Duration of additional leave for irregular working hours. Reason: work in CS conditions

is provided for by law and serves as a kind of reward for persons working above the established norm. About how they are appointed additional and how long they can be, we’ll talk in our article.

Who is entitled to paid additional leave for irregular working hours?

TC in st. 119 says that persons performing labor functions in conditions of irregular working hours have the right to count on additional days paid leave annually. What should be understood by irregular working hours and what is the difference? this concept from working overtime or at night?

According to Art. 101 of the Code, days with a special work schedule are recognized as non-standardized, in which an employee, if necessary, can, at the initiative of the employer, be involved in the implementation of the tasks established for him labor responsibilities outside of daytime working hours. A working day with an irregular schedule may be established for employees working on a part-time basis or a reduced working day.

You also need to know that the law does not establish any restrictions on the use of irregular working hours in relation to certain categories of workers. This means that it can also be installed for minors and pregnant women.

Work performed in excess of established standards is not considered overtime in this case, nor is it considered that the employee is involved in night shift work. This condition is important to consider when making payments to an employee and providing him with additional holidays for irregular working hours. In addition, the established irregular working day allows the employer not to obtain the consent of employees for work carried out in excess of the norm. Nor does he need to obtain permission for these actions from the trade union organization, if there is one.

It should be noted, however, that if an employee carries out activities under irregular conditions, the employer must ensure that the hours actually worked are recorded. This condition is reflected in Art. 91 of the Labor Code of the Russian Federation and is mandatory.

As for persons engaged in labor activity in conditions of irregular hours, recording their working time allows one to avoid only systematic overtime, while the amount of their salary is not affected in any way by the hours worked above the norm. For this reason, there is a need, in addition to the timesheet, to maintain another document, for example, a logbook that reflects the unpaid hours actually worked by the employee.

Of course, even the occasional involvement of employees in work lasting longer than established standards time must be compensated in some way by the employer. To date additional holidays for irregular working hours precisely represent one of the methods of such compensation.

What is the duration of additional leave for irregularity?

According to Art. 119 of the Labor Code, the duration can be at least 3 calendar days. In fact, it is established in accordance with the acts in force in organizations or agreements concluded with employees.

It is important to emphasize that despite the minimum duration established by law additional leave for irregular working hours, the legislator is silent about the maximum. This, in turn, allows the employer to independently determine how many days holidays for irregular working days provide the worker in accordance with the actual severity (complexity) of the labor functions assigned to him and the number of hours worked.

This procedure for determining the duration of vacation is not fixed at the legislative level, but at present it can be called generally accepted. The logic here is simple: the more complex manufacturing process, the longer the duration additional leave for irregular working hours.

How is leave for irregularity established?

If a person is hired under the condition of irregular working day, then when concluding an agreement with him, this circumstance must be reflected in the document without fail - this follows from the provisions of Art. 57 TK. Moreover, in addition to indicating non-standardization, contracts concluded with certain employees must also contain information about the duration additional leave for irregular working hours. In addition, these documents must also contain indications of other additional leaves that are due to working citizens due to the performance of special labor functions or due to the characteristics of the area in which they work.

Size additional leave for irregular working hours may be provided for either by an employment or collective agreement, or by other regulations in force with the employer. And in any case, the employee must be familiar with documents of this kind against signature.

In addition to the duration additional holidays for irregular working hours The employer must also establish a list of professions and positions that require the existence of a regime of irregular work hours. By the way, in organizations financed from the state budget (state institutions of federal significance), the list of professions/positions with irregular working hours is established by government decree No. 884 of December 11, 2002, as amended on September 30, 2014.

According to its provisions, an irregular working day can be established:

managers, business and technical personnel;
employees whose work cannot be accounted for with the necessary accuracy;
persons planning work time at your own discretion;
employees whose working time is divided into parts whose duration is not defined.

An employer can rely on such a classification when determining positions that require work under irregular conditions.

On the provision of vacations and payment of compensation for their unused part

Additional holidays for irregular working hours may be provided simultaneously with annual leave. It is possible to use them together with other holidays, due to the employee, for example, due to the special nature of its labor activity. Total number days of vacation in this case is calculated by summing the days of all vacations due to him.

The employee will take the required vacation in accordance with the established schedule, and by agreement with the employer, the full annual paid vacation period can be divided into several parts provided throughout the year. It is important to understand that the employer does not have the right to force an employee to divide his vacation; in addition, one of the parts should not be less than 2 weeks (14 days).

It should also be recalled about the rights enshrined in Art. 126 TK. According to this norm, part of an employee’s annual paid leave can be replaced by monetary compensation. It is necessary to understand that payment of compensation for unused rest days is a right, and not an obligation, of the employer. At the same time, he, at his discretion, can either force the employee to take off all the days he has available, or pay compensation for the unused part, allowing the employee to work. In addition, if the latter has accumulated several annual vacations, then when summing them up, the employee has the right to take compensation for time exceeding 28 calendar days in each reporting period, or any part of the additional leave in each reporting period.

It is important to remember that vacation compensation cannot be paid to pregnant women and employees who have not reached the age of majority. It is also not allowed to replace part of the vacation with compensation for employees whose work functions involve exposure to harmful or dangerous production factors.

Annual paid leave is provided to all employees with whom an employment contract has been concluded. Its duration is twenty-eight calendar days. You don’t have to use the right to vacation once, you can divide it into several parts, the main thing is that the main part is at least fourteen days.

We also often come across the concept of additional leave, which is granted to a separate category of citizens:

For workers whose days are not standardized
citizens employed in harmful and dangerous working conditions
employees working in the Far North and a number of other regions with harsh climatic conditions
otherwise, if it is specified in the regulatory and local acts of the organization in agreement with the employer

Additional leave for irregular work

Important! If an employee has employment contract If an irregular working day is provided, then he is entitled to additional leave in any case, even if he has not worked beyond the norm during the year.

The number of days that an employee can rest must be provided for by the regulatory and local acts of the organization, and the employee must be familiarized with these documents against signature; the number of days should not be less than three.

Additional leave just as the mandatory one must be drawn up in accordance with the requirements of the Legislation.

The HR employee draws up a vacation schedule in advance
Accepts leave requests in due time
Reflects it in a personal card and time sheet
Transfers it to the accounting department, where vacation pay is calculated

Vacation application, scheduling

It is not necessary to submit an application for additional leave, but if it was not provided for in the schedule, then you will be required to do so. Here you need to specify:

To whom are you addressing, namely the director or to CEO indicating the first name, last name and patronymic
from whom, your details and position
and then the text itself: “I ask for additional leave, indicate from what date and on what basis, for how long”
date, signature, transcript

Important! The schedule must indicate the dates of the main and additional leave in advance; it is drawn up no later than two weeks before the start of the new year, that is, in mid-December for the next year.

Nuances of granting leave in practice

Additional days of vacation for irregular working hours may be provided by the employer company simultaneously with the main days of rest, as well as other vacations guaranteed by law or local regulations.

The procedure for their use is determined in accordance with agreements between the employer and employee.

For example, total days of rest can be determined by summing up all the vacations that an employee is entitled to take off. The corresponding mechanism, therefore, can be fixed to the employment contract or additional agreements to it. The employee must use vacation based on the approved schedule. In this case, the norms of the Labor Code of the Russian Federation regulating how employers must provide their employees with additional paid leave for irregular working hours are generally the same as those that characterize the use of rest by employees on a general basis.

Is compensation due for additional leave?

According to labor legislation, compensation is due upon dismissal, but the employee has the right, upon application, to receive it instead annual leave, but not the main one, but only the additional one.

Each employee's vacation consists of two parts:

1.Basic

2.Additional

IMPORTANT!! Compensation is provided for vacations exceeding twenty-eight days

If an employee has worked in an organization for 11 to 12 months, then he should receive compensation for a full working year, that is, for the entire annual paid leave. The exception is the case when the employee’s vacation period turned out to be 11 months as a result of rounding. An employee who has worked in an organization from 5.5 to 11 months is paid compensation for the entire annual leave if he was dismissed:

in connection with the liquidation of the employing organization;
on staff reduction;
due to some other circumstances

This rule applies only if the employee has worked for this employer for less than a year.

Calculation of compensation for additional leave

In order to calculate compensation for unpaid vacation, you must take into account:

Number of unused days
Average daily earnings
If less than half of the month is worked, it will not be included in the total and vice versa
Indexation coefficient

For example, Sergeeva S.V. worked at Pilot LLC from June 1, 2017 to October 31, 2017, dismissal date October 31, 2017, actual number of working days 108, calendar number 146.5, based on 29.3 for each month (29.3*5)

Vacation compensation is due for 12 days. The salary from June to August was 8100 rubles, then it was raised to 8600, so it is necessary to apply the indexation coefficient, it is equal to 8600/8100 = 1.061.

The total amount of payments, taking into account the coefficient, was 42,999.31 rubles.

Let's determine the average daily earnings 42999.31/146.5=293.51

Compensation will be 293.51*12 days =3522.12 rubles

We must transfer personal income tax and insurance premiums from it.

Personal income tax will be 3522.12*13%=458 rubles.

In the case of accrual of compensation for additional leave, the accruals will be similar, except if coefficients are applied in your area, then you must be based on them.

The accounting entries will be as follows:

Answers to frequently asked questions

1. Question No. 1: Can I take compensation instead of the required additional leave for irregular work?

Yes, you have every right to do this, in order to make sure whether you are entitled to such leave, contact the HR department, let them provide you with your employment contract to read and local acts organizations in which this should be indicated, after you read and make sure, you can safely write an application for compensation to the employer; after its approval, it should be paid to you along with your next salary.

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Leave for irregular working hours in the Labor Code of the Russian Federation is allocated only a few paragraphs, this is clearly not enough to describe all possible situations related to the issue of rest under a special working regime. The Labor Code provides various cases increasing the duration of rest for certain categories of personnel.

In particular, an example is additional leave for irregular working hours. But it can only be issued if there is some important information in the documents of the organization.

Definition of such a special regime labor regulations can be read in Art. 101 Labor Code of the Russian Federation. This is the work schedule when, at the request of the manager, an employee can be required to perform his functions outside of normal working hours.

Many people believe that if they stay late at the office in the evenings, then their work hours are considered irregular. This is not entirely true. Labor Code makes it clear who is entitled to additional rest time. The provisions of labor legislation require that the possibility of working outside the working day be fixed in the clauses of the internal regulations of the enterprise or in the collective agreement. It is this fact that will allow people employed by the company to claim additional paid leave for irregular working hours.

The local documents of the company can define a special labor schedule both for individual vacancies and for the entire enterprise as a whole. At the same time, the rule applies that if the employment contract does not contain a note on irregular working hours, then the employee has the right to refuse to perform his duties outside of normal hours, even if his position is reflected in the list of personnel who are subject to an irregular schedule. At the same time, they are still obliged to provide him with an extra period of rest.

The condition on a special work schedule can be canceled by amending the employment contract by agreement of the parties. If such changes are made by the employer unilaterally, then it is necessary to notify the employee about this at least a couple of months before the actual start date of the changes. This is prescribed by Art. 74 Labor Code of the Russian Federation.

A special category of workers has been highlighted who, according to the conditions labor contract work part-time working time. They can only be offered an irregular schedule if they work multiple jobs. full days per week (i.e., it is not a part-time work day, but a different duration from others work week). This provision also applies to part-time workers. Their working hours will have to be regulated strictly according to the rules established by the code.

The company does not have the right to involve pregnant employees in performing duties outside the normal working hours. In this case, there is no need to make changes to the employment contract. After such an employee returns from maternity leave, her daily routine will return to the previously approved format.

The duration of leave for irregular working hours must also be recorded in local regulatory documents or a collective agreement.

On what basis is additional rest time issued to personnel with a non-standard work schedule?

It is necessary to consider when leave is issued to employees with irregular working hours. Data on the planned time of breaks from work is contained in the vacation schedule. This document must be drawn up at the enterprise every December. The schedule also includes additional days that are provided for non-standard work formats. The order approving the rest schedule is signed by the head of the enterprise.

Interestingly, workers with irregular working hours are given an extra break for rest while maintaining average salary even in cases where the employer has never exercised his right to involve a person in performing work duties outside of working hours.

If an employee goes on vacation according to a previously agreed plan, then no additional documents not required. But if an individual decides to go on vacation at another time, then he will need to fill out an application to change the rest period to a different period. Having received such a written expression of will of the person, the director issues an order to change the rest period of an individual employee. It should be borne in mind that the boss may refuse to reschedule if this interferes with the production process.

If contrary established rules The vacation schedule at the enterprise has not been approved, then in order to arrange a vacation, a person must contact the manager in writing. At the same time, he indicates the full duration of his rest, and the responsible employee of the organization independently determines which days from this period will be considered basic and which additional.

An order confirming the director’s order to release the employee on vacation will contain the following wording.

Provide Shlyapochnikov I.K. vacation with pay for the period of work at JSC Informatics from 10/01/2016 to 09/30/2017:

main for 28 days from 08/01/2017 to 08/28/2017;
additional for 3 calendar days from 08/29/2017 to 08/31/2017.

Duration of additional rest under other work schedule conditions

The duration of additional leave for irregular working hours depends on the policy established in the company, as well as on current legislation. According to Art. 119 of the Labor Code of the Russian Federation, annual additional leave for irregular working hours while maintaining earnings is unacceptable to be shorter than 3 days. The longest duration is not established by the code, but local regulations or a collective agreement should stipulate how many days employees working under a special regime are actually entitled to rest.

Providing additional leave for irregular working hours can be timed to coincide with the main rest. This is not a requirement. Extra vacation days can be provided separately. In addition, they do not have to be taken all together, but can be separated.

The rules for calculating days of main vacation due in a calendar year can also be applied to days of additional work breaks. They are calculated in proportion to the time a person works at the enterprise, which includes all paid leaves, but unpaid ones - only within 14 days.

In addition to the paid one, the employee has the right to ask for days of unpaid additional rest.

Is it acceptable to pay compensation in exchange for extra days of rest?

Labor legislation prohibits the replacement of rest time with monetary compensation. But this only applies to a paid break from work that does not exceed 28 days, i.e. the main one. This is stated in Art. 126 Labor Code of the Russian Federation.

In addition, it is impossible to replace any leave of a pregnant woman and a minor employee with financial compensation.

In other cases, days of excess vacation not taken off are paid to the employee upon his request. This also applies to vacation compensation for irregular working hours. The calculation procedure for paying compensation is the same as for paying regular vacation pay. First, calculate the average salary of an employee for Last year. When determining average earnings, all payments to the employee are taken into account, with the exception of payment for sick leave, vacation pay and other social guarantees that are not directly related to the performance of job duties.

If the year has been worked in full, then the amount received is divided into 365 or 366 days. But if the employee was sick or was not at work for other reasons, then the number of days in the denominator is reduced by the periods of such absence.

Petrenko D.A. On July 18, 2017, he submitted a statement to the manager with a request to pay him compensation for the unused 3 days of extra vacation. To determine the average salary for his work, income for the period from July 2016 to June 2017 is taken. His salary for the entire period did not change and remained at the level of 18,000 rubles, no additional charges for last year did not have. Calculation compensation payment vacation pay looks like this: (18,000 * 12) / 365 * 3 = 591.78 rubles.

An order for payment of compensation is issued on the basis of the written expression of will of the employee. The contents of the statement will be as follows:

I request compensation for unused days of annual additional paid rest provided in connection with irregular work hours.

It should be borne in mind that only the employee himself can ask for compensation. The organization itself does not have the right to impose such an order, since this will contradict the norms of the Labor Code of the Russian Federation, and the employer may be fined for infringing on the rights of an employee. For the same reason, it is not necessary to prescribe the replacement of an additional paid break in work with compensation in an employment contract or internal regulations.

Summarizing the above, it should be noted once again that additional days of rest are provided to the employee regardless of whether he was involved in work outside the normal work schedule or not. Planned vacation dates must be included in the vacation schedule, but if this rule is violated, then an order from the manager is issued for each vacation (main and additional).

Sep 3, 2017 zakonadmnin

Additional leave for irregular working hours is a guaranteed compensation provided to an employee for unaccounted overtime. This is the main difference irregular days from overtime work, although both involve exceeding the number of working hours. The provision of compensatory leave is regulated by the Labor Code of the Russian Federation and is mandatory for the employer.

Most often you can hear that long working hours are episodic overtime, used as necessary. No one knows what “episodic” is and how “necessity” is determined. It is understood that an employee whose work schedule is called “irregular”, in case of emergency to perform one or another production task works beyond the normal work schedule. Wherein important factor is the inability to complete work during the main working day.

In fact, “irregularity” means conditions under which an employee is not able to complete the entire volume of work without daily delays at the workplace. This is most clearly expressed in the work of law enforcement officers or senior management of enterprises and organizations.

There are no limits for overtime during irregular working hours. While there is a limit of 120 hours per year for overtime work, there is no overtime limit for irregular work.

Article 101 of the Labor Code of the Russian Federation gives general definition and signs of long working hours.

Of course, in reality everything looks a little different. The employer does not always involve the employee in performing job duties. Most often, the employee himself, forced to perform work tasks, is forced to stay late at work or work on weekends. The best example The windows of the buildings in which the courts are located, illuminated until late, can serve as an example.

The establishment of an irregular working day for certain categories of workers occurs either on the basis of an employment contract, or on the basis of a collective labor agreement, or on the basis of internal orders of the enterprise.

In this case, the list of employees working in irregular hours may be listed in the document establishing the internal labor regime. In this case, the minimum additional leave is determined by the legislator at 3 working days. Additional leave cannot be granted less than this period.

You need to know that irregular hours worked are not taken into account. There are organizations that keep a log of time spent on irregular working hours, but maintaining such a log is not mandatory. The main one is the employment contract indicating the number of days of compensatory leave.

Important! In accordance with labor legislation, irregular working hours are determined by the position held by the employee. Thus, both the irregular working hours regime and the number of days of additional leave are determined at the time of signing the employment contract. When working conditions change, the terms of the contract are additionally changed.

Procedure for granting leave

An employee whose work schedule is irregular working hours has the same vacation rights as employees with a fixed schedule. An irregular working day does not provide any privileges in this regard. In this case, the main vacation is 28 days in accordance with the vacation schedule approved at the beginning of each calendar year.

Additional leave for an irregular working day is provided for a period determined by the collective labor agreement, internal regulations of the enterprise or internal labor regulations. In accordance with Art. 119 of the Labor Code, additional leave for an irregular working day cannot be less than three calendar days. The upper limit for the period of additional leave is not defined and is left at the discretion of the employer and employee. As a rule, the period of additional leave is set depending on the position occupied, that is, for each individual position for which an irregular working day is established, its own duration of additional leave can be established.

Unfortunately, the legislation does not define either the duration of compensatory rest or the list of positions that are subject to the irregular day regime. To some extent, one can be guided by the explanatory letter of Rostrud PG/3841-6-1 dated May 2012.

As can be seen from the explanatory letter, all legal regulation of the duration of compensatory leave for irregular working hours is entirely left to the contractual relations of the employer and employees.

At the same time, additional leave is mandatory only on the basis that the position belongs to the category of labor regime with irregular working hours. That is, vacation will be assigned to an employee holding such a position, regardless of whether he worked or did not work additionally during the working year.

Additional leave, like the main one, is paid and can be either combined with the main one or provided separately.

Video - Involving an employee in additional work

Replacement of vacation with monetary compensation

Irregular working hours are not paid additionally, unlike overtime work. By by and large, this can be considered incorrect, because an irregular day imposes an additional burden or an additional amount of work on the employee.

In some enterprises, this injustice is eliminated by a collective labor agreement, which may provide for additional financial incentive workers working irregular hours. Such a condition of a collective agreement is not regulated by law and, in fact, is a contractual relationship between the employer and employees.

At the same time, in accordance with part 1 tbsp. 126 Labor Code of the Russian Federation, the employee has the right to request replacement of additional leave with monetary compensation. This issue is not directly regulated by labor legislation, but Article 127 of the Labor Code provides indirect permission for such a procedure, subject to a written application from the employee.

This directive can be called indirect for the reason that it does not contain a direct reference to compensatory leave for irregular working hours. Actually, additional vacations exceeding 28 days of the main vacation include a number of vacations, such as additional vacations for harmful conditions labor, working pensioners, health workers, etc. But since we are talking about additional leaves, we can assume that monetary compensation instead of additional leave for irregular working hours is permitted on the basis of the written expression of the employee’s will.

Based on the meaning of Article 126 of the Labor Code of the Russian Federation, monetary compensation is prohibited instead of additional leave at the initiative of the employer. Only an employee’s application can serve as a basis for replacing vacation with monetary compensation. An initiative or directive of an enterprise aimed at replacing vacation with money is a malicious violation of labor legislation and is punishable by a fine.

Payment of compensation is made on the same basis as when calculating vacation pay for the employee’s main vacation.

Special issues of additional leave for irregular working hours

Special questions arise in the case of the special status of workers occupying positions with irregular work hours. Similar statuses include part-time and rotational labor relations.

The answers to these questions lie in labor legislation. In the case of part-time workers, the main role is played by the fact that they have their main place of work. According with Article 284 of the Labor Code of the Russian Federation They can spend no more than four hours a day on part-time activities. Thus, with a general working time standard of 176 hours per calendar month, they can devote no more than 88 hours to part-time activities in the same month.

This is where the concept of irregular working hours comes into conflict with Article 284 of the Labor Code. That is, under no circumstances can a part-time worker work in a part-time position for more than 4 hours a day, while an irregular day implies working beyond the established time schedule, which means that the conditions of an irregular working day are legally defined as unacceptable for a part-time worker.

Based on the above, we can assume that a part-time worker holding a position with irregular working hours cannot apply for additional leave, since, by definition, he cannot work irregular hours. He says the same thing arbitrage practice, summarized in the determination of the Supreme Arbitration Court No. 9418/13.

In accordance with this definition, the possibility of applying to a part-time worker the conditions of irregular working hours and the appointment of additional leave is determined by the presence of a part-time worker’s refusal or suspension of the employment contract at the main place of work.

This conclusion of the Supreme Court fully applies to cases of work on a rotational basis, since with this type labor relations a cumulative recording of working time is made for the shift period, that is, for a month, for two months, etc.

This method of recording working time is regulated Article 104 of the Labor Code of the Russian Federation and is called the summarized recording of working time. Thus, the overtime of a shift worker falls under the signs of overtime work provided for Art. 99 Labor Code of the Russian Federation and does not bear any signs of long working hours. Accordingly, additional cash pay is due for overtime work, but not additional vacation.

Employees whose work schedule is documented to be irregular have the right to additional annual paid leave. Its minimum duration is determined by the Labor Code of the Russian Federation and is 3 days.

Let's figure out how vacation is assigned and paid of this type.

The main document regulating labor relations is the Labor Code. However, the list of employees with irregular working hours determined solely by the employer. This list documented and further enshrined in local regulations.

For employees of government agencies, the procedure for establishing an irregular schedule, as well as the provision of additional leaves in connection with this, are determined at the legislative level. But the list of persons to whom these provisions apply is compiled by the employer.

Thus, for different types Organizations have various documents regulating the activities of workers with irregular hours:

all types of enterprises - internal regulations organizations;
federal level institutions - Government resolution;
government agencies at the level of a subject of the Russian Federation - regulatory acts of a specific subject;
municipal institutions- regulations at the municipal level.

Conditions for recognizing employee work schedules commercial organizations are not regulated at the legislative level.

According to the latest changes, Rostrud obliged managers to indicate in the employment contract the fact of an irregular work schedule, although previously it was enough to reflect this point in the internal act of the organization.

What is an irregular working day?

Many organizations today actively use irregular schedules. Its advantages for the employer are obvious:

no need for a documentary explanation for exceeding the maximum working day standards;
no need to obtain written consent from the employee;
the employee's inability to refuse.

When establishing an irregular work schedule in an organization, the employer must meet certain conditions: write down a list of positions whose work schedule exceeds the maximum permissible limits, internal instructions and the collective labor agreement, as well as establish for these employees, along with the main paid leave, an additional one - no less three days.

101 art. The Labor Code of the Russian Federation defines an irregular work schedule as a special labor regime in which the employer can oblige an employee to periodically perform his immediate duties beyond the normal schedule.

For this, the employee is not entitled to money, but several days of additional leave. They are provided regardless of the amount of additional work performed, even when the employee has never been involved in additional work during the billing period.

An irregular work schedule is episodic in nature, that is, the regular involvement of subordinates in overtime work illegal because it violates it labor rights. It is worth noting that additional work must be part of the employee’s job responsibilities and contained in his employment contract.

How is the vacation period determined?

The Labor Code obliges employers to provide their subordinates with extra leave for irregular work schedules. He also determines its minimum duration, equal to three days.

The duration of such leave for various positions is regulated by the internal regulations of budgetary organizations based on the amount of additional work, the degree of workload and other conditions.

In addition to the Labor Code, the following regulations must be taken into account:

Order of the Ministry of Finance No. 54, which determines the duration of additional leave for employees of the central office of the Ministry of Finance - from 8 to 12 days;
Order of Rosarkhiv No. 138 IS for archival service workers: from 8 to 14 days;
Order of the Ministry of Justice No. 33, etc.

The specific duration of additional leave in budgetary organizations is determined based on many factors and cannot exceed 12 working days or 14 calendar days.

Heads of commercial organizations can provide subordinates with additional leave of more than 14 days.

For them, only its minimum duration is regulated - 3 days. As a rule, HR employees are guided by the actual time an employee works in excess of the normal schedule: the more he works additionally, the longer the vacation will be.

How is it paid?

Additional leave is paid similar to main. To calculate the amount, you need to identify the employee and multiply it by the number of vacation days.

At the request of the employee, the employer has the right to replace the provision of additional holidays However, such a possibility is not recorded in the Labor Code, so the manager can refuse monetary compensation and send the employee on leave.

Registration procedure

Registration of additional leave for irregular working hours is essentially no different from registration of regular paid leave. detailed instructions for registration of additional leave is available.

Can an employer refuse to provide additional leave?

The Labor Code establishes the rights of an employee to provide him with an annual vacation, both main and additional.

The employer refuses the employee additional leave can not. Before the start of the calendar year, a plan is drawn up, in accordance with which they are provided to all employees.

The Labor Code provides for the only reason why an employer can postpone an employee’s vacation - this is, that is, the possibility negative influence vacation of a specific employee for the activities of the entire organization. However, even in this case it is required written agreement employee.

Therefore, every employee has the legal right to go on vacation in accordance with the vacation schedule. Canceling or postponing an employee's vacation without his consent is illegal!

Responsibility of the employer for depriving an employee of additional leave

Failure to provide an employee with additional leave threatens the employer with administrative liability in the form of a fine of up to 5,000 rubles for individuals and 50,000 for legal entities.

Repeated violation leads to disqualification of the organization for a period of 3 months to 3 years.

Pernicious violators who deprive employees of additional leave for two or more years may be subject to criminal liability.