Regulations on vacation pay. Regulations on the procedure and conditions for granting basic and additional leaves. For which rest periods is it compiled?

OFFICE OF THE PROSECUTOR GENERAL OF THE RUSSIAN FEDERATION

ORDER

On approval of the Regulations on the provision of leaves in the bodies and organizations of the Prosecutor's Office of the Russian Federation

Document with changes made:
.
____________________________________________________________________

In order to improve the legal regulation of issues of granting leave in the bodies and organizations of the Prosecutor's Office of the Russian Federation, guided by paragraph 1 of Article 17 of the Federal Law "On the Prosecutor's Office of the Russian Federation",

I order:

1. Approve the attached Regulations on the provision of leaves in the bodies and organizations of the prosecutor's office of the Russian Federation.

2. Deputy Prosecutor General of the Russian Federation, heads of main departments, directorates and departments (with the rights of departments) of the General Prosecutor's Office of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, equivalent prosecutors of specialized prosecutor's offices, prosecutors of the ZATO city of Mezhgorye and the Baikonur complex, rector of the Academy The Prosecutor General's Office of the Russian Federation shall ensure strict compliance by subordinate employees with the requirements of the attached Regulations.

3. The Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor shall regulate by the appropriate organizational and administrative document the procedure for granting leave to employees of the military prosecutor's office who are not military personnel.

4. Recognize as invalid the orders of the Prosecutor General of the Russian Federation dated March 26, 1999 N 17 “On the implementation of the Instructions on the procedure for granting and paying annual leave to prosecutors of bodies and institutions of the prosecutor’s office of the Russian Federation”, dated 05.11.2001 N 29 “On the procedure for granting leave employees of the General Prosecutor's Office of the Russian Federation", dated 03/23/2004 N 210-k "On the provision of annual additional paid leave to employees with irregular working hours in the prosecutor's office of the Russian Federation", dated 01/31/2006 N 3 "On the provision of annual paid leave to certain categories of prosecutorial employees of the prosecutor's office of the Russian Federation."

6. Entrust control over the execution of the order to the Deputy Prosecutor General of the Russian Federation, who is in charge of work with personnel.

The order should be sent to the Deputy Prosecutor General of the Russian Federation, the heads of the main directorates, directorates and departments (with the rights of directorates) of the General Prosecutor's Office of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, equivalent prosecutors of specialized prosecutor's offices, prosecutors of the ZATO city of Mezhgorye and the Baikonur complex, the rector of the Academy The Prosecutor General's Office of the Russian Federation, which will bring its contents to the attention of subordinate employees.

Prosecutor General
Russian Federation
valid state
Counselor of Justice
Yu.Ya.Chaika

Regulations on the provision of leaves in the bodies and organizations of the prosecutor's office of the Russian Federation

APPROVED
by order of the Prosecutor General
Russian Federation
dated March 2, 2015 N 95

1. General Provisions

1.1. This Regulation regulates the provision of leave to prosecutors, scientific and teaching workers, federal state civil servants, employees holding positions that are not positions in the federal state civil service, and employees carrying out professional activities in other positions (professions) in the bodies and organizations of the prosecutor's office of the Russian Federation. Federation.

1.2. The Regulations were developed in accordance with the Labor Code of the Russian Federation, federal laws “On the Prosecutor’s Office of the Russian Federation”, “On the State Civil Service of the Russian Federation”, and other regulatory legal acts containing labor law norms.

2. Vacations of prosecutors, scientific and teaching workers

2.1. Prosecutors, scientific and teaching workers are provided with annual paid leave of 30 calendar days, excluding travel time to and from the place of rest.

In accordance with Article 41.4 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and Decree of the Government of the Russian Federation dated March 6, 1996 N 242 "On the duration of the annual paid leave provided to prosecutors working in areas with severe and unfavorable climatic conditions" to prosecutors working in areas with severe and unfavorable climatic conditions, annual paid leave is provided for the duration of:

in the Far North - 54 calendar days;

in areas equivalent to the regions of the Far North - 46 calendar days;

in other areas where regional coefficients (coefficients) for wages are established - 45 calendar days.

For length of service as a prosecutor, scientific or teaching worker, annual additional paid leave is granted for the duration of:

after 10 years - 5 calendar days;

after 15 years - 10 calendar days;

after 20 years - 15 calendar days.

2.2. The duration of the annual paid leave of prosecutors, scientific and teaching workers is increased by the number of calendar days required for travel to the place of vacation and back, based on the time of non-stop movement of passenger transport (rail, water, air, road) along the shortest route to the place of rest and back (when traveling by personal transport - based on the travel time of a fast train, in its absence - a passenger train or public road transport).
by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

The total travel time is determined by summing the travel time in each direction. In this case, travel time that is half or more than half a day is rounded up to a full day.
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

When traveling to and from a vacation destination using air transport, an additional one calendar day is provided for your vacation.
(Paragraph additionally included by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242)

When traveling to a vacation spot and back using different types of transport, the total travel time is calculated based on the travel time of this transport, which does not include the waiting time associated with registration or transfer to another transport, with the exception of cases of traveling on a single ticket.
(Paragraph additionally included by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242)

Additional days for vacation are provided immediately upon its completion by order of the head of the body, organization of the prosecutor's office on the basis of a report from the prosecutor, scientific and teaching worker submitted to the personnel department in accordance with the requirements of paragraphs ten to twelve of clause 4.5 of these Regulations or no later than three working days before the end leave with the necessary documents attached.
(Paragraph additionally included by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242)
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Paragraphs three to eight of the previous edition are considered, respectively, paragraphs six to eleven of this edition.
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Leave certificates are issued by the personnel departments of bodies and organizations of the prosecutor's office after issuing an order to provide annual paid leave.

If the place of vacation is changed upon the report of the prosecutor, scientific and teaching worker, a new vacation certificate is issued.

If there is a need to travel to another locality (settlement) for the next annual vacation, the prosecutor, scientific and teaching worker who is already on vacation is issued a vacation certificate on the basis of the report and is given time to travel.
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

A prosecutor, scientific and pedagogical worker who has not used the additional days provided for travel to the place of rest and back, or who has not used them in full, is obliged to return from vacation earlier than the period specified in the order for granting leave (taking into account the actual time spent on traveling to the place of rest and back).

The number of additional days (days) provided for the duration of the journey is adjusted taking into account the vehicles actually used and supporting documents (ticket, including electronic, boarding pass, when traveling by personal transport - a certificate from the transport company about the travel time of the passenger train, a vacation certificate with a mark on arrival at the place of rest and departure, a copy of the international passport with a mark on crossing the border in case of travel outside the Russian Federation), which the prosecutor, scientific and pedagogical worker must submit to the personnel department upon returning from vacation. If there are grounds, an appropriate order is issued.

In the case where annual paid leave is granted in parts, the days required to travel to the place of use of the leave and back are provided once.

2.3. Prosecutors, scientific and teaching staff serving in the bodies and organizations of the prosecutor's office located in the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, where coefficients are established (regional, for service in high mountains areas, for service in desert and waterless areas), or in the constituent entities of the Russian Federation included in the Ural, Siberian and Far Eastern federal districts, or outside the territory of the Russian Federation, the cost of travel to the place of the main vacation on the territory (within) the Russian Federation is paid and back once a year, unless otherwise provided by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.

3. Leave of absence for federal state civil servants, employees holding positions that are not positions in the federal state civil service, and employees working in other positions (professions)

3.1. Federal state civil servants (hereinafter referred to as civil servants) are provided with:

a) annual basic paid leave of 30 calendar days;

b) annual additional paid leave for long service lasting:

with civil service experience from 1 to 5 years - 1 calendar day;

with civil service experience from 5 to 10 years - 5 calendar days;

with civil service experience from 10 to 15 years - 7 calendar days;

with civil service experience of 15 years or more - 10 calendar days;

c) annual additional paid leave for an irregular working day of 3 calendar days:

civil servants holding senior and main positions in the civil service;

civil servants filling leading, senior and junior positions in the civil service, the list of which is established annually by a separate organizational and administrative document of the head of the prosecutor's office (in the Prosecutor General's Office of the Russian Federation - by order of the First Deputy Prosecutor General of the Russian Federation).

Additional paid leave for an irregular working day is provided to a civil servant, regardless of the duration of civil service in conditions of an irregular working day.

The minimum duration of annual paid leave used by a civil servant in the service year for which annual paid leave is granted cannot be less than 28 calendar days.
by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

3.2. Employees holding positions that are not civil service positions and employees carrying out professional activities in other positions (professions) (hereinafter referred to as employees) are granted annual basic paid leave of 28 calendar days.

If there is a disability, the duration of leave is at least 30 calendar days.

3.3. Employees whose working conditions in their workplaces, based on the results of a special assessment of working conditions, are classified as harmful or dangerous working conditions, are provided with annual additional paid leave of at least 7 calendar days.

3.4. Civil servants and workers are provided with annual additional paid leave in connection with work in areas with special climatic conditions for the duration of:

in the Far North - 24 calendar days;

in areas equated to the regions of the Far North - 16 calendar days;

in other regions of the North, where the regional coefficient and percentage increase in wages are established - 8 calendar days.

4. Procedure for granting vacations

4.1. The duration of the annual main and annual additional paid leave is calculated in calendar days.

Non-working holidays falling during the period of basic or additional paid leave are not included in the number of calendar days of leave.

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

4.2. The right to use vacation for the first year of work arises after 6 months of continuous work.

By agreement of the parties, paid leave can be granted before the expiration of 6 months.

Based on the report (application), before the expiration of 6 months of continuous work, paid leave must be granted to:

for women - before maternity leave or immediately after it;

employees under the age of 18;

prosecutors, scientific and teaching workers, civil servants, employees who have adopted a child (children) under the age of 3 months;

in other cases provided for by federal legislation.

Vacation for the second and subsequent years of work can be granted at any time of the working year.

4.3. The following have the right to regular annual leave at any convenient time:

women - before or immediately after maternity leave or at the end of parental leave;
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

workers under 18 years of age;

prosecutors, scientific and teaching workers, civil servants, workers awarded the badge "Honored Worker of the Prosecutor's Office of the Russian Federation";

prosecutors, scientists and teachers, civil servants, workers in other cases provided for by federal legislation.

At the request of the prosecutor, scientific and pedagogical worker, civil servant, employee, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work.

Annual paid leave (or part of it lasting at least 14 calendar days) must be provided at the request of persons working in the Far North to accompany a child under the age of 18 entering educational programs of secondary vocational education or higher education in the organization located in another area (if there are two or more children, leave for this purpose is granted once for each child).

4.4. The priority for granting paid leave is determined annually in accordance with the vacation schedule, the preparation of which also takes into account the timing of certification of prosecutors, scientific and teaching workers and civil servants.

The drawing up of the vacation schedule is carried out by the personnel department of the body, the organization of the prosecutor's office, taking into account the proposals of the heads of structural units (in the General Prosecutor's Office of the Russian Federation, prosecutor's offices of the constituent entities of the Russian Federation, equivalent specialized prosecutor's offices, prosecutor's offices of the closed administrative town of Mezhgorye, the Baikonur complex, the Academy of the General Prosecutor's Office of the Russian Federation ), prosecutors of cities and districts, and specialized prosecutors equivalent to them.

The schedule is approved by the manager who has the right to grant vacations, taking into account the opinion of the elected body of the primary trade union organization no later than 2 weeks before the start of the calendar year.

Prosecutors, scientific and teaching staff, civil servants and employees must be familiarized with the vacation schedule against signature no later than January 1 of the year in which the vacation is granted.

4.5. Reports (applications) for leave are approved by:

Deputy Prosecutors General of the Russian Federation - with the Prosecutor General of the Russian Federation;

advisers, senior assistants, assistants, senior assistants for special assignments and assistants for special assignments of the Prosecutor General of the Russian Federation - with the Prosecutor General of the Russian Federation;

heads of the main directorates, directorates, departments (as directorates) of the Prosecutor General's Office of the Russian Federation, the rector of the Academy of the Prosecutor General's Office of the Russian Federation - with the deputy Prosecutor General of the Russian Federation in areas of activity and the Prosecutor General of the Russian Federation;

assistants to the Deputy Prosecutor General of the Russian Federation on special assignments - with the Deputy Prosecutor General of the Russian Federation;

prosecutors of the constituent entities of the Russian Federation - with the Deputy Prosecutor General of the Russian Federation, supervising the activities of the prosecutor's office in the federal districts;

transport prosecutors, equated to prosecutors of the constituent entities of the Russian Federation, - with the Deputy Prosecutor General of the Russian Federation, who is in charge of the department for supervision over the implementation of laws in transport and in the customs sector;

Volzhsky Interregional Environmental Prosecutor, prosecutors of the ZATO city of Mezhgorye and the Baikonur complex - with the Deputy Prosecutor General of the Russian Federation supervising the activities of these prosecutors' offices;
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

paragraph excluded - order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242;
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Paragraphs ten to fourteen of the previous edition are considered, respectively, paragraphs nine to thirteen of this edition - order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.
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other prosecutors, scientific and pedagogical workers, civil servants and workers - with the managers to whom they are subordinate.

A report (application) for granting leave must be submitted to the personnel department no later than 20 days before its start.

The report (application) must indicate the surname, first name, patronymic (in full, patronymic - if available), position, class rank (if available), period of provision and type of leave, its start date and duration. Prosecutors, scientific and pedagogical workers, and civil servants, in case of travel outside the territory of the Russian Federation, indicate the place of vacation.
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

The report of the prosecutor, scientific and pedagogical worker, containing a request for additional days for travel to the place of vacation and back, must indicate the number of days, place of vacation and the type of transport that is planned to be used for the trip (in this case, in the order to provide The start and end dates of the vacation are indicated taking into account the days of travel to the place of vacation and back).

The head of the body (structural unit), organization of the prosecutor's office in the report on the granting of leave indicates the official who proposes to be entrusted with the performance of duties for the period of his leave, and attaches a report of this person agreeing to perform the duties.
(Paragraph as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

4.6. Prosecutors, scientific and pedagogical workers, civil servants and other employees authorized to work with information constituting state secrets and who have decided to travel outside the Russian Federation for the period of leave, submit a report on the provision of annual leave in the manner established by the organizational and administrative document General Prosecutor's Office of the Russian Federation.

4.7. In case of timely submission of the report (application), the order for granting leave must be prepared no later than 10 days before its start.

The order to grant leave must be familiarized to the prosecutor, scientific and pedagogical worker, civil servant, and employee against signature.

Control over the timely departure of a subordinate on vacation rests with his immediate supervisor.

5. Extension, transfer, division of annual leave, recall of an employee from leave, payment of monetary compensation

5.1. At the request of the prosecutor, scientific and pedagogical worker, civil servant and employee, annual paid leave may be divided into two parts, the duration of one of the parts of the leave should not be less than 14 calendar days.

The paragraph is excluded - order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242..

5.2. In exceptional cases, if the provision of annual paid leave may adversely affect the implementation of the tasks and functions of the body, organization of the prosecutor's office, it is allowed to be transferred, including to the next working (service) year, by decision of the head of the body, organization of the prosecutor's office or a person authorized by him with the consent of prosecutor, scientific and pedagogical worker, civil servant and worker (prosecutors holding positions specified in paragraphs two to eight of clause 4.5 of the Regulations - by decision of the Prosecutor General of the Russian Federation; prosecutors holding other positions, and employees of the Prosecutor General's Office of the Russian Federation - by decision Deputy Prosecutor General of the Russian Federation in charge of personnel issues; civil servants of the Prosecutor General's Office of the Russian Federation - by decision of the employer's representative).

At the same time, for civil servants it is allowed to transfer part of the annual paid leave exceeding 28 calendar days to the next service year.

The transferred vacation (part of the vacation) must be used no later than 12 months after the end of the working (service) year for which the vacation (part of the vacation) is granted.

Failure to provide annual paid leave for two consecutive years is prohibited, as well as failure to provide leave to employees engaged in work with harmful and (or) dangerous working conditions.

A report (application) on the transfer of leave, endorsed by managers subordinate to a prosecutor, a scientific and teaching worker, a civil servant, an employee, is sent to the personnel department.
(Clause as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

5.3. In case of temporary incapacity for work while a prosecutor, scientific and pedagogical worker, civil servant, employee is on leave, the annual paid leave on the basis of a document confirming temporary incapacity for work is extended by the number of days specified in it or, in agreement with the named persons, is postponed to another period determined head of the body, organization of the prosecutor's office. In case of extension of vacation, the specified days are provided immediately upon its end and cannot be added to other non-working (holiday) days. When making a decision to postpone vacation, the head of the body or organization of the prosecutor's office issues an order on the basis of a report (application) of the prosecutor, scientific and pedagogical worker, civil servant, employee with a certificate of temporary incapacity for work attached.

If temporary disability during vacation occurs during the stay of a prosecutor, scientific and pedagogical worker, civil servant, worker abroad, about which there is written medical confirmation, annual paid leave is extended for the duration of the illness (transferred to another period) only if the issued on the territory of a foreign state, the medical document is replaced with a certificate of temporary incapacity for work according to the model established by the regulatory legal acts of the Russian Federation.

In the event of temporary disability occurring before the start of the next paid leave (if there is a signed order for the provision of leave) and its continuation at the beginning of the leave in the absence of a written report (statement) of the prosecutor, scientific and pedagogical worker, civil servant, employee about postponing it to another date on the start day The next paid vacation is considered to be the day following the day the temporary disability ends. If the order to grant leave is cancelled, a new leave period is determined by the head of the body or organization of the prosecutor's office that has the right to grant leave, taking into account the wishes of the prosecutor, scientific and pedagogical worker, civil servant, employee upon termination of temporary disability.

The prosecutor, scientific and pedagogical worker, civil servant, employee are obliged to immediately notify their immediate supervisor about the onset and termination of temporary incapacity for work, and the manager is obliged to inform the personnel department about this. If, for objective reasons, it is impossible for the prosecutor, scientific and pedagogical worker, civil servant, or employee to personally notify about these circumstances, information about the occurrence of disability may be transmitted by another person.
(Clause as amended, put into effect by order of the Prosecutor General's Office of Russia dated April 4, 2017 N 242.

5.4. Recall of a prosecutor, scientific and pedagogical worker, civil servant, employee from leave is allowed in case of extreme official necessity only with their consent by decision of the head of the body, organization of the prosecutor's office that made the decision to grant leave (prosecutor's employees of the General Prosecutor's Office of the Russian Federation - by decision of the Prosecutor General of the Russian Federation Federation, civil servants and employees of the Prosecutor General's Office of the Russian Federation - by decision of the Deputy Prosecutor General of the Russian Federation in charge of personnel issues).

The part of the vacation unused in this regard must be provided at any convenient time during the current working year or added to the vacation for the next working year.

5.5. Part of the annual paid leave exceeding 28 calendar days, according to the report (application) of the prosecutor, scientific and pedagogical worker, civil servant, employee, may be replaced by monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation may replace the part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not permitted to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women, employees under the age of 18, as well as prosecutors, scientific and teaching workers, civil servants, employees operating in areas with severe and unfavorable climatic conditions, employed at jobs with harmful and (or) dangerous working conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal).

6. Leave when combining service (work) with education, for family reasons and other valid reasons, as well as upon dismissal

6.1. Guarantees and compensations for civil servants and workers combining work with education are provided when receiving education at the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a professional education of the required level and are sent to receive education by the employer in accordance with an employment contract or student agreement concluded between the employee and the employer in writing.

6.1.1. Civil servants and workers who successfully complete state-accredited educational programs of secondary vocational education in part-time and part-time forms of study are granted additional leave:

a) while maintaining average earnings:

for passing intermediate certification in the first and second years - lasting 30 calendar days, in each of the subsequent courses - lasting 40 calendar days;

to pass the state final certification - lasting up to 2 months in accordance with the curriculum of the educational program being mastered;

b) without saving money (salary) for passing entrance examinations - lasting 10 calendar days.

6.1.2. Prosecutors, scientific and teaching staff, civil servants and employees who successfully complete state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study are granted additional leave:

a) with preservation of salary (wages):

for passing intermediate certification in the first and second years - lasting 40 calendar days, in each of the subsequent courses - lasting 50 calendar days;

to pass the state final certification - lasting up to 4 months in accordance with the curriculum of the educational program of higher education being mastered;

b) without saving money (salary) for passing entrance examinations - lasting 15 calendar days.

6.13. Prosecutors and civil servants who are pursuing postgraduate training programs for scientific and pedagogical personnel through correspondence courses have the right to annual additional leave of 30 calendar days, excluding the time spent traveling from the place of work to the place of study and back, while maintaining their pay.

Prosecutors, scientific and pedagogical workers, civil servants who are applicants for the academic degrees of Candidate of Sciences and Doctor of Sciences also have the right to be granted additional annual leave of 3 and 6 months duration, respectively, to complete a dissertation for the academic degree of Candidate of Sciences, Doctor of Sciences with retention of pay .

6.2. Prosecutors, scientific and teaching workers, civil servants and other employees of bodies and organizations of the prosecutor's office for family reasons and other valid reasons, on the basis of a motivated written report (application) and supporting documents, may be granted additional leave without pay, the duration of which is determined by agreement of the parties .

The employer (employer) is obliged, on the basis of a written report (application) of the prosecutor, scientific and pedagogical worker, civil servant and employee, to provide leave without pay:

for participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age (age) pensioners - up to 14 calendar days per year;

for working disabled people - up to 60 calendar days per year;

in cases of the birth of a child, marriage registration, death of close relatives - for up to 5 calendar days;

in other cases provided for by law.

When granting leave due to the birth of a child or the death of a relative, supporting documents can be submitted at the end of the leave.

The number of leaves for personal reasons during a calendar year is not limited.

6.3. Upon termination or dissolution of an employment contract (service contract), dismissal from a position and dismissal from bodies and organizations of the prosecutor's office, monetary compensation is paid for all unused vacations.

6.4. Upon a written report (application) of a prosecutor, scientific and pedagogical worker, civil servant, or employee, unused vacations may be granted with subsequent dismissal (with the exception of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

6.5. Upon dismissal due to the expiration of the employment contract (service contract), leave followed by dismissal may be granted even when the vacation time completely or partially extends beyond the term of this agreement (contract).

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

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. Let us consider in more detail why this document is needed, how it is drawn up and adopted.

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.

What should be reflected in the position

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. If such a document does exist at the enterprise, then its rules cannot be applied in practice, and employees must ensure that the employer complies with labor laws.

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.

This list is incomplete; it may include other controversial issues that arise in the course of the company’s work. Quite often, the inclusion of certain points in this document is of a precedent nature. A fragment of the position template can be found below, and you can download the full version at the end of the article.

Vacation regulations: sample and acceptance

The acceptance procedure includes the following steps:

development;
coordination;
statement;
putting into effect.

Let's briefly look at each of them.

Development

The head issues an order to develop a local regulatory act, and also appoints persons responsible for this.

Coordination

The document developers must agree on the contents of the document with specialists from the human resources department, accounting department and other services at their discretion. The visa staff express their suggestions, comments and agreement on a special approval sheet.

Statement

After approval, the document is submitted to the manager for approval. At this stage, the manager submits the draft act to the trade union elected body, which must provide a reasoned opinion on the content of the draft within five days.

Introduction

The LNA is put into effect by an appropriate order.

After this, employees must be familiarized with the new document by signature. When hiring new employees, they must be familiarized with the act before signing the employment contract.

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:

With or without pay;
Due to pregnancy and due to the approaching birth;
Additional vacation days;
Annual – according to schedule;
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.

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.

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.

Annual paid vacation	Provided on an annual basis to persons who have worked for the organization for at least six months (during the employee’s absence from the place of employment, he retains his job for up to 28 days allocated for vacation).
At your own expense without financial support	This type of leave is issued for employees who need to be temporarily released from work obligations for certain reasons, for example, the birth of a child.
Additional	The corresponding type is issued for certain categories of employees, a complete list of which is given in the Labor Code of the Russian Federation.
Maternity leave	In the vast majority of cases, it is issued upon presentation of a special certificate from a medical institution (the duration of the vacation can be up to 140 days).
Training	Employees take out such leave to combine professional activities with obtaining an education (the rules for providing this type of leave are regulated by Article 173-177 of the Labor Code of the Russian Federation). Article 173. Guarantees and compensation for employees combining work with obtaining higher education in undergraduate programs Article 174. Guarantees and compensation for employees, combining work with obtaining secondary vocational education Article 176. Guarantees and compensations for employees receiving basic general education or secondary general education Article 177. Procedure for providing guarantees and compensation for employees combining work with obtaining education

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:

Types of vacation periods (regular and additional) used in the company;
Duration of the rest period, specified depending on the type of leave;
Employees who may be granted a certain type of leave period;
Conditions for registration of vacations;
Nuances of calculating and issuing compensation payments to vacationers, calculation methods;
A package of documents for registration of vacations in the company;
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 a 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:

Approve the Regulations on vacations for employees of Caramel City LLC.
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.

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Article 115. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

Article 116. Annual additional paid leave

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open-pit mines and quarries, in zones of radioactive contamination, and in other work associated with the adverse effects on human health of harmful physical, chemical, biological and other factors.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Article 118. Annual additional paid leave for the special nature of work

The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Article 119. Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from local budget - local government bodies.

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

Article 121. Calculation of length of service giving the right to annual paid leave

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The length of service that gives the right to annual basic paid leave includes:

actual work time;

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, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

The length of service that gives the right to annual basic paid leave does not include:

the time the employee is absent from work without good reason, including due to his removal from work in the cases provided for in Article 76 of this Code;

time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. - Federal Law of July 22, 2008 N 157-FZ.

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

Article 122. Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

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

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 123. Sequence of granting annual paid leave

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:

(as amended by Federal Law No. 90-FZ of June 30, 2006)

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;

(as amended by Federal Law No. 90-FZ of June 30, 2006)

in other cases provided for by labor legislation and local regulations.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Article 125. Division of annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

Article 126. Replacement of annual paid leave with monetary compensation

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.

When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal).

Article 127. Exercise of the right to leave upon dismissal of an employee

By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that until the entry into force of Convention N 132 of the International Labor Organization “On Paid Leave”, the provisions of this article continue to apply that upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

The employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

The vacation regulations are an internal document drawn up in the company, the purpose of which is to regulate the procedure for granting vacations to employees. According to the Labor Code, the provision on the provision of vacations is not mandatory for registration with a specific employer. However, its presence is intended to resolve certain issues in this area that are not regulated by the Labor Code.

In what cases will a vacation provision be needed?

If, for example, the company provides for additional vacations, which, according to the law, do not belong to the mandatory additional vacations, that is, they are provided at the initiative of the employer, then it is advisable to specify the specifics of providing such vacations to employees in the vacation regulations. The document can also streamline the rules for granting leave at your own expense, limit its maximum duration, and indicate the conditions under which the employee can count on it. The regulations on granting leave may contain a list of necessary documents that the employee must provide when applying for one or another type of leave.

In addition, the vacation regulations may address issues of vacation payments. This is especially true, again, for additional leaves, the provision of which is carried out not according to the Labor Code, but at the initiative of the employer. The procedure for calculating vacation pay in normal cases does not raise questions, since the rules for determining the amount of vacation pay are strictly defined by current legislation. The situation with additional payments is different, so the procedure for calculating such amounts must be documented: either in the vacation regulations, or in the regulations on wages.

Procedure for drawing up vacation regulations

The presence in the Labor Code of strictly prescribed postulates applied to resolving a particular issue does not mean that they cannot be duplicated in the provision on granting vacations. The main task when drawing up a document is to ensure that the rules specified in it do not violate the rights of the company’s employees. This follows from the provisions of Article 8 of the Labor Code on the basis that the document in question refers to local legal acts, which in turn lose their relevance if the norms prescribed in them, in comparison with the norms of labor legislation, put workers in a worse position. As for the rest, the drafting of the leave regulations and exactly what items will be spelled out in it remains entirely at the discretion of the employer. There is no strictly regulated form of the document in this case.

Typically, a vacation provision, when it is drawn up in a specific company, is issued for an indefinite period. If it is necessary to make changes to it, the corresponding order of the director is issued, and the current version of the document is updated. When hiring a new employee, as a rule, they are provided with this document for review and signature.