18.05.2020

The provision on holidays in labor legislation. Vacation policy: sample


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Leave to employees must be provided by all employers. However, the Vacation Regulations are an unusual document for many. Is the Regulation on holidays necessary for the employer and employee? We will talk about this in our consultation.

Do I need a vacation policy?

Labor legislation does not contain requirements for the employer to have the provisions on vacations. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues of granting holidays that are not regulated by the current legislation and are left to the discretion of the parties.

Thus, the Labor Code of the Russian Federation provides for vacations of several types. which was discussed in a separate consultation. To resolve the issue of what to reflect in the Regulation on holidays, it is necessary to determine the conditions for their provision.

How holidays are provided

What to reflect in the Regulations on holidays

It is advisable to reflect in the Regulations on holidays those conditions for granting holidays that are given at the discretion of the employer. For example, they include:

  • separate conditions for granting additional annual leave. We are not talking about those additional holidays, the procedure for granting which is regulated by law;
  • the procedure for granting and deadlines for holidays without saving wages;
  • documents required for granting holidays at their own expense.

Questions additional payment in connection with vacation can be reflected both in the Regulations on holidays and in the Regulations on remuneration.

The provision on holidays refers to a local regulatory act containing norms labor law. It is important to take into account that the terms of the Vacation Regulations, which worsen the position of employees in comparison with the established labor legislation, are not subject to application (Article 8 of the Labor Code of the Russian Federation).

Vacation policy: sample

The regulation on holidays can both disclose issues related to the provision of all types of holidays to employees, and clarify only certain aspects. So, the organization may have the Regulations on annual additional paid holidays, the Regulations on holidays without pay, and others.

An example of the Regulations on annual additional paid holidays.

Also read:

Vacation policy

This Regulation determines the procedure for granting, processing and paying for vacations and their duration and applies to all employees of ____ LLC (hereinafter referred to as the Company). The position was introduced for the first time.

I. Length of annual leave

1.1. Annual paid leave is granted to the Company's employees for a period of at least 24 calendar days.

1.2. Employees working under a fixed-term employment contract are provided with an additional incentive leave of up to 5 calendar days in accordance with clause 2.5. Decree of the President of the Republic of Belarus N 29 of July 26, 1999 and Article 160 of the Labor Code of the Republic of Belarus.

1.3. Employees who have irregular working hours are provided with additional leave for an irregular working day lasting up to 7 calendar days in accordance with Article 158 of the Labor Code of the Republic of Belarus.

1.4. Employees with a long work experience in the Company for more than 5 years are provided with additional leave for a long work experience of up to 3 calendar days in accordance with Article 159 of the Labor Code of the Republic of Belarus.

1.5. Employees employed in jobs with harmful and (or) dangerous working conditions, on the basis of attestation of workplaces for working conditions, are granted additional leave for work with harmful and (or) dangerous working conditions.

The duration of additional leave for work with harmful and (or) dangerous working conditions and for the special nature of work is established by the Resolution of the Council of Ministers of the Republic of Belarus dated 19.01.2008 N 73.

1.6. The procedure, conditions for granting and duration of additional holidays are determined by the employment contract with the employee.

1.7. An employee is entitled to additional paid rest days in the following cases:

- death of a close family member - 2 days;

- serious illness of a close family member - 1 day (the need to care for a sick family member must be confirmed by a certificate medical institution or an official medical certificate);

– wedding of an employee – 2 days;

- the birth of a child - 1 day.

Within the framework of this Regulation, close family members are recognized: husband, wife, children, parents, brother, sister.

1.8. Additional paid rest days are provided if the cases listed in clause 1.7 fall on a working day. The total number of additional paid days off must not exceed 7 (seven) days per year. If these days are not used, they cannot be added to annual leave.

1.9. 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.

1.10. Leave without pay is granted for a total duration of not more than 14 working days in one working year.

1.11. Vacations are calculated according to the calendar including weekends ( holidays falling on vacation are not included in it and are not paid).

1.13. Employees hired by the Company on a part-time basis are not granted additional leave for irregular working hours.

1.14. The time actually worked by each employee is recorded in the timesheet.

II. The procedure for granting holidays

2.1. Granting leave to the employees of the Company is carried out in accordance with the previously approved vacation schedule.

2.2. At the beginning of the year, each department should draw up vacation schedules for employees for the current calendar year.

2.3. The vacation schedule is approved by the head of the Company and agreed with the head of the personnel department.

2.5. When scheduling vacations, consider:

2.6. The employer must notify the employee of the start time labor leave not later than 15 calendar days.

2.7. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel department. In this case, the Employee must write an application no later than 1 month before the expected start date of the vacation. Adjustment of vacation periods is allowed if there are good reasons, in agreement with the director of the Company, only as an exception.

Read also: How to open sick leave on a day off

2.8. The application for leave is submitted on the day it is written to the head of the organization. The immediate supervisor approves the leave application based on their own decision on the possibility of granting the leave. If the requested vacation of an employee is associated with departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are agreed with the immediate supervisor in advance until the employee assumes additional obligations related to the departure.

2.9. The original application must be submitted to the personnel department on the day it is signed by the director of the Company.

2.10. Two days before going on vacation, the employee transfers cases to the employee temporarily replacing him.

2.11. If for some reason the employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.

2.12. The right to receive annual leave for the first year of work in the Company is granted to employees after 6 months of work lasting no more than 14 calendar days. If necessary, leave may be granted before the expiration of 6 months for the time actually worked at the discretion of the immediate supervisor.

2.13. The employee, first of all, uses the annual leave for the time actually worked, and then the leave without pay.

2.14. The head of the department, going on vacation, is obliged, during his absence, to assign his duties to one of the employees of the entrusted department.

2.15. Transferring vacation for more than one year is not allowed. Earned vacation days, in case of non-use at the initiative of the employee, are not compensated.

2.16. Time off is provided to employees for additional hours or days of work that are not provided for by the daily work schedule of the unit or employee.

2.17. The employee must inform the head of the department in advance about the dates of his days off.

2.18. Holidays are paid according to the average wage. Bonuses accrued to the unit for a period of time are calculated in proportion to the hours worked for this period.

2.19. All issues not regulated in this Regulation are resolved in accordance with the current legislation of the Republic of Belarus and labor contracts with workers.

2.20 Changes and additions to the Regulations are developed based on the results of its application in the Company or when requirements change normative documents on the basis of which the Regulation was developed.

Annexes to the document:

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  • Adjustments have been made to

    Regulations on annual additional paid holidays

    1. General Provisions

    1.1. This regulation establishes the grounds, conditions and procedure for granting employees of [name of organization] annual additional paid holidays (hereinafter referred to as employees, additional holidays).

    1.2. This provision has been developed and approved in accordance with Labor Code RF, [specify regulations governing the provision of additional holidays for employees of organizations of the relevant profile, for example, Decree Government of the Russian Federation of December 30, 1998 N 1588 "On the establishment of doctors general practice(family doctors) and nurses of general practitioners (family doctors) annual additional paid 3-day leave for continuous work in these positions”].

    1.3. Additional leave must be granted to the employee annually.

    1.4. The right to use additional leave for the first year of work arises for the employee after six months of his continuous work in [name of organization].

    1.5. By agreement of the parties, additional leave may be granted to an employee before the expiration of six months.

    1.6. Before the expiration of six months of continuous work, additional leave at the request of the employee must be granted:

    - for women - before maternity leave or immediately after it;

    - employees under the age of eighteen;

    - employees who have adopted a child (children) under the age of three months;

    - persons working part-time (leaves are granted at the same time at the main job and at part-time work; if the employee has not worked at part-time work for six months, then leave is granted in advance).

    1.7. Additional leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established in [name of organization].

    1.8. Additional holidays are provided with the preservation of the place of work (position) and average earnings.

    1.9. Payment for additional holidays not related to labor activity financed from the budget.

    1.10. Additional holidays are calculated in calendar days.

    1.11. Non-working holidays falling on the period of additional leave are not included in the number of calendar days of additional leave.

    1.12. When calculating total duration annual paid leave, additional holidays are added to the annual basic paid leave.

    1.13. Additional leave is provided in accordance with the vacation schedule.

    1.14. Again hired workers not included in the schedule, additional leave is provided upon their application, agreed with the immediate supervisor.

    1.15. Additional leave must be extended or rescheduled for another period in the following cases:

    - temporary disability of the employee;

    - performance by the employee during the vacation of state duties, if the labor legislation provides for exemption from work for this;

    - [other cases provided for labor law. local regulations].

    1.16. In accordance with the current legislation, additional leave is granted to the following categories of employees: [select based on the characteristics of the organization's activities]

    - employees engaged in hard work and work with harmful and (or) dangerous working conditions;

    - employees with a special nature of work;

    - employees with irregular working hours;

    - employees working in the regions of the Far North and equivalent areas;

    — [other categories of workers, for example, workers who were exposed to radiation as a result of a disaster at Chernobyl nuclear power plant or as a result of nuclear tests at the Semipalatinsk test site; additional holidays may also be provided for in the regulatory legal acts of the subjects Russian Federation].

    1.17. [name of organization] provides additional vacations:

    [are established taking into account production and financial opportunities employer, for example social activities, for a long work experience in the organization, etc.].

    2. Length of service giving the right to additional leave

    2.1. The length of service giving the right to additional leave includes:

    - time actual work;

    - the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work (position) was retained, including time annual paid leave, non-working holidays, weekends and other days of rest provided to the employee;

    - forced absence time illegal dismissal or suspension from work and subsequent reinstatement in the previous job;

    - the period of suspension from work of an employee who has not passed the mandatory medical checkup(examination) through no fault of their own;

    - the time of leave granted at the request of the employee without pay, not exceeding 14 calendar days during the working year.

    2.2. The length of service giving the right to additional leave does not include:

    - the time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Art. 76 of the Labor Code of the Russian Federation;

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    - the time of leave to care for a child until he reaches the age established by law.

    2.3. The length of service giving the right to additional leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

    In this case, only those days are taken into account when the employee actually worked in these conditions for at least half of the working day established for employees. this production, shop, profession or position.

    2.4. In the length of service, giving the right to workers traveling to perform work on a rotational basis in the regions of the Far North and areas equated to them from other areas, for additional leave, calendar days of the watch in the regions of the Far North and areas equated to them and the actual days of being on the road, provided for by the work schedules on the watch, are included.

    3. Vacation

    3.1. For the purpose of calculating holiday pay, billing period, which covers the last 12 calendar months before granting leave.

    3.2. A calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive) [other periods can be provided for calculating the average wage, if this does not worsen the situation of workers].

    3.3. To calculate the average earnings, all types of payments provided for by the remuneration system are taken into account.

    3.4. The calculation does not include payments of a social nature and other payments not related to wages (material assistance, payment of the cost of food, travel, training, utilities, rest and others).

    3.5. Time is excluded from the billing period, as well as amounts accrued during this time, when:

    A) kept for the employee average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the labor legislation of the Russian Federation;

    B) the employee received temporary disability benefits or maternity benefits;

    C) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;

    D) the employee did not participate in the strike, but due to this strike he was unable to perform his work;

    E) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;

    E) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

    3.6. Vacation pay accrued to an employee for additional leave is subject to personal income tax in accordance with the generally established procedure.

    The amounts of payment for additional leave related to compensation for harm caused to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and the disaster at the Chernobyl nuclear power plant are not subject to personal income tax.

    4. Procedure for granting additional leave

    4.1. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

    4.2. Procedure for granting additional leave:

    5. Additional holidays for employees engaged in hard work and work with harmful and (or) dangerous working conditions

    5.1. Additional leave is granted to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open pit mining in cuts and quarries, in zones of radioactive contamination, in other jobs associated with adverse effects on human health of harmful physical, chemical, biological and other factors.

    5.2. Additional leave available:

    Length of additional leave

    [according to the results of certification of workplaces in terms of working conditions;

    Cm. List industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day, approved. Decree State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22]

    [at least 7 calendar days]

    5.3. Additional leave is granted based on the results of certification of workplaces in terms of working conditions.

    5.4. If an employee has the right to receive additional leave due to harmful working conditions for several reasons, the leave is granted on one of these grounds.

    5.5. Replacing additional leave with monetary compensation is not allowed (except for the payment of monetary compensation for unused vacation upon dismissal).

    6. Additional holidays for employees with a special nature of work

    Vacation policy

    1. General Provisions

    1.1. All employees of the Company are entitled to annual leave.

    1.2. Paid holidays are provided to employees to give them the opportunity to relax and take care of personal matters.

    2. Payment and delivery policy

    2.1. As soon as an employee starts working in the Company, he begins to earn paid vacation time.

    2.2. An employee may take vacation days after having worked for the Company for more than six months.

    2.3. Annual leave can be taken by an employee according to the vacation schedule developed by each division and approved by the head of the Company no later than December 14 of the previous year.

    2.4. Unused (in whole or in part) vacation for last year may be carried over to the current year.

    2.5. Financial compensation for unused (in whole or in part) leave is granted only if the employee submits an application for termination of employment.

    2.6. There is no paid leave during the probationary period.

    2.7. An employee of the Company cannot be recalled from vacation, unless it is due to important circumstances.

    2.8. In the event that an employee is recalled from annual leave, he is reimbursed for the actual travel expenses to and from the place of work if, after the recall, he continues the specified vacation in the same place where he spent it before the recall.

    3. Leave procedure

    3.1. Granting leave to the employees of the Company is carried out in accordance with the previously approved vacation schedule.

    3.2. At the beginning of November-December of the current year, each department should draw up vacation schedules for employees for the next calendar year.

    3.3. The vacation schedule is approved by the head of the organization and agreed with the head of the personnel service.

    3.5. When scheduling vacations, consider:

    — policy in the field of vacations in the Company;

    - features of the work of the unit;

    — personal wishes of employees.

    3.6. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel department.

    3.7. The employee must write an application no later than 1 month before the expected start date of the vacation.

    3.8. The application is submitted on the day of its writing to the head of the organization.

    3.9. The original application must be submitted to the personnel department on the day of its signing by the General Director of the Company.

    3.10. Two days before going on vacation, the employee rents out his site to the employee temporarily replacing him.

    3.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel department, the employee is obliged to inform the personnel department about this.

    4. Special circumstances relating to paid

    or unpaid leave

    4.1. Special circumstances relating to paid and unpaid leave in accordance with the law, such as maternity leave, military service, performance of state or public duties, must be brought to the attention of the head of the Company and the head of human resources as soon as possible.

    4.2. Such cases are resolved in accordance with applicable law.

    5. Weekend and Holiday Policy

    5.1. Days off in the Company are: Saturday, Sunday, official government and national holidays of the Russian Federation.

    5.2. The transfer of days off is carried out in accordance with the decrees of the Government of the Russian Federation.

    5.3. Personnel service notifies in the form of an order about the transfer of days off to the heads of departments two weeks before the transfer of days off.

    5.4. An employee is entitled to additional paid holidays in the following cases:

    - death of a close family member<1>- 3 days;

    - serious illness of a close family member - 3 days (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official certificate from a doctor);

    – wedding of an employee – 2 days;

    - the birth of a child - 3 days;

  • Properly drawn up vacation regulations help the employer regulate the procedure for providing vacations to their employees in accordance with the requirements of the law. Consider a sample design of this local regulatory act.

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    Sample regulation on vacations for 2019

    Alpha Limited Liability Company

    (Alpha LLC)

    APPROVE

    Director

    Alpha LLC

    A.V. Lviv

    POSITION

    About holidays

    1. General Provisions

    1.1. This provision has been developed in accordance with the norms of the Labor Code of the Russian Federation.

    1.2. This regulation establishes the procedure and conditions for granting annual basic and additional holidays to employees of Alfa LLC (hereinafter referred to as the Employer or the Company) working on the basis of employment contracts.

    1.3. For the period of annual leave, the employees of the Company retain their place of work, position and average earnings.

    2. Duration of holidays

    2.1. All employees of the Company are provided with an annual basic paid leave of 28 calendar days.

    2.2. Extended annual basic paid leave is granted to the following employees of the Company:

    • employees under the age of 18 - 31 calendar days;
    • disabled people - lasting 30 calendar days, regardless of the disability group;
    • working pensioners (i.e. women over 55 and men over 60) who live in residential institutions social service, - duration of 30 calendar days.

    2.3. Annual additional paid vacations are provided to the following categories of the Company's employees:

    • employees engaged in work with harmful and / or dangerous working conditions - for a period of seven calendar days;
    • employees with irregular working hours - three calendar days;
    • minor employees - three calendar days;
    • disabled persons - two calendar days;
    • other employees in accordance with the current legislation of the Russian Federation.

    3. The procedure for granting leave

    3.1. The right to the first annual basic leave arises for the employee after six months of continuous work in the Company. An employee can take a vacation for the second and subsequent years of work at any time of the working year in accordance with the vacation schedule.

    3.2. By agreement between the employee and the Company, paid leave may be granted to the employee in advance, that is, before the expiration of the six-month period. At the same time, the Company is obliged to provide vacation in advance to the following categories of employees upon their application:

    • women - before maternity leave or immediately after it, as well as at the end of parental leave;
    • husbands while their wives are on maternity leave;
    • underage employees;
    • employees who have adopted children under the age of three months;
    • employees with three or more children under the age of 12;
    • other employees in cases statutory.

    3.3. The main leave for the second and subsequent years of work is provided to employees at any time of the working year in accordance with the order established by the vacation schedule.

    3.4. By agreement between the Company and the employee, the main paid leave may be granted in installments. At the same time, at least one of its parts must not be less than 14 calendar days.

    3.5. Additional leave is provided to the employee along with the main one.

    3.6. An employer is prohibited from not providing annual paid leave:

    • for two consecutive years;
    • employees under the age of 18;
    • employees engaged in work with harmful and / or dangerous working conditions.

    4. Length of service for the appointment of basic and additional leave

    4.1. The length of service giving the right to the second and subsequent annual basic leave includes:

    • actual work time;
    • the time when the employee did not actually work, but in accordance with the law, the place of work was retained for him, for example, the time of illness, annual paid leave, maternity leave etc.;
    • time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;
    • the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;
    • the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days in the working year.

    4.2. The length of service giving the right to annual basic leave does not include:

    • the time the employee is absent from work without good reason;
    • parental leave until the child reaches three years of age;
    • the time of unpaid leave provided at the request of the employee, exceeding 14 calendar days in the working year.

    4.3. The length of service giving the right to additional leave for harmful and / or dangerous working conditions includes only the time actually worked in such conditions.

    4.4. The length of service for granting additional leave for an irregular working day is determined in the manner specified in clauses 4.1–4.2 of this provision.

    4.5. The length of service for granting additional leaves to disabled and underage employees in accordance with paragraph 2.3 of this provision is calculated in the manner specified in paragraphs 4.1–4.2 of this provision.

    5. Extension and postponement of vacation

    5.1. The employer is obliged to extend the annual leave if:

    • an employee falls ill while on vacation;
    • during the vacation, the employee performed state duties (provided that, according to the law, the employee is released from work for the duration of these duties);
    • in other cases provided for by law.

    5.2. If there is a reason to extend the vacation, the employee must immediately notify the Employer by any means available to him, for example, by phone, e-mail, etc. To extend the vacation, the Employer does not need to issue a separate order to extend the vacation. In the presence of the above notification of the employee, the period of his vacation is extended automatically by the appropriate number of days, for example, days of illness.

    5.3. The transfer of annual paid leave to another time is allowed if:

    • an employee falls ill while on vacation;
    • the provision of leave may adversely affect the normal course of the Company's work (in this case, the postponed leave must be used by the employee no later than 12 months after the end of the working year for which it is granted);
    • in other cases provided for by law (for example, when an employee is recalled from the main vacation).

    5.4. If the vacation period changes at the initiative of the employee, then he submits to the Employer a corresponding application indicating the reason for the transfer. If the transfer is initiated by the Company, then the employee is sent a notification with a request to express his consent or refusal to transfer his vacation.

    5.5. If both the Employer and the employee agree to the postponement of the vacation, then the employee of the personnel department draws up an order to postpone the vacation in any form and makes appropriate changes to the vacation schedule. At the same time, approve the schedule in new edition not required.

    6. Feedback from vacation

    6.1. The employer may, with the consent of the employee, recall him from vacation. Revocation may be necessary, for example, in the following cases:

    • the Company conducts an inventory, at which a financially responsible person must be present;
    • the Company conducts an on-site tax audit, during which the presence of the chief accountant is mandatory, etc.

    6.2. In this case, it is prohibited to withdraw from vacation:

    • employees under the age of 18;
    • pregnant women;
    • employees engaged in work with harmful and / or dangerous working conditions.

    6.3. If the employee agrees to be recalled from vacation, the Employer issues an order for recall in any form.

    6.4 The unused part of the vacation, the employee can:

    • use at any time convenient for him in the current year or
    • add to next year's vacation.

    7. Documenting granting holidays

    7.1. The order in which employees go on vacation is established in the vacation schedule, which is annually approved by the Company no later than December 17 of the current year.

    7.2. The vacation schedule is drawn up and signed by the employee responsible for maintaining personnel records. After that, he claims CEO Society.

    7.3. The vacation schedule is drawn up taking into account the opinion of the trade union, if any, in the Company.

    7.4. The vacation schedule is obligatory for both the Company and its employees.

    7.5. Employees of the Company shall be notified by signature of the start date of the vacation no later than two weeks in advance.

    7.6. An employee who wants to go on vacation outside the order established in the schedule must write a corresponding application in any form. An application is also required if a vacation is taken by an employee hired after the approval of the vacation schedule.

    7.7. When an employee goes on vacation, an order for vacation is issued, which is signed by the General Director of the Company. The relevant employee must be familiarized with this order against signature.

    7.8. Based on the vacation order, the Company's accounting department draws up a note-calculation on the provision of vacation and accrues vacation pay to the employee.

    8. Vacation followed by dismissal

    8.1. At the request of an employee, the Company has the right to grant him leave with subsequent dismissal, except for dismissal for guilty actions. To do this, the employee submits a corresponding application to the Company.

    8.2. Granting leave with subsequent dismissal is a right, not an obligation of the Employer. If the Company refuses to grant such leave to an employee, then it will have to pay him compensation for unused leave in the general manner.

    8.3. If the Employer agrees to provide leave with subsequent dismissal, an appropriate order should be issued based on the employee's application.

    8.4. Before the dismissed employee goes on vacation, that is, on the last day of his work, the Employer makes the final settlement with him, and also issues work book and other necessary documents.

    9. Leave without pay

    9.1. The employer is obliged to provide the employee with unpaid leave in the following cases:

    • the birth of a child - lasting five calendar days;
    • marriage registration - lasting five calendar days;
    • death of a close relative - lasting five calendar days;
    • the employee is an old-age pensioner - for a period of 14 calendar days;
    • the employee is disabled - lasting 60 calendar days;
    • in other cases established by law.

    9.2. The Company may provide an employee with leave at its own expense for any other good reason. At the same time, it is up to the Employer to decide whether this or that reason is valid or not.

    9.3. To provide unpaid leave, an employee must write an application in any form. And the Employer, on the basis of the application, draws up an order to grant leave, which is signed by the General Director of the Company and which the employee gets acquainted with under his signature.

    Useful video

    The grounds, procedure and conditions for granting legal days off to employees contains. It does not contain a requirement for an obligatory-for-tel-nom on-whether the employer has a lo-on about vacations. But the acceptance of such a do-ku-men-ta will be extremely useful both for employees and for the employer himself: it can cover in detail certain issues of providing le-nija from-launches, someone-rye not ure-gu-li-ro-va-na dey-stvu-yu-schim for-ko-but-da-tel-stvo and from-yes-us at the discretion of the parties. For example:

    • rules for granting administrative holidays to employees. You can specify the conditions under which the employee can count on him;
    • questions on the provision of additional rest, the rules of which are not established at the legislative level, but are given to the agreement of the parties;
    • the nuances of granting study holidays to employees;
    • questions about the consolidation or use of vacations in parts, as well as the procedure for paying for such time;
    • scroll required documents, which the employee must provide when registering a particular type of vacation, etc.

    In addition, the vacation provision may contain answers to questions regarding vacation pay.

    When compiling a document, it should be remembered that its norms should not worsen existing ones in labor law conditions for providing rest (according to Art. 8 Labor Code of the Russian Federation). For example, by setting the length of leave for work in harmful conditions, the employer can give employees ten days instead of seven. But nothing less than expected. Art. 117 Labor Code of the Russian Federation.

    Design rules

    In one document, all issues related to providing work-bot-no-kam of all types of recreation can be considered at once. Or separate documents can be issued for each case. For example, the enterprise may have the following provisions:

    • about annual up-to-half-no-tel-ny payments-chi-va-e-my from-launches;
    • about vacations without saving wages, etc.

    But most often a common document is drawn up. Its execution is assigned to the accountant and lawyer of the company. After the provision is ready and approved, work can begin on the vacation schedule, according to which employees will go on vacation.

    The document should contain a header and several sections regarding the provision of employees various kinds recreation.

    A cap

    The header should indicate the name of the enterprise, full name. and the position of the employer and the date of approval. The director's signature and seal are also put there.

    Sections

    The regulation is divided into several sections. summary which are presented below:

    1. "General Provisions". In addition to legislative acts and regulations, this paragraph also indicates what exactly the document regulates.
    2. Grounds and conditions for granting annual leave. It lists the categories of workers available at the enterprise. It also indicates the number of days of annual rest that an employee can count on.
    3. "Grounds and conditions for granting annual additional paid vacations". Employees who have the right to take additional time for holidays are indicated. The order of receipt is being considered.
    4. "Conditions for the provision, use and procedure for registration of annual basic and additional paid holidays." It specifies the necessary data for drawing up a vacation schedule, the rules for approving the schedule and making changes to it if necessary. The deadlines for submitting applications and the rest itself are being specified. The terms of use and the procedure for issuing vacations of different categories are also regulated.
    5. « Final provisions". The date of entry into force of the local act is indicated. The document is signed by the employer and employees of the personnel department.

    There is no clear document structure. Therefore, the manager has the right to form it at his own discretion.

    The finished project is agreed with the trade union of the organization (if any). After approval, it is put into effect by order of the employer. The order indicates the date of entry into force of the local act, as well as the person responsible for its implementation. After signing the order, on the first page of the regulation, you need to put a mark “I approve” indicating the details of the decree. Both documents are kept together. In this case, the provision is an annex to the order.

    According to regulations Art. 68 Labor Code of the Russian Federation, each worker should be familiar with the regulations on holidays under the signature during employment before signing the work-up-to-go-to-go-to-ra.

    Vacation regulations 2020, sample

    In this section, you can view a sample document.

    Where and how much is stored

    The position is most often stored in the personnel department or in the head's office. Copy this document may also be located in separate departments of the organization.

    As for the storage period, limit points have been approved at the state level: the position should not be destroyed for 75 years.

    The time during which the employee is free from the performance of his job duties and which he can use at his own discretion - these are not only days off (weekly uninterrupted rest) and non-working holidays, but also including vacation time (Articles 106, 107 of the Labor Code of the Russian Federation).

    Does the employer need to approve a local regulatory act that determines the procedure for granting vacations to employees - the Regulations on granting vacations?

    On granting leave to employees

    The cases and procedure for granting leave to employees are generally established by the Labor Code of the Russian Federation. However, labor law regulates only mandatory conditions vacations and their duration. For example, the minimum duration of the annual basic paid leave is established, which cannot be less than 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). Or, say, the procedure for calculating the length of service that gives the right to annual paid holidays is determined (Article 121 of the Labor Code of the Russian Federation).

    At the same time, some other "holiday" issues remain at the discretion of the employer. For example, the provision of annual additional paid holidays in addition to cases provided for by law (part 2 of article 116 of the Labor Code of the Russian Federation). Or the establishment of an increased duration of annual additional paid leave for employees with irregular working hours (part 1 of article 119 of the Labor Code of the Russian Federation). And also, say, the duration and cases of granting holidays without pay, in addition to those provided for by law (Article 128 of the Labor Code of the Russian Federation). These and other issues of granting vacations, given at the discretion of the employer, can be clarified by an employment contract with an employee, a collective agreement or a local regulatory act. It is the approval of the local regulatory act of the employer in the form of a separate “vacation” Regulation that is most common.

    The need to approve the Regulations on granting holidays to employees is due not only to the fact that the procedure and conditions for granting holidays must be regulated and understandable both for performers and for employees who are entitled to such holidays. Such a Regulation is also important for reducing tax risks in the case of providing paid holidays, in addition to cases when this is the responsibility of the employer. After all, if an employer, for example, provides annual leave longer duration, it must be justified. The provision on holidays is such a justification.

    We draw up the Regulation on the provision of holidays

    Since the Vacation Regulations are not a mandatory local regulatory act of the employer, he determines its structure and content independently. For convenience, the Regulation usually contains not only the procedure for granting holidays established by the employer, but also provisions that are mandatory for all employers and do not imply variability. For example, cases where paid leave at the request of an employee is granted before the expiration of 6 months of continuous work. If desired, the employer can approve, for example, a separate Regulation on the provision of annual paid leave or even an independent Regulation on the provision of academic leave. Or maybe the features of the provision of various types of vacations should be disclosed in a single Regulation.

    Holidays that are not paid at the expense of the employer are usually not included in such a Regulation. Features of granting, for example, maternity leave or parental leave may be disclosed in an independent

    APPROVE
    CEO
    OJSC "______________"
    ____________ /_____________/
    "" ___________ 201__.

    Vacation policy

    1. General Provisions
    1.1. This provision on holidays has been developed in accordance with the Labor Code of the Russian Federation, federal law RF "About social protection Disabled Persons” dated November 24, 1995. No. 181-FZ and other regulatory legal acts of the Russian Federation.
    1.2. This regulation on holidays governs the grounds, conditions and procedure for granting annual basic and additional holidays to the Company's employees.

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

    3. Grounds for granting annual additional paid holidays
    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 harmful working conditions, work in which gives the right to additional leave and a shorter working day (approved by a resolution of the USSR State Labor Committee and Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298 / II-22.
    3.2. Annual additional paid holidays for employees with irregular working hours, as well as for the special nature of work, are provided individual employees Companies based on employment contract or an order from the CEO.
    3.3. The procedure for granting additional annual paid vacations to the Company's employees on other grounds is regulated by the current legislation of the Russian Federation on grounds.

    4. Conditions for the provision, use and procedure for issuing annual basic and additional paid holidays
    4.1. Annual basic leave, as well as annual additional paid leave (hereinafter - leave) is provided in accordance with .
    4.2. To prepare the vacation schedule for the next calendar year, the heads of divisions of JSC "______________" until November 15 of the previous calendar year submit to the personnel department applications for the provision of vacations, which indicate: a list of employees of the unit, the start and end dates of each type of vacation for each employee of the unit.
    The personnel department checks the compliance of the declared vacation periods with the data of personnel records, the current legislation and prepares a draft vacation schedule. The draft vacation schedule is submitted by the personnel department until 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 the current legislation of the Russian Federation. The employer issues an order on the approval of the vacation schedule.
    4.3. If it is necessary to make changes (additions) to the approved vacation schedule, the personnel department submits to the employer a draft amendment (addition) to the vacation schedule. Changes (additions) to the vacation schedule are approved by the employer in compliance with the current legislation of the Russian Federation. The employer issues an order on the approval of changes (additions) to the vacation schedule.
    4.4. Vacation time is calculated in calendar days.
    4.5. The employee is notified of the start time of the vacation by the personnel department of the Company against signature.
    4.6. Granting leave is made out by the order (instruction) of the employer. The employee gets acquainted with the order (instruction) on granting leave against signature.
    4.7. Vacation is extended in case of temporary disability of the employee, as well as in other cases provided for by laws, local regulations of JSC "____________". The employee must promptly writing notify the employer of the occurrence of circumstances giving the right to extend the vacation.
    The extension of the leave is issued by order (instruction) of the employer. An order (instruction) to extend the 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 needs. The transfer of leave to the next working year is allowed in the event that the granting of leave in the current working year may adversely affect the normal course of work structural unit or JSC "_____________" as a whole.
    The grounds for recalling an employee from vacation (transferring 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 postponing the vacation to the next working year, about the vacation period from which the employee is supposed to be recalled (which is transferred to the next working year);
    - the written consent of the employee to recall from vacation (transfer of vacation to the next working year), in accordance with the memo of the head of the unit, in which the employee indicates the period for the subsequent grant of vacation.
    The recall of an employee from vacation or the transfer of vacation to the next working year is documented by an order (instruction) of the employer. An order (instruction) to recall an employee from vacation or postpone the 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 regulation on vacations comes into force from the moment of its signing and applies to all employees of JSC "________________".
    5.2. Other issues not reflected in this regulation on vacations 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 are familiar with the vacation regulations: ____________________________.


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