The vacation regulations are a local document that is adopted within a specific enterprise.

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Despite the fact that the legislator has covered the relevant issue in some detail in the Labor Code of the Russian Federation, the employer has the opportunity to specify certain provisions and offer more favorable conditions to its employees.

Word of the law

In accordance with the legislation of the Russian Federation, the employee is entitled to paid leave annually. Its standard duration is 28 days. There are also special cases for granting longer leave.

All employees are entitled to annual paid leave. Employees who have worked for more than 6 months in a new place are entitled to receive it.

There are also exceptions to this rule.

What does the Labor Code of the Russian Federation say?

The right to annual leave is enshrined in Art. 122 Labor Code of the Russian Federation. This norm also defines the moment when such a right arises.

In Art. 123 of the Labor Code of the Russian Federation contains information on the order of granting leave, and 124 of the Labor Code of the Russian Federation contains questions on extending or transferring annual leave.

Also in this codified act the following points are disclosed:

• the procedure for dividing leave;
• opportunity ;
• replacing rest with monetary compensation;
• exercise of the right upon dismissal of an employee;
• procedure for granting leave;
• payment of vacation pay.

Is it necessary?

In addition to the Labor Code of the Russian Federation, issues of granting leave are regulated by the employer’s local documents, including regulations.

The publication of such a document is not mandatory. The Labor Code of the Russian Federation covers in some detail all issues related to vacations.

In what cases is it required?

It is usually adopted when the employer wants to clarify some points or expand the rights of employees compared to those specified in the Labor Code of the Russian Federation.

We remind you that if certain standards adopted at the local level worsen the situation of employees, they will be declared invalid.

For what rest periods is it compiled?

We previously talked only about annual paid leave.

However, in practice, the employee is also provided with other periods of rest, including:

• additional leave;
• maternity leave;
• leave without pay.

Each of them has specific reasons for provision, duration and payment procedure. The provision can be left for each of them or only for certain varieties.

Annual regular

Annual leave is provided to all employees who work on the basis of an employment contract.

The peculiarity of this rest period is that the employee retains his place, as well as the average salary.

What may be contained in a vacation clause:

• a special procedure for calculating the average wage, if this does not negatively affect the position of employees;
• an earlier deadline for the payment of vacation pay (according to the Labor Code of the Russian Federation - 3 days before the start of the vacation);
• providing additional compensation, etc.

Additional

Additional leave is granted to individual employees - for example, those who work irregular working hours.

The minimum duration of additional leave in this case is 3 days. But in the vacation regulations, the employer can provide for a longer period.

Moreover, the employer, at his own request, can establish additional days of rest for employees in cases not provided for in the Labor Code of the Russian Federation.

Academic (educational)

Chapter 23 of the Labor Code of the Russian Federation defines guarantees and compensation for those employees who combine work and study. Among others, this is the provision of vacation.

For these days of rest, the average earnings are also maintained. The specific duration of such leave is approved in the Labor Code of the Russian Federation.

Please note that educational leaves can also be without pay, as is also stated in the Labor Code of the Russian Federation.

The vacation regulations may provide for additional compensation for such employees, as well as longer rest on appropriate grounds.

For irregular working hours

An irregular working day involves providing the employee with compensation in the form of additional days of rest - by law, at least 3 days.

In practice, a company may adopt a provision that specifies a longer period.

At your own expense

Employees are provided with more than just paid rest days. In accordance with Art. 128 of the Labor Code of the Russian Federation, for a good reason, an employee may ask to be granted leave without pay.

Moreover, as a general rule, the employer has the right to issue an appropriate order. This leave is provided without fail in the cases provided for in the norm under consideration.

The vacation regulations may provide for additional situations where the employer undertakes to give the employee appropriate rest.

Decree

Maternity leave is provided to women before and after childbirth. This rest period is paid and calculated in the manner established in the Labor Code of the Russian Federation.

In the vacation regulations, the employer can establish a different duration of rest, but only if this does not negatively affect the rights of the employee.

Long rest for teaching staff

Teaching staff are entitled to extended leave, the duration of which is approved by the Government of the Russian Federation.

The Regulations may reflect the procedure for its provision, registration conditions, duration and other factors.

Holiday regulations in 2020

The vacation regulations are a local document in which the employer can provide additional rules, guarantees and responsibilities for employees.

As we have repeatedly emphasized, this act only complements the provisions of the Labor Code of the Russian Federation. It cannot negatively affect the guarantees and rights of workers established by labor legislation.

The provision is valid within one enterprise and is mandatory for all its employees.

General rules and registration procedure

The employer’s right to accept local documents is enshrined in Art. 8 Labor Code of the Russian Federation.

The regulations on the procedure for granting vacations are drawn up as follows:

• developed by decision of the managers of the enterprise or its structural divisions;
• the performer forms the project;
• the document is signed by the manager, who begins to act after the order is issued.

The provision does not have a clear structure. Its content may vary depending on the purpose.

What information is required?

The provision must contain some mandatory details, including:

• name of company;
• name of the type of act;
• date of;
• registration number;
• place of document formation;
• approval stamp;
• text of the regulation;
• visa document approval.

Structure

So, the vacation provision may consist of the following sections:

• types of vacations and their duration;
• vacations granted to individual employees;
• the procedure for granting vacations;
• vacation payment procedure.

There is no clear structure in the law. The employer has the right to formulate the act at his own discretion.

Sample document

We present a sample document. It contains only an approximate text of this act. It may differ at different enterprises.

Sample approval order

We have already mentioned that the provision is put into effect by order.

This document is issued by the head. The order determines the moment the act comes into force, as well as the person responsible for its execution.

Example of an order:

Where and for how long is it stored?

Vacation regulations are most often kept in the HR department or with the manager. A copy of this document may be located in individual departments of the enterprise.

As for the shelf life, limit points have been approved at the state level - the situation should not be destroyed for 75 years.

How and when should changes be made?

Changes should be made in two cases:

• transformation of labor legislation;
• transformation of the employer's position.

Any transformation is also accompanied by the issuance of an order. Employees must be familiar with the new edition of the document.

Nuances of drafting

We have presented general rules for drawing up regulations, as well as an approximate sample document. However, each specific case has its own nuances.

They should be taken into account when drawing up the position.

For state and municipal employees

The vacation of civil servants is regulated by legal norms adopted by the Government of the Russian Federation, as well as local authorities.

These documents determine the length of rest time. It cannot be less than 30 days.

Examples of provisions for this category of workers:

For graduate students

In accordance with Art. 173.1 of the Labor Code of the Russian Federation, graduate students are provided with additional paid leave - 30 calendar days. Moreover, their average wages remain the same for this period.

If an employee has been admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences, then he is entitled to additional leave of 3 and 6 months. Also with the payment of wages.

These guarantees are approved by the Labor Code of the Russian Federation. An employer can only provide benefits, but not limit the labor rights of employees.

For residents of the Far North

Residents of the Far North have the right to additional days of rest.

In accordance with Art. 321 their duration is 24 calendar days. the employer may approve a larger number of rest days.

For medical workers

I APPROVED
CEO
JSC "______________"
____________ /_____________/
" " ___________ 201__.

Leave regulations

1. General Provisions
1.1. This leave provision has been developed in accordance with the Labor Code of the Russian Federation, the Federal Law of the Russian Federation “On Social Protection of Disabled Persons” dated November 24, 1995. No. 181-FZ and other regulatory legal acts of the Russian Federation.
1.2. This leave provision regulates the grounds, conditions and procedure for granting annual basic and additional leaves to the Company's employees.

2. Grounds and conditions for granting annual leave
2.1. Annual basic paid leave of 28 calendar days is provided to all employees of the Company.
2.2. Annual additional paid leave is provided to the following employees of OJSC "______________":
a) employees engaged in work with harmful and (or) dangerous working conditions;
b) employees with a special nature of work;
c) employees with irregular working hours,
d) under the age of 18 - lasting three calendar days;
e) for disabled people - for two calendar days;
f) other employees in accordance with the current legislation of the Russian Federation.
2.3. Employees under the age of 18 (subclause “c” of clause 2.2 of the leave regulations) are granted additional leave at any time convenient for them.

3. Grounds for granting additional annual paid leave
3.1. Annual additional paid leave for work with harmful and (or) dangerous working conditions is provided 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 reduced working day (approved by a resolution of the USSR State Committee for Labor and Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/II-22.
3.2. Annual additional paid leave for employees with irregular working hours, as well as for the special nature of work, is provided to individual employees of the Company on the basis of an employment contract or order of the General Director.
3.3. The procedure for providing annual additional paid leave to the Company's employees on other grounds is regulated by the current legislation of the Russian Federation.

4. Conditions for the provision, use and procedure for registration of annual basic and additional paid leave
4.1. Annual main leave, as well as annual additional paid leave (hereinafter referred to as leave) are provided in accordance with .
4.2. To prepare a vacation schedule for the next calendar year, the heads of divisions of OJSC “______________”, before November 15 of the previous calendar year, submit applications for vacation to the HR department, which indicate: a list of employees of the division, the start and end dates of each type of vacation for each employee of the division.
The HR department checks the compliance of the declared vacation periods with personnel records and current legislation and prepares a draft vacation schedule. The draft vacation schedule is submitted by the HR department before December 1 for consideration by the employer. The vacation schedule for the next calendar year is approved by the employer no later than December 15 of the previous calendar year in compliance with that established by the current legislation of the Russian Federation. The employer issues an order on approval of the vacation schedule.
4.3. If it is necessary to make changes (additions) to the approved vacation schedule, the HR department submits a draft of changes (additions) to the vacation schedule for consideration by the employer. Changes (additions) to the vacation schedule are approved by the employer in compliance with those established by the current legislation of the Russian Federation. The employer issues an order to approve changes (additions) to the vacation schedule.
4.4. The duration of vacation is calculated in calendar days.
4.5. The employee is notified by the Company's HR department of the start time of the vacation against signature.
4.6. The provision of leave is formalized by order (instruction) of the employer. The employee familiarizes himself with the order (instruction) on granting leave against signature.
4.7. Leave is extended in the event of temporary disability of the employee, as well as in other cases provided for by laws and local regulations of OJSC ____________. The employee is obliged to promptly notify the employer in writing of the occurrence of circumstances giving the right to extend the vacation.
The extension of leave is formalized by order (instruction) of the employer. An order (instruction) to extend vacation is the basis for making changes to the vacation schedule.
4.8. Recall of an employee from vacation is allowed in case of production necessity. Transferring vacation to the next working year is permitted in the case where the provision of vacation in the current working year may adversely affect the normal course of work of a structural unit or JSC ____________ as a whole.
The grounds for recalling an employee from vacation (postponing the vacation to the next working year) are:
- a memo from the head of the employee’s department with the employer’s resolution, containing information: on the reasons for recalling the employee from vacation or transferring the vacation to the next working year, about the vacation period from which the employee is expected to be recalled (which is transferred to the next working year);
- written consent of the employee to recall from vacation (postponement of vacation to the next working year), in accordance with the memo from the head of the department, in which the employee indicates the period of subsequent provision of vacation.
The recall of an employee from vacation or the transfer of vacation to the next working year is formalized by order (instruction) of the employer. An order (instruction) to recall an employee from vacation or to transfer vacation to the next working year is the basis for making changes to the vacation schedule.
4.9. Stages of preparation, coordination and approval and execution of documents necessary for registration of the granted leave:
TABLE...

5. Final provisions
5.1. This vacation provision comes into force from the moment it is signed and applies to all employees of OJSC "________________".
5.2. Other issues not reflected in this vacation provision are subject to resolution in accordance with the current legislation of the Russian Federation and other local acts of the Company.

Human Resources Department.

The following have become familiar with the leave regulations: ____________________________.

Preface

• The regulations on vacations and temporary disability were DEVELOPED by the personnel service and accounting department of the Civil Code.

• The Regulations are APPROVED by the General Director of the Group of Companies.

• The regulation comes into effect from the date of approval.

• Regulation INTRODUCED FOR THE FIRST TIME.

• CHANGES to the Regulations are developed based on the results of its application in the Group of Companies or when the requirements of regulatory documents on the basis of which the Regulations were developed change.

1 area of ​​use
2. Normative references
3. Definitions
4. Duration of annual leave
5 Duration of leave without pay
6 Procedure for granting vacations
7 Calculation of length of service giving the right to leave
8 Payment of annual leave
9 Payment for maternity leave
10 Procedure for issuing certificates of incapacity for work (sick leave)
11 Payment for temporary disability (documented with sick leave)

1 area of ​​use

• This Regulation defines:

• the procedure for granting, registering and paying for vacations and their duration;
• the procedure for issuing certificates of incapacity for work (sick leave) and their payment;
• responsibility of the heads of structural units, Personnel Services and Accounting for compliance with the established procedure.

• This Regulation applies to employees of all divisions of the Group of Companies.

• All other issues regarding the procedure for granting, registering, paying for vacations and temporary disability, not covered by these Regulations, are regulated by the Labor Code of the Russian Federation.

• This Regulation uses references to the following regulatory documents:

Labor Code of the Russian Federation;
Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and supplemented on April 15, 1992.

3. Definitions

• In these Regulations the following terms with corresponding definitions are used:

• Salary according to staff schedule- official salary corresponding to the staffing table of the relevant legal entity.

• Bonus- These are bonus payments equal to the difference between the salary according to the staffing table and the employee’s full salary.

• Full salary- includes salary according to the staff schedule and a bonus.

4. Duration of annual leave

• Annual paid leave is provided to employees for at least 28 calendar days.

• Vacation is calculated according to the calendar, including weekends (holidays that fall during vacation are not included).

• The number of vacation days is calculated at the rate of 2.3 working days for one fully worked month ( 28 calendar days in 12 months , Saturdays and Sundays included as part of the next vacation).

• The recommended duration of one-time leave for employees is 14 calendar days.

5. Duration of leave without pay

• For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.

• Leave without pay is granted for a total duration of no more than 10 working days per working year.

• In case of emergency, by decision of the immediate supervisor, the employee may be granted additional leave without pay.

6. Procedure for granting vacations

• Annual vacations are granted to employees of the Civil Code in accordance with the priority drawn up in the form of a vacation schedule. Vacations can be granted at any time during the year, but without disrupting the normal course of work of the enterprise. When drawing up a vacation schedule, the time and order of granting vacations are determined taking into account the characteristics of the enterprise’s production process and the wishes of the employees.

• The right to receive annual leave for the first year of work in the Civil Code is granted to employees about the expiration of 6 months of work lasting no more than 14 calendar days. If necessary, leave can be granted before the expiration of 6 months for actual time worked at the discretion of the immediate supervisor and under his responsibility.

• The employee writes an application for leave addressed to the general director of the relevant legal entity, gets a visa from the immediate manager (if it complies with the leave schedule or the manager’s consent) and submits it no less than a week before the date of the intended leave to the human resources department of the personnel service.

If the vacation is not planned (does not correspond to the vacation schedule), the application is submitted no later than 2 weeks before the date of the planned vacation.

• The immediate supervisor endorses the leave application based on his own decision on the possibility of granting leave. If the employee’s requested vacation is related to departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are agreed upon with the immediate supervisor in advance before the employee takes on additional obligations related to the departure.

• The employee submits a signed application to the HR department. The HR department accepts the application and registers it. If the number of vacation days is equal to or exceeds 6 days, the HR department issues an official order granting vacation.

• If the requested leave does not exceed 5 days, then no less than a week in advance, the employee writes an application for leave addressed to the HR director, gets it endorsed by his immediate supervisor and submits it to the HR department. The HR department accepts the endorsed application and registers it. When an employee has a total of 6 days or more, the HR department informs him about this and issues official leave for the days used. In this case, the employee writes a new vacation application addressed to the general director of the relevant legal entity for the total number of vacation days used, endorses the application from his immediate supervisor and submits it to the personnel department, which issues an official order.

• An employee first uses annual leave for the time actually worked, and then unpaid leave. In cases where an employee does not have earned days of paid leave, he, by decision of his immediate supervisor, is granted leave without pay.

• An employee who has worked in the Group of Companies for at least a year, in the absence of unused days of paid leave, paid leave may be provided in advance, in an amount not exceeding 14 calendar days, on account of future work.

• The head of a unit who goes on vacation for a period of 6 days or more is obliged to assign his duties to one of the employees of the assigned unit during his absence. Registration procedure: the head of the unit submits a memo to the HR department indicating the full name, position of the employee to whom he assigns his responsibilities and deadlines; The HR department issues an order in the prescribed form.

7. Calculation of length of service giving the right to leave

• The length of service that gives the right to leave includes the actual time worked. Other periods of time when the employee did not work (for example, leave without pay, absenteeism) are not counted (except for periods of illness, parental leave for up to 1.5 years).

• Vacation for the current working year of at least 14 calendar days must be used by the employee before the end of the given working year. The remainder of the unused vacation may be added to the vacation for the next working year.

• Postponement of vacation for more than 1 year is not allowed. Earned vacation days, if not used at the employee’s initiative, are not compensated.

• Annual leave payment

• Payment for annual leave consists of two parts: payment of earnings during the leave based on the salary according to the staffing table and a leave bonus. Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the labor legislation of the Russian Federation.

• To calculate the vacation bonus, the following methodology is used:

• The employee’s bonus is summed up in rubles for the last three maximum fully worked months. The resulting amount is divided by 75 (3 months of 25 days - weekdays and Saturdays). The amount received determines the average daily earnings for vacation pay. The resulting average daily earnings are multiplied by the number of vacation days (Appendix 1 - for joint ventures and accounting);

• If an employee takes vacation for less than one week, the vacation bonus is paid only at the end of the month for all vacation days used in that month.

• Compensation for unused vacation is paid only upon dismissal.

• Payment of the bonus for the next vacation for employees of sales departments is made from the bonus fund of the sales department.

• Payment for maternity leave

• The calculation is similar to the calculation of the annual leave bonus, but has a number of differences:

• when calculating average daily earnings, the estimated duration of one month is 21 working days;

• The number of days of maternity leave subject to payment includes only working days without Saturdays.

• When calculating maternity leave, the number of working days for a given calendar period is calculated (Appendix 2 - for joint ventures and accounting).

• Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the Labor Code of the Russian Federation without taking into account length of service.

• A maternity leave bonus is paid subject to at least 2 years of work experience in the Civil Code at the start of maternity leave.

• Payment of the maternity leave bonus for employees of sales departments is made from the bonus fund of the sales department and is calculated based on the average bonus for the year.

• Procedure for registering temporary disability (due to illness)

• The Civil Code uses two types of registration of temporary disability due to illness:

• without issuing sick leave (due to sickness at home) - no more than three working days, no more than twice during one calendar year, recorded as working days in the official report card;

• with registration of sick leave (certificate of incapacity for work), in the report card they are drawn up as sick leave.

• In case of illness, the employee must:

• inform your immediate supervisor and (or) timekeeper about your absence due to illness on the first working day of absence from work within three hours from the start of the working day;

• if the fact of illness is documented with a certificate of incapacity for work (sick leave), from the moment the sick leave is issued, the employee is obliged to notify the timekeeper of the start date of the sick leave (for the timekeeper to enter the data into the Timesheet program).

• The employee, within five working days from the date of returning to work after an illness documented with a sick leave certificate, provides the sick leave certificate to the HR department.

• The HR department issues a sick leave certificate within one working day in accordance with the requirements of the Labor Code of the Russian Federation and transfers it to the accounting department.

• Payment for temporary disability (sick leave)

• Sick leave certificates are paid based on wages according to the staffing table. The calculation is made in accordance with the Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and supplemented on April 15, 1992.

• Home sickness supplement or on certificates of incapacity for work the following is paid in the form of a bonus:

• for illness at home (without issuing sick leave) - for a duration of no more than 3 working days, no more than twice during one calendar year, paid in full;

• for certificates of incapacity for work (sick leave) - paid for no more than 10 working days of illness during one calendar year;

• the total duration of fully paid sick days (salary according to the staff schedule plus bonus) does not exceed 10 working days during the calendar year;

• temporary incapacity for work exceeding the established period and documented with a sick leave certificate is paid in accordance with the Labor Code of the Russian Federation, based on wages according to the staffing table;

• The exception is cases of severe illness, confirmed by certificates of incapacity for work, which are paid in full.

• The calculation is similar to the vacation bonus calculation.

• Payment of a bonus for temporary disability of employees of sales divisions is made from the bonus fund of the sales division.

HR Director I.I. Ivanov

Basic information on the procedure for granting vacations is contained in the Labor Code of the Russian Federation. However, managers are strongly recommended to additionally draw up vacation regulations. This will make it possible to regulate the nuances, the presence of which is determined by the specifics of a particular area of ​​activity of an economic entity.

The standard under consideration will make it possible to regulate such aspects of providing vacations that are not provided for in labor legislation, such as:

• features of providing enterprise personnel administrative leave. It is assumed that the Regulations may contain a specific list of conditions on the basis of which employees will be granted such leave;
• nuances of providing employees additional holidays, which are not regulated by the Labor Code of the Russian Federation, but are allocated for decision by agreement of the parties;
• special nuances of providing subordinates study holidays;
• problematic aspects of dividing and combining main and additional leave, as well as the procedure for paying for such periods;
• a list of personal documents of employees required in a particular company, which entities must provide when applying for various types of vacations or rescheduling vacations;
• any other controversial aspects related to providing staff with annual rest periods.

In addition to the above, the Regulations under consideration may also contain additional regulation of problematic aspects regarding the payment of vacation funds.

In the process of drawing up the document, the employer must remember that in any circumstances the accepted conditions and additional provisions should not worsen the financial condition of employees, nor shorten the total period of leave for subordinates required at the federal level. This position is enshrined in Art. 8 Labor Code of the Russian Federation.

So, for example, if an employer decides to reflect in the Regulations the situation of providing workers with additional leave due to the harmful influence of production factors, he should take into account that it is unlawful to establish in a local standard a shorter period than that stipulated in Art. 117 Labor Code of the Russian Federation. It is understood that a local act may stipulate 8 or more additional days of vacation for the category of workers in question, but not less than 7.

Vacation regulations: sample

The provision in question is a local binding act, which prescribes labor law norms. It reflects the conditions for providing days of rest, which are subsequently submitted to the employer for consideration. Typically it includes the following vacation clauses:

• type (basic, without content, additional, educational, etc.);
• duration;
• to whom it is due and on what grounds;
• features of calculating monetary compensation;
• start/end date;
• documents required for registration;
• other information.

The relationship between management and employees at the enterprise, the procedure for their work and rest and other provisions are fully regulated by the articles of the Labor Code of the Russian Federation.

Types of leave are determined by labor legislation. But an enterprise, as a separate economic entity, has the right to supplement these procedures.

Such an internal document regulating the regime of work and rest is the provision on the provision of vacations.

Each employee, regardless of his qualifications, type of activity and other parameters, is entitled to a single vacation of 28 days during the year. This is not his only right to a long rest. An employee has the right to receive one or another type of leave after 6 months from the date of commencement of work at the enterprise. This provision is specified in Art. 122 Labor Code of the Russian Federation.

If you check the letter of the law, the types of leaves under labor law are as follows:

1. With or without pay;
2. Due to pregnancy and due to the approaching birth;
3. Additional vacation days;
4. Annual – according to schedule;
5. Due to a break from school.

Each of them differs from each other in duration. In 2018, changes were made to the vacation regulations. The new rules affected state and municipal employees. According to the sample vacation regulations, if previously they were entitled to 35 days of vacation, now this figure has been reduced by 5 days.

Leave regulations

Additional leaves are provided depending on the type of activity and the employee’s length of service. Thus, according to the provisions on the provision of leave, designated persons receive additional leave according to the following criteria:

• For performing work of a special nature. Their nuances and duration are determined by the Decrees of the Government of the Russian Federation;
• If the work schedule is not standardized, then an additional 3 days are allowed;
• For the work of the VUS - 7 days of additional leave are entitled.

With regard to length of service, the following provision applies:

• Workers with 15 years of experience can count on 10 days;
• If the length of service is less than this period, but more than 10 years, then the additional rest will last 7 days;
• Employees with 5 to 10 years of experience receive 5 additional days of rest;
• From the start of work until 5 years, 1 day is required.

In practice, most believe that the first vacation can only be obtained after working for 1 year or more. But, according to Rostrud Letter 5277 of 2007. The right to vacation can be exercised after 6 months of work in a new place, and in some cases even earlier. The sample vacation regulations for 2018 do not contain fundamental changes in this area.

The regulation on granting vacations is a local regulatory act that reveals the rules for granting vacations to employees of a particular enterprise. Of course, all employers are required to provide vacation time to their employees.

This norm, as well as the procedure for providing and paying for rest, are stipulated in labor legislation. However, at many enterprises changes are being made to existing standards. These adjustments can create a more favorable environment for workers. All details are specified in the local Regulations on the provision of vacations.

Existing legislation does not oblige employers to adopt vacation provisions. However, to clarify controversial issues, such a local regulatory act can be introduced at the enterprise. Despite the fact that its content is not regulated by law, there are certain recommendations for its preparation, developed in practice.

Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law standards. This possibility is enshrined in Article 8 of the Labor Code of the Russian Federation.

However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code.

Typically, the provision specifies those aspects that are at the discretion of the employer. Among them:

• some conditions for granting additional leave;
• issues of providing rest without pay, as well as its maximum duration;
• a list of documents required to provide vacation at your own expense;
• issues of additional payments in connection with vacation.

Since the labor legislation of the Russian Federation presupposes the need to provide regular paid leave to company personnel, employers should have local acts to regulate the procedure for their provision. For this purpose, enterprises publish the Vacation Regulations - a local standard reflecting detailed information on the annual main and additional vacation.

Practice demonstrates that companies can use several local standards regulating vacation issues. Documents are expected to regulate general provisions regarding vacations, as well as separate standards for local problems (for example, Regulations on the provision of annual paid leave or Regulations on the provision of free vacations).

However, often one standard is drawn up, containing most of the nuances that need to be covered.

There is no clear legally regulated form of the Regulations. This determines the right of employers to independently formulate the form of the Regulations, taking into account the general requirements of the legislation for the preparation of local acts, as well as ensuring decent working conditions for employees.

Employers who place their employee in an official place of work must provide him with annual paid leave and any additional leave on an annual basis. This requirement is fully regulated by the provisions of the current federal legislation.

It is worth noting the fact that the law does not establish a direct requirement for approval of the vacation regulations in the organization. However, this is done on the basis of other organizational regulatory documents, which, in turn, establish the rights and responsibilities of employees, as well as their nature of interaction within the enterprise.

What the Law Says

The grounds and procedure for granting leave are regulated by the norms of the Labor Code of the Russian Federation. At the same time, the relevant regulations do not establish requirements for the direct employer to compulsorily register rest days for their employees. That is why both parties may need a sample vacation clause to agree on agreements in a timely manner.

The current labor legislation fully defines the requirements for the development and approval of a vacation schedule based on the norms of Article 123 of the Labor Code of the Russian Federation. The schedule is drawn up 2 weeks before the end of the next working year. It is important to remember that for certain categories of citizens this period can be changed individually.

Among such conditions, it is worth highlighting the mandatory allocation of additional vacation days for employees of municipal institutions and bodies belonging to the Ministry of Internal Affairs of the Russian Federation. This is due to the specific characteristics of work activity or hazardous working conditions.

Practice shows that in order to satisfy legal requirements, each employer is forced to specify them in a separate local act, taking into account the specifics of the activity.

Each employer interested in the rapid development of his own organization is obliged to provide for the formation of an appropriate regulation specifying individual situations related to the provision of vacation days or their transfer due to an employee’s illness.

In 2018, the provision in question can be formalized when granting various types of leave.

• separate conditions for granting additional annual leave. We are not talking about those additional leaves, the procedure for providing which is regulated by law;
• the procedure for granting and deadlines for unpaid leave;
• documents required for granting vacations at your own expense.

The procedure for introducing leave provisions in an organization

The vacation regulations are an internal document of the company that discloses the regulatory requirements of the law and specifies them in a specific organization. Based on the name, aspects of the provision of vacations in the company are subject to reflection, in particular, an indication of the time interval that employees may be absent from the workplace annually.

In most cases, a sample vacation clause should include the following information:

1. Types of vacation periods (regular and additional) used in the company;
2. Duration of the rest period, specified depending on the type of leave;
3. Employees who may be granted a certain type of leave period;
4. Conditions for registration of vacations;
5. Nuances of calculating and issuing compensation payments to vacationers, calculation methods;
6. A package of documents for registration of vacations in the company;
7. Other information detailing the process of providing all types of leave to the organization.

Labor legislation stipulates that the approval of vacation regulations in a company should not worsen the situation of employees. This requirement is established by Article 8 of the Labor Code of the Russian Federation.

The application of the provision on granting leave at the initial stage requires the development of the document itself. To do this, the authorized person must carry out analytical activities to identify points requiring detail, as well as conduct discussions with employees and reflect the information received in the appropriate document.

After the regulations are developed, a schedule is drawn up and an order from the manager is issued. Employees must be familiarized with these documents against signature. To do this, employees contact the personnel service to receive relevant information and clarify the nuances if necessary.

For new employees of the company, familiarization with the document is carried out during the hiring period, but before the signing of an employment contract between the employee and the employer.

The document contains a well-designed header of paper, as well as several sections that relate to various types of leave provided to employees.

The header should include the name of the organization, full name and position of the head (director, general director, etc.), as well as the actual date of formation of the Regulations.

Sections of the Leave Regulations look like this:

If the company has a trade union formation, upon completion of the development of the draft Regulations, it must be certified by a representative of the specified body. After approval and publication of the Order, the document is considered to come into force.

After the Regulations have been drawn up and approved, a director’s order must be published, which states the obligation of company personnel to follow the introduced local standards. The said order also specifies the person responsible for the execution of this document.

The Leave Regulations and the Order granting legal force to the Regulations must be kept together. In turn, the Order in question will be an appendix to the main document.

In accordance with the provisions of Art. 68 of the Labor Code of the Russian Federation, each employee must be familiar with the local acts being put into effect against signature even before concluding an individual employment agreement.

How are holidays granted?

We discussed the specifics of providing annual paid leave, unpaid leave, maternity leave and educational leave, as well as the specifics of their registration in separate consultations.

The need to draw up vacation regulations

Vacation regulations are not drawn up in absolutely every Russian company due to the fact that labor law does not establish direct instructions and requirements for implementation regarding this.

However, an organization that has approved such a document in its activities will be able to protect itself during the period of labor disputes regarding the provision of vacations with its employees, and also consider how labor law rules apply in relation to the company’s activities.

The vacation policy approved by the company provides the opportunity for the organization’s management and its personnel to stipulate situations not covered by the law.

In order to draw up a provision, it is necessary to take into account the opinions of both parties to the labor relationship, and the conditions defined in it must not contradict the requirements of the law.

The vacation regulations may include the following types of vacations:

Approval and sample leave regulations

What the Law Says

If we talk about what constitutes vacation for an employee, then this is a continuous period of rest for an employee for several days in a row while maintaining the position held by the employee.

Many companies, when providing vacation periods for their employees, are guided only by the norms of the labor code. However, the development in an organization of such a document as a provision on the provision of vacations will make it possible to specify the legal requirements and determine the conditions for the provision of vacations in the organization.

The manager publishes an Order, based on which the Regulations are considered binding from a specific date.

Limited Liability Company "Caramel City"

ORDER No. 884/E

On approval of the Regulations on vacations for employees of Caramel City LLC

I ORDER:

1. Approve the Regulations on vacations for employees of Caramel City LLC.
2. Give legal force to the Regulations on vacations for employees of Caramel City LLC from 12/01/2018.

AND ABOUT. General Director Kazantsev S.P. Kazantsev S.P.

The Order and Regulations must be preserved in the personnel department for 75 years. Copies of the reviewed documents may be kept in different departments of the company.

It is lawful to make adjustments to the Regulations only in the event of changes in legislation or the structure of the company.

Thus, the Leave Regulations are not a mandatory document. However, employers are strongly recommended to put it into effect in order to regulate certain aspects of the provision of vacations and related funds that are not reflected in the Labor Code of the Russian Federation.

As of 2020, the list of persons who are granted leave at any time has been changed. Now this right extends to another category of workers. In the article, we provided new rules that will help the accountant pay vacation pay correctly in 2020.

New vacation rules

In 2020, employees were given the right to choose their vacation time from January 1. All employees listed in the table must fill out vacation schedule for 2020 as a priority, otherwise the fine for the accounting department is 50,000 rubles.

The list will be supplemented by employees who have three or more children. An important condition is the age limit (up to 12 years). The benefit will apply to both parents. New article 262.2 was introduced into the Labor Code of the Russian Federation by federal law dated October 11, 2018 No. 360-FZ.

Vacation schedule form for 2020

On our website you can download the vacation schedule for 2020.

You can fill out the vacation schedule online automatically in the BukhSoft program. The program will tell you which fields to fill in without errors.

Fill out the vacation schedule online

To whom is the accounting department obliged to provide paid leave?

Annual paid leave is provided to all persons working under an employment contract in organizations of any form of ownership, regardless of the position held by the employee, the degree of his employment (full-time or part-time), the job duties performed and the form of remuneration. Annual paid leave is also provided:

• employees performing their work duties at home (clause 4 of article 310 of the Labor Code of the Russian Federation)
• part-time workers (clause 2 of article 287 of the Labor Code of the Russian Federation)
• employees with whom an employment contract has been concluded for a period of up to two months (Article 291 of the Labor Code of the Russian Federation)
• seasonal workers (Article 295 of the Labor Code of the Russian Federation)

The head of the company has the right to grant leave to the employee “in advance” at any time. As for the obligation to provide leave, it arises only if the employee has the length of service necessary to receive leave (Article 121 of the Labor Code of the Russian Federation).

• Related article: New rules for payment of vacation pay from October 1

In addition to the main annual paid leave, company policy may also provide for additional annual leave. It could even be one day, for example, September 1st. But in some cases, annual additional leave is not an employer’s right, but an obligation. Thus, annual additional leave should be provided to employees:

• with irregular working hours (Article 119 of the Labor Code of the Russian Federation)
• workers in the Far North, including part-time workers (Article 116 of the Labor Code of the Russian Federation)
• workers in areas equated to the regions of the Far North, including part-time workers (Article 116 of the Labor Code of the Russian Federation).
• if their labor duties are of a special nature (Article 118 of the Labor Code of the Russian Federation)
• if their working conditions, according to the results of a special assessment (SOUT), are classified as harmful 2, 3 or 4 degrees or dangerous (Article 117 of the Labor Code of the Russian Federation)
• in cases provided for by the Labor Code of the Russian Federation or other federal laws (Article 116 of the Labor Code of the Russian Federation):

1. employees of representative offices of the Russian Federation abroad (the list of countries in which work gives the right to additional leave is approved by Decree of the Government of the Russian Federation of April 21, 2010 No. 258)
2. municipal employees (Article 21 of the Federal Law of March 2, 2007 No. 25-FZ)
3. judges (clause 2 of article 19 of the Federal Law of the Russian Federation of June 26, 1992 No. 3132-1)
4. prosecutors, pedagogical and scientific employees of the prosecutor's office system of the Russian Federation (Article 41.4 of the Federal Law of January 17, 1992 No. 2202-1)
5. employees of the Investigative Committee (Article 25 of the Federal Law of December 28, 2010 No. 403-FZ)
6. employees of customs authorities (Article 39 of the Federal Law of July 21, 1997 No. 114-FZ)
7. civil servants for length of service (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ)
8. coaches and athletes (Article 348.10 of the Labor Code of the Russian Federation)
9. rescuers of emergency rescue services and units taking part in work to eliminate emergency situations (Article 28 of the Federal Law of August 22, 1995 No. 151-FZ)
10. citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site (Article 2 of the Federal Law of January 10, 2002 No. 2-FZ)
11. citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant (Article 14 of the Federal Law of May 15, 1991 No. 1244-1)

• Related article: Calculation of vacation pay in 2019 in a new way

Vacation dates in 2020

The employer is obliged to provide paid leave to the employee annually (Article 122 of the Labor Code of the Russian Federation). The duration of the main paid leave is 28 calendar days (Article 115 of the Labor Code of the Russian Federation), including for external part-time workers (Article 284, paragraph 2 of Article 287 of the Labor Code of the Russian Federation), but extended main leave is also possible.

Duration of basic annual paid leave

Duration of annual additional paid leave

Procedure for granting leave in 2020