Vacation is a joyful event in the life of every employee. This is especially true for minor workers. We will talk about in what order and how, within the framework of the law, leave should be paid and accrued for them in today’s article.

Modern youth are now growing up very early, and the fact that many teenagers want to earn their own pocket money or other needs is no longer surprising to anyone.

In view of this, amendments and norms regulating the labor of minors have already been made many times to the Labor Code of the Russian Federation in particular and to other laws in general. Today, article 2

The Labor Code of the Russian Federation quite accurately and clearly regulates all the features of the relationship between this category of workers and employers, as well as the features of providing children with rest from work.

So, in accordance with the provisions of the article, it can be noted that in general, the principles of calculating vacation payments and granting leave for minors do not differ much from the “adult” rules. But there are still some differences.

In particular, this applies to the duration of leave, the time of its provision, prohibitions on certain actions, and so on. Let's look at them in more detail.

Vacation is longer than for adult workers.

The duration of the vacation period for minors is not the standard 28 calendar days, but 31 days. Just like for adult employees, non-working hours are not included for minor employees. Accordingly, other calculation principles are the same.

Additionally, it should be said that the duration of vacation can be increased regulatory documents companies. In no case can the duration of vacation be reduced below the minimum limit.

Also, additional vacation days can be added to the main one if the employee is busy special conditions labor, has appropriate benefits, or works in the Far North region or a place equivalent to it.

Payment

The payment standards for vacation periods for minor employees are the same as for adult employees. That is, all funds earned in a year or less (if the employee has been working recently) are divided by the total number of days and multiplied by a special coefficient, which is 2.94. This is exactly how any payments are calculated, regardless of who they are credited to.

Among other things, the rule for the payment of vacation pay for minors also applies - no later than 3 days before the first day of vacation.

That is, if the vacation is planned from February 1, then the money should be paid no later than January 28. It is possible earlier, if possible.

Vacations may be more frequent.

An employee who is under 18 years of age can take another one even if he has not been working for the company for even six months - this is directly stated in the legislation.

In addition, an employee has the right to take a vacation of any frequency, be it the first or subsequent year of work, at any time. Company management should always take this nuance into account when drawing up the vacation schedule for other employees.

The employee also has the right to divide the vacation into two equal parts or more, but so that each of them is at least 14 calendar days.

In addition to everything described above, a minor employee has many other privileges and features that apply not only to the method and period of accrual of leave, but also to other aspects of his work.

Other nuances

Such workers have advantages.

Many other “privileges” also apply to minor workers. For example, such an employee cannot be recalled from vacation. Moreover, this rule applies in any circumstances, regardless of whether the employee agrees to it or not.

Additionally, it is worth saying that it is impossible not to provide vacation to a young employee. It is also impossible to replace rest time with payment of monetary compensation. This also applies to the option when the employee himself requests it.

By law, minors are required to take a break from work for the period prescribed by law.

It is also worth considering the situation when the employee turns 18 years old at the time of receiving leave. As a general rule, if an employee takes a break from work a month before reaching adulthood, then both the payment and the duration of the vacation are calculated as for a minor child.

If the employee wants to take vacation, for example, from the day of majority or later, then vacation pay will be calculated according to adult coefficients and the duration of rest will have to be at least 28 calendar days.

However, there are also cases when the vacation period falls on adulthood.

In this case, vacation pay and the duration of vacation should be calculated for the period before 18 years and after 18 years, based on the shares of vacation falling on both periods simultaneously.

What does the law expect?

At the moment, the law regulates certain norms.

Of course, the rules and regulations for minors still need careful review and changes. Today, the application of already adopted norms of law is not only inconvenient, but in some situations it is completely impossible.

That is why, every day, the Government and the State Duma are trying to develop more and more new bills that will fully contribute to the easy and fulfilling work of young workers, and will be understandable and easily applicable for employers and personnel.

In general, the law is awaiting global revision, and it is far from certain that over time a specialized law will not be created that exclusively regulates the labor standards of minor workers.

Moreover, the norms of this law will concern not only such events as hiring, accrual of vacation pay, payment sick leave, dismissal of an employee and so on, but also many other factors.

For example:

1. Labor standards;
2. Duration of working hours;
3. Providing time off;
4. Administrative responsibility and much more.

In conclusion, it is worth saying that the law always protects the interests of workers, and minors in the first place. Therefore, when hiring a child, it is important to understand the full extent of responsibility for this decision before the law.

From this video you will learn about work for minors.

Form for receiving a question, write yours

Today, a minor citizen of the Russian Federation can, at his own request, find a job and receive full compensation in monetary terms for his work. The state provides a number of guarantees and benefits to this category of workers, including when hiring them.

For example, this may concern working day and its duration, as well as annual main or additional vacation time. How many days of annual basic vacation time are required by law, conditions and features of provision (including standard)? How long is the additional paid time off? Is it possible to pay compensation for unused vacation time for working minor employees?

Conditions for granting leave to a minor employee

The age of majority occurs when a person reaches 18 years of age. According to the law, a teenager has the right to get a job when he turns 14 years old. At the same time, he has a number of benefits: according to the length of the working day, according to the duration of the annual main rest, according to the rules for its provision, as well as according to the conditions of additional paid rest and its duration. Responsible for vacation, as well as for the specific conditions of its provision.

Duration of basic annual leave for working minors

Labor legislation, in Article 267, determines how many days a working person who has not reached the age of majority needs to rest, namely 31 days. Three days more than is appropriate for older employees.

There is another feature of providing annual basic leave to working teenagers - they are not subject to the vacation schedule, i.e. in their version, the schedule is, of course, drawn up, but they have the right to go on vacation at a special request out of turn.

One more nuance - working minors do not need to wait for the standard time for such events - six months. This means that they can apply at any time convenient for them, for example two months after employment, and the employer will not have the right to refuse the request. Important - 31 days of the next annual rest are provided on the terms of the working year, not the calendar year.

Duration of additional leave for a minor

The legislator has provided for the peculiarities of the situation of working teenagers: persons under the age of 18 are employed when they are driven by a special need, and they may have a need not only for the money that work provides them, but also for education. For all this, they need more time than a standard employee.

Therefore, there is a specially established additional rest for working minors, provided by the employer for preparing and passing exams. This option implies a paid additional period of time in relation to the main annual vacation - up to 24 calendar days annually.

There are other possibilities for providing the employee with additional time, but this rest is no longer paid:

• up to 30 days, if it is necessary to care for a sick relative;
• up to 7 days – in case of death of loved ones.

Is vacation paid for working minors?

The annual basic rest for working minors must be paid at the median of the minimum average earnings. Accounting uses a special formula for calculations: SGZ/12/30*X. Where:

• SGZ – average earnings for the working year;
• 12 – calendar year;
• 30 – average number of days in a month;
• X – vacation days.

Compensation for unused vacation by minors

If an ordinary employee over the age of eighteen can receive payments in the form of monetary compensation for unused days of the main annual rest, then the legislation is strict with respect to working teenagers - the law prohibits categorically compensating for unused days in cash equivalent.

The only condition that the law allows is the transfer of unused days to a later time, but not more than 2 years.

The labor legislation of the Russian Federation provides for a certain procedure for rest of minor workers, different from the norms adopted in relation to other categories of the population.

The employer of a teenager who quits immediately after a vacation cannot withhold money from his salary as compensation for unworked days if the two-week period for notifying the employee’s superiors of his dismissal is included in the period provided to him. annual leave, i.e. if an employee does not return to work after a vacation.

The procedure for granting vacations in organizations is determined by a special schedule drawn up at the beginning of the year. Compliance is mandatory for all employees, i.e. the employee is obliged to go on “vacation” during the period specified in this document.

This provision does not apply to employed minors. This category of the population can go on paid vacation at a time convenient for them.

Whether or not to take into account the wishes of the management in this case is a personal matter for each employee. Accordingly, no schedule is an obstacle to providing paid days off to a working teenager at a time of his choosing.

As mentioned above, the minimum duration of paid leave for minor workers is 31 days. Such an employee can go on vacation for the entire period at once, or divide it into parts.

In the second case, one of the parts of the vacation provided must be at least 14 calendar days. In addition, it is carried out by voluntary agreement with the boss, that is, it remains at his discretion.

IMPORTANT: The transfer of paid leave, its replacement with a cash payment, in relation to citizens under 18 years of age, is unacceptable!

Registration procedure

Documentary support for the leave of minor workers occurs by analogy with other categories of the population.

What other holidays is a minor entitled to?

In addition to annual leave, minors have the right to. It is provided to persons combining work and study. It is worth noting that this support measure applies to workers of all ages, not just minors.

Denial of leave to a teenager

Unfortunately, it is not uncommon for employers to refuse to grant leave to minor subordinates. There is no need to despair in such a situation, the algorithm of actions is as follows: a minor only needs to write an application for leave, and after two weeks from this date, they can go on their cherished vacation.

ATTENTION: If management violates the provisions of the Labor Code of the Russian Federation by refusing to pay an employee vacation pay, calling him to work, or even refusing to provide “vacations,” the citizen whose rights are being infringed should submit a written complaint to the manager indicating the legal norms being violated.

If this action does not have an effect, the next step is to contact the State Labor Inspectorate, the prosecutor's office, and also the court.

Employer's liability

Failure to provide paid leave to a minor employee or its provision in violation of the norms of the Labor Code of the Russian Federation are administrative offenses and entail the imposition of fines: up to 5 thousand for officials and up to 50 thousand for organizations.

In addition, if such offenses occur periodically at an enterprise, then the labor inspector (or the court) has the right to regard each specific case as a separate offense, which, accordingly, significantly affects the final amount of the monetary penalty.

Thus, the state provides the opportunity for minors to work and receive wages for it.

The Labor Code of the Russian Federation provides for a number of additional social guarantees for such workers: provision of paid leave for a period of work of less than six months lasting 31 calendar days, the ability to choose a convenient rest time, as well as additional paid leave for students.

Failure to provide the above guarantees and violation of other provisions of the Labor Code of the Russian Federation by employers is grounds for going to court and entails a fine of up to 50 thousand rubles.

New edition of Art. 267 Labor Code of the Russian Federation

Commentary on Article 267 of the Labor Code of the Russian Federation

At the request of a minor, leave must be granted before the expiration of 6 months of continuous work (Part 3 of Article 122 of the Labor Code).

Employees under 18 years of age have the right to extended basic paid leave of 31 calendar days, regardless of the nature of the work and the characteristics of the employer, as well as to use the leave at a time convenient for them.

The procedure for calculating the duration of vacation for employees under 18 years of age is the same as for adult workers: it includes weekends falling within the corresponding calendar period and does not include non-working days holidays. The right to extended leave is granted to employees until the day they turn 18. In the working year when they turn 18, for the period up to and including the month they turn 18, vacation is calculated at the rate of 2.58 calendar days per month of work, and for the remaining period of the working year - at the rate of 2.33 calendar days per month of work. The result obtained as a result of summation is rounded to whole working days according to general rules rounding.

Additional leave (for example, for work with irregular working hours or for work in the Far North and equivalent areas, in other cases established federal laws and a collective agreement) employees under 18 years of age are entitled to a basic paid leave of 31 calendar days.

Employees under the age of 18 (up to and including the year they turn 18) have the right to take vacation at any time convenient for them. This circumstance should be taken into account when drawing up a vacation schedule. In addition, an employee under 18 years of age has the right to divide the vacation into parts.

Article 267 of the Labor Code establishes other features of providing leave to employees under 18 years of age, such as the prohibition of non-provision of annual paid leave, the prohibition of recall from vacation, in accordance with Part 3 of Article 125 of the Labor Code, as well as Part 2 of Article 126 of the Labor Code, it is prohibited to replace vacation with monetary compensation.

Another comment on Art. 267 Labor Code of the Russian Federation

1. Article 267 of the Labor Code of the Russian Federation establishes the following features of granting leave to employees under 18 years of age:

— the right to extended basic paid leave of 31 calendar days;

- the right to use vacation at a time convenient for them.

2. All employees under 18 years of age have the right to basic paid leave of 31 calendar days, regardless of the nature of their work and the characteristics of the employer.

The duration of basic paid leave is 31 calendar days. A collective agreement or collective agreement may establish a leave of longer duration.

The procedure for calculating the duration of vacation for employees under 18 years of age is the same as for adult workers: it includes weekends falling within the corresponding calendar period and does not include non-working holidays. For the procedure for calculating the duration of vacation, see Art. 120 of the Labor Code of the Russian Federation and commentary to it.

3. Young workers enjoy the right to extended leave until the day they turn 18 years old. Therefore, in the working year when they turn 18 years old, the procedure for determining the duration of leave is as follows:

- for the period up to the month of completion of 18 years inclusive, vacation is calculated at the rate of 2.58 calendar days per month of work;

- for the remaining period of the working year - at the rate of 2.33 calendar days per month of work;

— the result obtained after summation is rounded to whole working days according to the general rounding rules.

4. Additional leave (for work with irregular working hours, in the Far North and equivalent areas, in other cases established by federal laws and the collective agreement) for employees under 18 years of age is added to the main paid leave of 31 calendar days. For the procedure for granting additional leave, see Art. Art. 116 - 120 and 321 of the Labor Code of the Russian Federation and commentary to them.

5. Employees under the age of 18 (up to and including the year they turn 18) have the right to take vacation at any time convenient for them. This circumstance should be taken into account when drawing up a vacation schedule.

An employee under 18 years of age has the right to divide his vacation into parts. On dividing vacation into parts, see Part 1 of Art. 125 of the Labor Code of the Russian Federation and commentary to it.

Read also: Can a woman with a child under 3 years of age be fired?

6. In addition to those specified in Art. 267 of the Labor Code of the Russian Federation there are other features of providing leave to employees under 18 years of age:

— the right to use vacation for the first year of work before the expiration of six months of continuous work in the organization (paragraph 2, part 3, article 122 of the Labor Code of the Russian Federation);

— prohibition of non-provision of annual paid leave (Part 4 of Article 124 of the Labor Code of the Russian Federation);

— prohibition of recall from vacation (Part 3 of Article 125 of the Labor Code of the Russian Federation);

— prohibition of replacing vacation with monetary compensation (Part 3 of Article 126 of the Labor Code of the Russian Federation).

• ‹ Article 266 of the Labor Code of the Russian Federation. Medical examinations persons under the age of eighteen
• Up
• Article 268 of the Labor Code of the Russian Federation. Prohibition of sending on business trips, attracting overtime work, work at night, on weekends and non-working holidays for workers under the age of eighteen ›

Article 267. Annual basic paid leave for employees under the age of eighteen.

Annual basic paid leave for employees under the age of eighteen is provided for a duration of 31 calendar days at a time convenient for them.

Comments on the article:

§ 1. Unlike other employees, employees under 18 years of age are annually granted extended vacations, lasting at least 31 calendar days. Collective agreements and social partnership agreements, as well as individual employment contract with a person under 18 years of age may provide for longer annual paid leave for minors, for example 35 - 40 calendar days.

§ 2. The annual leave of 31 calendar days established by labor legislation is provided to all minor workers, including those employed part-time.

§ 3. It is not allowed to carry over annual paid leave for an employee under 18 years of age to the next year. It must be provided annually (see Article 124 of the Labor Code and commentary thereto).

§ 4. An employee under 18 years of age can use annual paid leave at any time of the year convenient for him (by submitting an application to the employer). When drawing up a vacation schedule, the employer is obliged to ask employees under 18 years of age when they want to use their vacation, and only after determining their desire to include them in the vacation schedule.

§ 5. It is prohibited to recall an employee under 18 years of age from vacation (see Article 125 of the Labor Code and commentary thereto).

§ 6. It is prohibited to replace vacation with monetary compensation (see Article 126 of the Labor Code and the commentary thereto).

§ 7. Additional leave for employees under the age of eighteen and entitled to it is provided in addition to their extended annual leave in accordance with Art. 116 TK.

§ 8. The benefits and advantages of minor workers when providing them with annual basic paid leave are expressed not only in increasing the duration of this leave, but also in the peculiarities of the procedure for its provision. Thus, if adult workers have the right to use leave for the first year of work after six months of continuous work in this organization, then an employee under the age of 18 must be granted paid leave before the expiration of six months of continuous work at the request of a minor (Art. 122 TK).

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Leave for a child under 18 years of age

According to the Labor Code, the employer must provide leave to a child under 18 years of age who works under an employment contract at any time convenient for him. And the duration of annual paid leave for such persons is 31 calendar days (Article 267 of the Labor Code of the Russian Federation).

What does it mean? First of all, the condition of 6 months of continuous work with one employer, after which an ordinary employee has the right to leave (Article 122 of the Labor Code of the Russian Federation), does not apply to a minor employee. He has the right to write a leave application even after a month of work. Moreover, for all 31 days of vacation allotted to him, regardless of how many days of vacation he earned. The employer will have to meet him halfway, although this will probably be unprofitable. Therefore, in such a situation, it makes sense for the employer to try to agree with the employee on dividing the vacation into parts, which is permissible under the Labor Code of the Russian Federation.

By the way, if such an employee under the age of 18 exercises his right to early annual paid leave, takes it all off, and does not work for his employer for a year, then upon dismissal he will be able to withhold unearned vacation pay. However, the amount of deductions cannot exceed 20% of the payments that he will need to transfer in connection with the dismissal (Articles 137, 138 of the Labor Code of the Russian Federation).

Other “vacation” guarantees for minor workers

In addition to the longer duration of vacation and the ability to use it at any time, other guarantees are provided for workers under the age of 18 in the Labor Code of the Russian Federation. Thus, the annual leave of a minor employee:

• cannot be postponed to the next year, for example, due to production needs. That is, during the year the child must go on vacation without fail (Article 124 of the Labor Code of the Russian Federation);
• cannot be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation).

In addition to the above, such an employee cannot be recalled from the next vacation (Article 125 of the Labor Code of the Russian Federation).

If the leave is taken after adulthood

Minor workers have the right to enjoy all the preferences that are provided for them by the Labor Code of the Russian Federation until they turn 18 years old. But what if the employee was hired as a minor and goes on vacation after he turns 18? In such a situation, does he have the right to count on 31 days of vacation?

The Supreme Court answered this question at one time: the duration of an employee’s vacation should be determined “in proportion to the time worked before and after reaching the age of majority” (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

Let's explain with an example. Let’s say an employee worked in the organization for 8 months before coming of age, another 1 month after coming of age, and then must go on vacation. Then:

• for the period from the date of hiring until the age of 18, the employee is entitled to a vacation of 20.67 days (31 days / 12 months x 8 months);
• for the period after turning 18 years old until the first day of vacation - lasting 2.33 days (28 days / 12 months x 1 month).

Thus, an adult employee must be granted leave for a total of 23 calendar days (20.67 days + 2.33 days).

If vacation is not used in full before dismissal

When dismissing a minor employee who has not exercised his right to leave, including partially, he must be paid compensation based on 2.58 days (31 days / 12 months) for each month he worked (Article 127 of the Labor Code of the Russian Federation) .

Every “adult” in his youth thought about the possibility of getting a part-time job and earning money through his own labor. The situation does not change today: every independent teenager will always find an opportunity to earn extra money.

This is especially true during the summer and winter holidays, when schoolchildren and students are completely free from school. However, not everyone is familiar with the legislation regarding the labor of minors, which raises a number of questions: when can you work, how much, and for what salary.

No less important is the issue of leave for minors, the concept of which you will become familiar with in the next article.

Normative base

Russian labor legislation regulates all rights and obligations of minor workers and their employers.

The duration of leave for minors is established by Article 267 Labor Code Russian Federation: Employees who have not reached the age of 18 are entitled to an annual paid leave of at least 31 days.

The legislation also provides additional types Leave of minors of the Labor Code of the Russian Federation in the form of Article 116.

This legislative act provides for the opportunity to take additional paid leave while maintaining average monthly earnings.

Labor Code of the Russian Federation

The introduction of such bills will allow teenagers to combine study and work: additional leave You can take it at the beginning of the summer and set aside time to prepare for exams. At the same time, he does not lose his income and job vacancy.

Kinds

The next annual paid leave for minors is provided in the amount of 28 calendar days.

All this time, the employer is obliged to pay the minimum wage to the minor worker and guarantee him a free vacancy upon his return to work.

The law provides for only one paid vacation per working year (not to be confused with the calendar year).

It turns out that an employee who gets a job will not be able to go on paid leave without working 6 calendar months contract.

However, minors and pregnant employees are provided with benefits that allow them to take paid leave regardless of their length of service.

You can take leave at your own expense in the following cases:

• up to 24 days if you did not use primary or additional leave at your previous place of work;
• if you need to complete treatment or study;
• in case of death of relatives from 3 to 7 days;
• up to 30 days if you need to care for a sick relative.

In these cases, the teenager has the right to take additional rest without receiving compensation for days not worked.

Also, by agreement with the employer, he has the right to request up to 15 unpaid days of leave per year.

According to the labor legislation of the Russian Federation, leave for employees employed community service, is provided in direct proportion to the number of days worked.

In addition, there are cases when a minor working in public works has the right to request paid leave after the end of the calendar, but not the working year.

Duration

Basic annual paid leave of 28 calendar days is provided to all employees.

However, pregnant, disabled, and minor employees have the right to certain benefits when receiving leave: a teenager can go on paid leave regardless of their length of service.

If labor legislation(Article 121 of the Labor Code) sets a condition for everyone of 6 months of continuous work to receive leave, then a minor has the right to receive it out of turn.

By agreement with the authorities, the teenager has the right to divide his vacation into several parts and go to work only for a few days.

Work experience of 6 months includes time of illness, stay on study leave, passing a medical examination, forced absence and removal from work.

Also, minors have the right to extended leave, granted for as much as 31 calendar days. This duration is established by Article 267 of the Labor Code of Russia.

The Labor Code of the Russian Federation also provides for norms daily work at 5 o'clock for workers aged 14-16 years and no more than seven hours for seventeen-year-olds.

Such time frames of work require a lot of effort from minor workers who combine study and work, so the length of extended leave of 31 calendar days was introduced into the legislation.

Peculiarities

The procedure for granting leave for minors is regulated by the leave schedule in form T-7, approved by the Resolution of the State Statistics Committee of Russia.

The schedule is drawn up in the form of an A-4 size form and includes the following items:

• last name, first name and patronymic of the minor employee;
• employee's position;
• name of the structural unit;
• number of calendar days of vacation;
• set date for subsequent leave.

In the column about the established date of subsequent leave, two dates are indicated: actual and planned.

Since going on vacation must be agreed upon between the employer and the subordinate, the planned date only implies a month of vacation; the actual one contains more accurate information - the start and end date of the vacation.

You can download the unified vacation schedule form here:

Vacation schedule (unified form T-7)

Documentation

Before agreeing with the employer on the duration and date of leave, you should prepare a number of documents and a corresponding application.

Information about the employee submitting documents for leave is very similar to the criteria of the T-7 form: the form indicates the employee’s last name, first name and patronymic, his position in the enterprise and the name of the regular department, as well as the features of calculating paid leave.

When drawing up an application, you must adhere to the following example:

Sample application

You can download the standard application form here:

Application for leave

Calculation

When a minor goes on paid leave, he has the right to receive vacation pay - the minimum payment for a working day.

To calculate earnings for 28 calendar days, you must use the formula: payments for the year/12/30. Using this formula we will get the amount of minimum earnings per day.

Example:

A 16-year-old employee who worked at the company for a year and received 5,000 rubles a month wants to know the amount of his vacation pay.

To do this, you need to divide his monthly salary by 30 days to get average income per day: 5000/30= 166.7 rubles.

Using this formula, everyone can calculate the amount of vacation pay for 28 days of rest.

Is it possible to provide rest days outside of the schedule?

In case of unforeseen situations, for example, death or serious illness of relatives, the employer is obliged to provide the minor with up to a week of leave.

Also, a teenager has the right to additional unpaid leave if it is necessary to sort out his studies or undergo a medical examination.

Is it possible to combine unused vacations over several years?

According to the law, unused vacation granted each working year is added to the next vacation.

In this case, the teenager will have 56 days of paid leave, but once every two years.

Is it possible to recall a minor from vacation?

According to the third paragraph of Article 125 of the Labor Code of the Russian Federation, it is impossible to recall a minor employee from vacation.

Also, the employer does not have the right to replace parts of the leave with paid or additional leave without agreement with the employee.

Is it possible to pay compensation for unused vacation days?

Compensation for unused vacation is paid in the event of dismissal of an employee, at his request, transfer to another position or replacement of his annual leave.

Are deductions allowed for days not worked?

Withholding of paid vacation pay upon dismissal is not carried out in cases where the enterprise has suffered bankruptcy or reorganization, the employee goes to study or refuses to be transferred to another position.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://kadriruem.ru/otpusk-nesovershennoletnim/

Duration of vacation for workers under 18 years of age | Legal law

These work breaks are of three types:

• paid annual leave;
• additional;
• with non-payment of wages during the vacation period.

Paid annually

This type of leave is provided with the calculation of payment of wages for the employee’s absence from work during the rest period.

For this purpose, standard calculation forms were used for all age categories of workers.

At your own expense

The right to leave for minor workers with pay is granted both at the request of the employee and according to the requirements of the enterprise where he works.

The essence of rest is that wage There is no payment for the entire vacation period.

Leave for a child under 18 years of age

This is stated in Article 116 of the Labor Code.

A company or employer can issue leave for an employee who needs to take exams or during heavy workloads at school or another educational institution.

What is the duration?

In accordance with Article 277 of the Labor Code of the Russian Federation, leave for minors is granted for a period of 31 calendar days inclusive.

A teenager can take a vacation even without working for 6 months whenever he wishes.

Important:If there were public holidays during the vacation period, then they are counted towards the 31st day of vacation.

For example, a minor took leave for the period of May and stayed there for 34 days.

Article 267 of the Labor Code of the Russian Federation. annual basic paid leave for employees under the age of eighteen

Additional leaves for minors It must be remembered that in addition to annual paid leave, employees under the age of 18 have the right to additional paid leaves. For those who combine work and study, according to Article 116 of the Labor Code of the Russian Federation, additional leave is provided while maintaining average earnings.

However, the amount of deductions cannot exceed 20% of the payments that he will need to transfer in connection with the dismissal (Art.
137, 138 Labor Code of the Russian Federation).

Other “vacation” guarantees for minor workers In addition to the longer duration of vacation and the ability to use it at any time, other guarantees are provided for workers under the age of 18 in the Labor Code of the Russian Federation. Thus, the annual leave of a minor employee:

• cannot be postponed to the next year, for example, due to production needs.

• death of loved ones – up to 7 days;
• need to care for a sick relative – up to 30 days.

By law, a teenager is also entitled to:

• take a vacation of up to 24 days at your own expense;
• leave work for treatment or study.

Features and additional restrictions of vacation

The legislation has established some restrictions for employers, which are related to how exactly leave should be provided to employees who have not reached the age of majority.

Thus, according to the Labor Code, the employer must provide leave to minor employees upon their first request.

1. Work for 6 months.

Duration of leave for persons under 18 years of age

In general, the law is awaiting global revision, and it is far from certain that over time a specialized law will not be created that exclusively regulates the labor standards of minor workers.

Moreover, the norms of this law will concern not only such events as hiring, accrual of vacation pay, payment of sick leave, dismissal of an employee, and so on, but also many other factors.

For example:

1. Labor standards;
2. Duration of working hours;
3. Providing time off;
4. Administrative responsibility and much more.

In conclusion, it is worth saying that the law always protects the interests of workers, and minors in the first place.

For those working in rural areas

It does not matter where the minor works - in the city or in the countryside.

Leave for teenagers in any type of job and location is provided on a general basis.

The employer is obliged to provide leave to a minor during the first year of work for a period of 31 calendar days and has no right to withdraw from it or pay in money this 1 month of rest.

When applying for a fixed-term employment contract

A fixed-term employment contract is a transaction between an employee and an employer for a short period of work.

For example, fixed-term contract fits during the summer holidays or absence of a year of study (after school or vocational school).

In accordance with Article 122 of the Labor Code of the Russian Federation, a minor can take leave before the expiration of 6 months from the date of his entry into work.

Article 267. annual basic paid leave for employees under the age of eighteen

Important Thus, a minor who has worked for 6 months has the right to leave legally. Special attention deserves sending workers on vacation “in advance” with their subsequent dismissal at their own request.

The employer of a teenager who quits immediately after a vacation cannot withhold money from his salary as compensation for unworked days if the two-week period for notifying his superiors about his dismissal is included in the annual leave granted to him, i.e. if an employee does not return to work after a vacation.

The procedure for granting vacations in organizations is determined by a special schedule drawn up at the beginning of the year.

Leave for minor workers

But what if the employee was hired as a minor and goes on vacation after he turns 18? In such a situation, does he have the right to count on 31 days of vacation?

The Supreme Court answered this question at one time: the duration of an employee’s vacation should be determined “in proportion to the time worked before and after reaching the age of majority” (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

Let's explain with an example. Let’s say an employee worked in the organization for 8 months before coming of age, another 1 month after coming of age, and then must go on vacation.
Then:

• for the period from the date of hiring until the age of 18, the employee is entitled to a vacation of 20.67 days (31 days / 12 months x 8 months);
• for the period after turning 18 years old until the first day of vacation - lasting 2.33 days (28 days / 12 months.

Leave for a child under 18 years of age

They can also count on study leave, which is necessary for preparing and passing exams for employees combining work and educational activities. Also, this category of citizens may require the employer to provide administrative leave, for example, due to passing entrance exams to a higher educational institution.