How to calculate a vacation in accordance with the law

Under the legislation of the Russian Federation, any citizen who works under an employment contract must receive his vacation days. How to calculate the vacation, spelled out in the Labor Code. There are all the rules and responsibilities of the employer and the employee. The granting of leave for the TC is a time of rest, free from labor duties, in which the employee retains his position and salary.

How to calculate the vacation? To begin with, it is necessary to calculate the employee's vacation experience. This length of service is the period for which leave is granted. Another one is its working year. These are simply different names for the same period for which leave is granted. However, sometimes accountants mistakenly believe that the period for which a vacation is granted is a calendar year. This is not true, because the worker is given it for the worker, not the calendar year. The working year is 12 full months from the date of employment. That is, the right to annual leave the employee starts earning from your first day of work with you.

Despite the fact that the length of service for an employee is counted from the moment of the emergence of labor relations with him, the employer does not have to give vacation days immediately to him. The right to use them for the first worked year arises from the employee only after six months of continuous work in the organization, including the periods counted in the length of service. Article 122 of the TC does not say that the employee is entitled to receive, and the employer is obliged to give him leave after 6 months worked. Here we are talking about something else - the fact that only after six months a new employee receives the same rights as the rest, with respect to the opportunity to indulge him. However, under the permission of the head, it can be given to the employee, who works in the organization for less than six months.

How to calculate vacation in case of ambiguous situations? There are workers who even have the right to go on vacation even in the first year of their work, without waiting for the end of 6 months, and the employer will be obliged to provide them. These include, for example, women before or after maternity leave , minors, part-time workers.

How to calculate the vacation? According to the Labor Code and other normative documents, the employee is not required to walk off all 28 calendar days at once without breaking into parts. The breakdown of leave is not prohibited by mutual consent, however, provided that the minimum duration of one part is 14 calendar days.

As for how to calculate the leave of the remaining days, nothing is said in the TC. In disputable situations, this issue can be solved individually with each specific employee. For example, an employee can take 5 calendar days, not counting the weekend, to extend vacation. Or, conversely, with a large amount of work, an employee can take the remaining vacation for 2 calendar days, which fall on a Saturday and Sunday. Therefore, each leader makes his own decision, which is desirable to be fixed in the normative local act of the organization.