Vacation is a long-awaited time, but not everyone and not always know how these long-awaited days should be calculated and provided. Detailed calculation rules are spelled out in the Labor Code, however, like any normative act, the Code is difficult to understand, so we will explain the main provisions regarding the calculation of vacations.
The right of every working citizen to an annual paid vacation is enshrined in the Labor Code of the Russian Federation (Article 114). It should be noted that vacation days are not calculated, but provided, in accordance with the legislative norms developed for each type of activity. Already with a six-month work experience, an employee can be granted leave (Article 122 of the Labor Code of the Russian Federation, part 2), with a duration of 28 calendar days (according to Article 115 of the Labor Code of the Russian Federation), minus holidays.
However, in some cases, it is possible to grant leave until the minimum length of service is reached, at the discretion of the company's management, with a mutual agreement of the parties. Also, special categories of citizens are highlighted, at whose request the organization is obliged to provide vacation days in advance (minors, veterans, Chernobyl victims, wives (husbands) of military personnel, women before maternity leave, etc.).
For certain categories of citizens, the legislation provides for an extended basic leave, for example: for minors (31 k.d.), for employees of educational institutions (from 42 to 56 k.d.), for health workers (36 working days), for the disabled, state and municipal employees (at least 30 k.d.), for researchers (36-48 business days), etc.
For special categories of employees, additional leave is provided along with the main annual leave (article 116 of the Labor Code of the Russian Federation), in this case the vacation days are summed up (part 2 of article 120 of the Labor Code of the Russian Federation).
The legislation also provides for the possibility of dividing the main annual leave into parts (Article 125 of the Labor Code of the Russian Federation), by agreement of the parties, while one of the parts must be at least 14 calendar days. In agreement with the management, the employee can use the remaining days at his own discretion, it is also possible to overspend the allocated vacation days, by deducting their number from the next annual vacation.
The employee can also ask for the appointment of the beginning of the vacation after the weekend or its end before the weekend, which in fact increases its duration (Article 120 of the Labor Code of the Russian Federation).