensity, the employee’s ability to perform his job functions outside the normal working hours and other conditions in accordance with Art. 119 Labor Code of the Russian Federation.

The right to additional leave arises for the employee regardless of the duration of work under irregular working hours.

At the same time, heads of organizations can independently establish additional leaves for employees, taking into account their production and financial capabilities, unless otherwise provided by federal laws.

Thus, your organization can provide additional leave to its employees who have an advanced degree as employees with irregular working hours. In this case, the amount of vacation pay for irregular working hours can be included in expenses that reduce the tax base for income tax only if the provision of additional leave is formalized in accordance with the law.

Each researcher has the right to annual leave established by Federal legislation and paid by the employer. Some accounting workers who do not delve too deeply into this topic grant candidates of science a basic twenty-eight day leave. But for this category of employees, the legislation also provides for extended vacations, which are issued if there are certain grounds. In this article we will tell you about vacations for candidates of sciences and consider the registration process.

Who is entitled to extended leave?

Annual leave, paid by the employer, is provided in accordance with Art. 115 of the Labor Code of the Russian Federation:

Annual vacation for a candidate of sciences

Federal legislation has approved the rules for granting annual leave to employees who have been admitted to seek a candidate or doctorate degree:

Annual paid leave is provided at the place of main work.
All payments are made at the expense of employers.
Candidates are entitled to extended vacations.

Annual vacation for working job seekers

Each applicant for a scientific degree can exercise his right to receive leave intended to prepare for the defense of his dissertation:

This category of employees maintains their average earnings for 3 and 6 months.
All costs associated with payments are borne by the employer.
If the applicant decides to take leave to prepare for his defense, he must notify the employer 12 months in advance of his intention. To do this, you must write a corresponding application.

How is the duration of vacation determined?

If in the reporting year a candidate decided to take advantage of his legal right to basic paid leave, and also decided to take additional leave, then the accounting employee must sum up the days, since all calculations for the two types of leave must be made separately.

Example 1.

The candidate is entitled to a mandatory leave of 28 days.
The duration of additional leave is 10 days.
The accountant must sum up these days: 28 + 10 = 38.
As a result, the total duration of annual leave paid by the employer will be 38 days.

Registration procedure

When calculating vacation pay, an accounting employee must take into account various factors. First of all, he must correctly determine the period for calculating vacation. This indicator directly depends on the amount of time worked by the candidate:

When calculating vacation pay for a candidate, an accounting employee must take into account and not take into account the following indicators:

What formulas are used to calculate vacation pay for the full period?

If an accounting employee uses the full pay period when calculating vacation pay for a candidate, then he should use the following formula:

Amount paid to the candidate = SDZ x Add.

Average salary = (half salary) / (12 months X 29.4), Where

Average salary – the candidate’s average daily earnings are taken into account;
Salary – salary, which is taken into account for the full period
Ext. – number of days of annual paid leave

Example 2. An employee of a research institute who is a candidate of sciences is entitled to extended annual leave from July 10, 2017. to 08/14/2017 He has been working in the organization since July 10, 2012. For the full period, his salary amounted to 1,100,000 rubles.

In this case, vacation pay should be calculated as follows:

1,100,000 rub. / (12 months X 29.4) = 3,117.91 rubles

The total amount of vacation pay for the candidate will be:

RUB 3,117.91 x 36 days = 112,244.76 rubles

112,244.76 x 13% = 14,591.81 rubles

The candidate will receive 112,244.76 – 14,591.81 = 97,652.95 rubles.

What formulas are used when calculating vacation pay for an incomplete period?

If a candidate has worked in a scientific organization for less than 12 months, then the accounting employee must use the following formula when calculating his vacation pay:

KNM = 29.4: CD x Addit;

KMP - the number of months that the candidate worked in the organization in full;
KD – number of days in the billing month;
Ext. – all days worked by the candidate.

Example 3. An employee of a research institute, who is a candidate of sciences, decided to go on extended leave from 06/01/2017. until July 21, 2017 He has been working in the organization since December 10, 2016. For the full period, his salary amounted to 4,000,000 rubles.

The accounting employee will have to make the following calculations:

First of all, the number of days not worked by the candidate is determined. For this, the following formula is used:

29.4 / CD x Add
29.4 / 30x120 = 117 days.

Now the average daily wage should be calculated:

(4,000,000) / (6 x 29.4 + 117) = (4,000,000) / 293.4 = 13,633.26 rubles

13,633.26 rubles x 36 days = 490,797.36 rubles

From this amount, the accounting employee must withhold income tax:

490,797.36 x 13% = 63,803.66 rubles

The candidate will receive 490,797.36 – 63,803.66 = 426,993.70 rubles

How is compensation for unused vacation calculated?

If a candidate has decided to resign from a scientific organization, he has the right to receive compensation for unused annual paid leave.

To do this, he needs to contact the management in writing.
In this case, it will not matter how long he worked in this organization.
An accounting employee of a scientific organization will have to use the same principle when calculating compensation payments as when calculating extended leave.
Accrued amount Money must be paid to the resigning candidate in full. Read also the article: → "".
In the event that a candidate applies to replace annual leave with compensation, the head of the scientific organization has the right to refuse him. This issue will be resolved individually.

Category “Questions and Answers”

Question No. 1. Our research institute employs 15 candidates and 8 doctors. How much annual leave do they need to set, and what legislation regulates its duration?

If your research institute is funded from the Federal budget, then candidates are entitled to annual paid leave of 36 calendar days. For doctors, it is necessary to establish a leave of 48 calendar days. This procedure is regulated by Government Decree No. 949 of August 12, 1994.

Question No. 2. We are a commercial scientific organization. Should we provide extended annual leave to our full-time candidates?

If your organization is commercial and does not receive subsidies from the Federal budget, then employees, in particular candidates, should be granted annual leave of 28 calendar days. This procedure is regulated by Article 115 of the Labor Code of the Russian Federation.

It is worth noting that Federal legislation allows commercial organizations, regardless of their form of ownership and type of activity, to independently decide on the issue of providing extended vacations.

In this case, this issue should be enshrined in the local acts of the organization. For example, a collective agreement usually prescribes the procedure for calculating wages for full-time employees, as well as the procedure for granting them annual leave. Also, the head of the organization may issue a separate order, according to which the candidate can go on extended paid leave.

In the case when the organization's internal local acts the issue of extended vacations will not be regulated; an accounting employee must take into account only 28 calendar days when calculating vacation pay for either a candidate or a doctor of science.

Question No. 3. In our commercial organization the candidate is working. Before going on vacation, he asked to be replaced with monetary compensation. Are we obligated to do this?

In accordance with the regulations of the Labor Code, each employee has the right to contact his employer in writing and ask to replace with monetary compensation part of the vacation that exceeds 28 calendar days. But the manager is not obliged to carry out such a replacement.

As a rule, when refusing leave in favor of compensation, the candidate must continue to perform his professional duties.

But this does not always work out, since in some organizations the vacation period falls during the holidays, during which core activities are not carried out. At the same time, changes were made to Article 126 of the TCRF. It follows from them that those employees who have the right to apply for extended or additional leave cannot receive compensation for the unused part of it during the period of their working activity.

Question No. 4. Our organization plans to dismiss an employee who is a candidate of science. Should we compensate him for unused vacation?

Question No. 5. Our employee wrote an application for leave, but it falls during the period when the employment contract concluded with him terminates. Should our organization pay for his vacation?

The employer is obliged to provide the employee with annual paid leave even when the rest period partially or completely extends beyond the term of the employment contract. In such a situation, the date of dismissal will be considered the last day of paid leave. In the event that an employee independently takes the initiative to resign from the organization after annual leave, he has the legal right to change his mind and withdraw the application before the first day of the start of the leave.

His employer is obliged to reinstate him in his position if during this time a transfer worker has not been hired in his place. In practice, things may happen differently. But, if the candidate who wrote the application is given an unfounded refusal to be reinstated in his previous position, he has the right to go to court. The decision of Themis representatives, as a rule, is always on the side of the workers.

). The number of calendar days of vacation does not include non-working holidays if they fall within the period of annual main and additional vacations. Annual additional paid leave is calculated separately and summed up with the annual main paid leave (lasting 28 calendar days), and in total they constitute the total duration of annual paid leave. For example, if you are entitled to 10 days of additional leave, which are cumulative with your basic leave of 28 calendar days, the total duration of your annual paid leave in this case will be 38 calendar days.

Who rests longer than others: the right to extended vacation

The Decree of the Government of the Russian Federation dated May 14, 2015 No. 466 approved the list of positions in educational institutions (general education, educational institutions of primary, secondary and higher vocational education etc.), work in which gives the right to annual extended paid leave of 56 or 42 calendar days, depending on the type of institution and position.

The right to extended vacations is enjoyed by university researchers holding full-time positions and holding an academic degree of Doctor of Science - lasting 48 working days, and a candidate of science - 36 working days (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949).

Separate federal laws determine the duration of vacations workers performing research and development work, increased. So, for example, in accordance with Art. 5 of the Federal Law of the specified category of workers when performing work that uses toxic chemicals related to chemical weapons, and work to eliminate chemical weapons production facilities, vacation duration is set 56 calendar days, and for some workers – 49 calendar days.

Extended leave is provided to employees of healthcare organizations diagnosing and treating HIV-infected patients, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus - 36 working days, in accordance with the Procedure for providing benefits to employees at risk of contracting the immunodeficiency virus person in the performance of their official duties (Resolution of the Government of the Russian Federation of April 3, 1996 No. 391,).

The right to extended vacations is enjoyed by federal civil servants of the state civil service(Article 46 of the Federal Law ""). The total duration of annual paid leave (basic and for long service) is differentiated from 40 to 45 calendar days depending on the position held. In this case, additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the above-mentioned annual paid leave. Norms labor law to relationships related to civil service, and, in particular, to the procedure for granting and duration of basic and additional paid leave, do not apply (Article 73 of the Federal Law "").

Vacation working disabled people amounts to 30 calendar days(Article 23 of the Federal Law).

Who is entitled to additional paid leave?

Employees engaged in work with harmful and (or) dangerous working conditions (the list of such work, the duration of leave and the conditions for its provision are approved by the Government of the Russian Federation) are provided annual additional paid vacation().

Additional leave for work with hazardous working conditions is provided to employees in accordance with the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day (). This List is subject to . The procedure for granting additional leave for work with hazardous working conditions is established in.

Some categories of employees are entitled to additional annual leave for the special nature of their work, for example, employees with irregular working hours (), citizens of working age working in the Far North and equivalent areas(the duration of this leave, the procedure for granting and combining annual paid leave and the corresponding compensation associated with the use of leave are established in the Labor Code of the Russian Federation). The duration and conditions for granting this leave are determined by the Government of the Russian Federation ().

Annual additional paid leave is provided in other cases provided for by the Labor Code of the Russian Federation, federal laws, as well as decrees of the Government of the Russian Federation. For example, additional leave of up to four calendar days is provided to employees of industrial production personnel in the coal, shale, mining industries and certain basic industries for multi-shift work (Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of July 2, 1990 No. 647).

General practitioners (family doctors) and their nurses an annual additional paid three days vacation for continuous work in these positions over three years(Resolution of the Government of the Russian Federation of December 30, 1998 No. 1588 "").

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees. The procedure and conditions for their provision are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Leave in case of employment with irregular working hours

For workers with irregular working hours annual additional paid leave is provided, the duration of which cannot be less than three calendar days ().

The collective agreement or internal labor regulations of the employing organization must provide for the duration of additional paid leave with irregular working hours, taking into account the volume of work, the degree of labor intensity, the employee’s ability to perform his job functions outside of normal working hours, etc.

Rules for granting annual additional paid leave workers with irregular working hours in organizations financed from the federal budget are approved by Decree of the Government of the Russian Federation of December 11, 2002 No. 884. This additional leave is granted individual employees organizations financed from the federal budget for working with irregular working hours. The main condition for granting this additional leave is the periodic need for employees to perform their work functions outside of normal working hours.

Payment for additional vacations provided to employees with irregular working hours of employing organizations financed from the budget (federal, subject of the Russian Federation and body local government), is made from the wage fund.

Payment for additional vacations provided to employees of other organizations in accordance with the collective agreements adopted by them and other local regulations is made at the expense of the organizations (employers) own funds.

Certain categories of employees have the right to use annual paid leave at their request at a time convenient for them. These categories of workers, for example, include:

workers under 18 years of age ();
husbands whose wives are on maternity leave (during this leave);
spouses of military personnel, whose leave may be granted simultaneously with the leave of their husbands (wives) (Clause 1, Article 11 of the Federal Law of May 27, 1998 No. 76-FZ " ");
parents (guardians, trustees) working in the Far North and equivalent areas who have the right to receive annual paid leave or part of it (at least 14 calendar days) to accompany a child under the age of 18 entering educational institution secondary or higher professional education located in another area ();
persons working part-time ();
participants of the Great Patriotic War, disabled war veterans, combat veterans, including disabled people, labor veterans (Articles 14–20, 22 of the Federal Law of January 12, 1995 No. 5-FZ " ");
Heroes Soviet Union, Heroes of the Russian Federation and full gentlemen Order of Glory (clause 3 of article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 " ");
Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Federal Law of January 9, 1997 No. 5-FZ " ");
persons awarded the badge "Honorary Donor of Russia" (Article 11 of the Federal Law of July 20, 2012 No. 125-FZ " ");
persons who received or suffered radiation sickness and other diseases associated with radiation exposure due to Chernobyl disaster or with work to eliminate its consequences, disabled people as a result of the Chernobyl disaster, participants in the liquidation of the disaster, citizens evacuated from the exclusion zone and resettled from the resettlement zone, and some other persons exposed to radiation as a result of the disaster Chernobyl nuclear power plant, other accidents at nuclear facilities for military and civilian purposes, tests, exercises and other work related to any types of nuclear installations (Articles 14–22 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 "").

Vacation schedule: possibility of rescheduling and recall from vacation

Annual paid leave must be provided within the period established by the vacation schedule. This leave must be extended or transferred to another period in the event of temporary disability of the employee or when the employee performs state duties during the vacation, if this provides for exemption from work or in other cases provided for by laws, local regulations (). When transferring annual paid leave in these cases to another period, the employer must take into account the wishes of the employee.

Another procedure has been established for postponing annual paid leave if the employee was not paid in a timely manner for the duration of the vacation or the employee was notified about the start time of the vacation later than two weeks before it began. In this case, the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another period agreed with the employee.

In exceptional cases, in order to avoid adverse consequences for the employer, annual paid leave may be transferred with the consent of the employee to the next working year. This leave must be granted to the employee no later than 12 months after the end of the working year for which this annual paid leave is granted. At the same time, he can join a new vacation.

If the employee is under 18 years of age or is employed in work with harmful or dangerous working conditions, then transfer of vacation is not allowed.

Employees with two or more children under the age of 14, as well as employees with a disabled child under the age of 18, single mothers raising a child under the age of 14, fathers raising a child under the age of 14 without a mother can additional leaves without pay are provided for up to 14 calendar days, which, upon written application of the employee, are fully or partially added to the annual paid leave (). When transferring annual paid leave in the cases discussed in our article, this additional leave without pay is transferred to next year can not ().

It is possible to divide annual paid leave into parts. This is permitted by agreement between the employee and the employer (). It is not determined into how many parts the leave can be divided, but in all cases at least one of the parts of this leave must be at least 14 calendar days, which complies with the requirements of the Convention International organization Labor dated June 24, 1970 No. 132.

Early recall of an employee from vacation is permitted only with his consent. An employee’s refusal and absence from work until the end of the leave granted to him is not considered a violation labor discipline. The recall of an employee from vacation must be properly formalized by issuing an order or instruction by the employer. The part of his leave unused in connection with the employee’s recall must be provided at the employee’s choice at a time convenient for him during the current working year, or added to the new leave for the next working year.

It is prohibited to recall from leave pregnant women, workers under 18 years of age, as well as workers engaged in work with harmful and (or) dangerous working conditions.

Part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation (). In addition, when summing up or transferring vacation to the next working year, monetary compensation can replace the part of each annual paid vacation exceeding 28 calendar days. Replacement of part of the vacation with monetary compensation is carried out upon the written application of the employee.

For certain categories of workers (pregnant women, workers under the age of 18, people employed in jobs with harmful and (or) dangerous working conditions, for the sake of protecting their health), vacation cannot be replaced with monetary compensation ().

Dismissal and vacation: exercising the right to rest

The employee must be given the opportunity to exercise the right to leave. Upon dismissal, the employee is paid monetary compensation in all cases, regardless of the basis for dismissal, for all unused vacations up to the day of dismissal (). At the request of the employee, instead of compensation for unused vacations, he may be granted vacation followed by dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation. This date is entered in work book as the date of dismissal.

If an employee is dismissed due to the expiration of the employment contract, then leave followed by dismissal may be granted on the condition that the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation, which is entered in the work book as the date of dismissal.

If unused leave with subsequent dismissal is granted to an employee upon termination of the employment contract at the initiative of the employee, he has the right to withdraw his application for dismissal, provided that this leave has not yet begun, that is, before the start date of the leave, and another person has not been invited to take his place by way of transfer. worker.

Related documents

Decree of the Government of the Russian Federation of May 14, 2015 No. 466
Decree of the Government of the Russian Federation of August 12, 1994 No. 949
Federal Law of November 7, 2000 No. 136-FZ
Decree of the Government of the Russian Federation of April 3, 1996 No. 391
Resolution of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647
Decree of the Government of the Russian Federation of December 30, 1998 No. 1588
Decree of the Government of the Russian Federation of December 11, 2002 No. 884

Read about how to calculate leave when working part-time, whether the head of the company must write a leave application, whether an employee can take leave for five calendar days from Monday to Friday, and much more.

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On the duration of the annual and reduced (due to harmful working conditions) working day of employees of institutions, organizations and enterprises of the system of the Ministry of Education of the USSR

a) List of positions of employees of institutions of the system of the Ministry of Education of the USSR, for which the next extended one has been established (Appendix No. 1), drawn up in accordance with the Resolution of the Council of Ministers of the USSR of April 21, 1949.

What is the procedure for granting annual paid leave to candidates of science in non-research organizations?

In accordance with the Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On annual scientific workers with an academic degree,” scientific institutions (organizations) financed from the federal budget have the right (but are not obligated) to provide candidates of sciences with leave of 36 working days, and Doctors of Science - 48 working days. At the same time, employees of such institutions (organizations) must occupy full-time positions, academic degrees for which are provided for by tariff and qualification requirements.

On annual leaves of scientific workers.

1. Petrova was hired as a worker for landscaping and landscaping by the municipality of Tver. IN employment contract Only the duration of annual paid leave was indicated. But it was said that all issues of work and rest regimes are regulated by the Internal Labor Regulations.

On the very first day of work, she was denied special breaks for rest, which are provided for by Art.

Leave of absence for a researcher with a PhD degree working in hazardous working conditions

How many total number of days will be the vacation of a scientific employee who has an academic degree of Candidate of Sciences (extended - 36 working days), working in harmful conditions labor, where an additional 10 slave. days.

We believe that the question is how to correctly determine the total duration in calendar days. Since currently there is no provision for payment of vacations in working days.

Vacation of scientific workers

Grant the right to scientific institutions (organizations) financed from the federal budget to establish annual paid leave for scientific workers with an academic degree:

These are provided to scientific workers holding full-time positions, academic degrees for which are provided for by tariff and qualification requirements, agreed upon and approved in the prescribed manner.

Regulations on additional leaves for company employees

This provision on (additional) leaves was developed in accordance with the Labor Code of the Russian Federation (Federal Law No. 197-FZ dated November 30, 2001, entered into force on February 1, 2002); Decree of the Government of the Russian Federation dated August 12, 1994. No. 949 “On annual vacations researchers with an academic degree"; Federal law RF “On social protection of disabled people” dated November 24, 1995. No. 181-FZ, internal labor regulations of the company;

This regulation regulates the grounds, conditions and procedure for providing employees of OJSC “___________” with annual extended basic leaves.

Article 13. Leaves of scientific workers

1. Scientific workers of state scientific organizations and scientific organizations equivalent to state ones are provided with paid annual labor duration of fifty-six calendar days for doctors of sciences, forty-two calendar days for candidates of sciences, doctors of philosophy (PhD), doctors in the field, thirty-five calendar days for other scientific workers with the payment of health benefits within the limits of their available funds for wages in the amount of one official salary.

Article 41. 4. Leave of absence for employees

1. Prosecutors, scientific and teaching staff An annual paid leave of 30 calendar days is provided, excluding travel time to the place of rest and back.

Prosecutors working in areas with severe and unfavorable climatic conditions are provided with annual pay according to the standards established by the Government of the Russian Federation, but not less than 45 calendar days.

Article: Costs of providing extended vacations to candidates of sciences and doctors of sciences (Filipenko M.I.) (Advisor to an accountant in the field of education and science, 2005, n 5)

Article: Costs of providing extended courses to candidates of sciences and doctors of sciences (Filipenko M.I.) (“Advisor to an accountant in the field of education and science”, 2005, n 5)

We read in one economic magazine that the costs of providing extended courses to candidates of science and doctors of science in organizations that are not budgetary organizations can only be covered by net profit.