Annual basic paid leave for minors. How many days is the leave for minors? Vacation Features and Additional Restrictions
Every “adult” during his youth thought about the possibility of getting a part-time job and earning money by his own labor. The situation does not change even today: every independent teenager will always find an opportunity to earn extra money.
This is especially true during the periods of summer and winter holidays, when schoolchildren and students are completely free from study. However, not everyone is familiar with the legislation on the labor of minors, which raises a number of questions: when you can work, how much, and for what salary.
Equally important is the issue of juvenile leave, the concept of which you will learn in the next article.
Normative base
The labor legislation of Russia regulates all rights and obligations underage workers and their employers.
The duration of the leave of minors is established by Article 267 of the Labor Code Russian Federation: employees who have not reached the age of 18 are entitled to at least 31 days of annual paid leave.
The legislation also provides additional types leave of minors of the Labor Code of the Russian Federation in the form of article 116.
This legislative act provides for the opportunity to go on additional paid leave while maintaining the average earnings per month.
Labor Code of the Russian Federation
The introduction of such bills will allow a teenager to combine study and work: an additional vacation can be taken at the beginning of summer and allocate time to prepare for exams. At the same time, he does not lose his income and job vacancy.
Kinds
The next annual paid leave for minors is granted in the amount of 28 calendar days.
All this time, the employer is obliged to pay the minimum wage to the minor employee and guarantee him a free vacancy upon his return to work.
The legislation provides for only one paid vacation per working year (not to be confused with the calendar year).
It turns out that an employee who has got a job will not be able to go on paid leave without having worked 6 calendar months contract.
However, minors and pregnant employees are provided with benefits that allow them to take paid leave, regardless of the length of service.
Leave at your own expense can be taken in the following cases:
- up to 24 days if you did not use the main or additional leave at the previous place of work;
- if you need to complete a course of treatment or study;
- in case of death of relatives from 3 to 7 days;
- up to 30 days if you need to care for a sick relative.
In these cases, the teenager has the right to go on additional rest without receiving compensation for days not worked.
Also, by agreement with the employer, he has the right to request up to 15 unpaid vacation days per year.
According to the labor legislation of the Russian Federation, vacation for employees engaged in public works is provided in direct proportion to the number of days worked.
In addition, there are cases when a minor working in public works has the right to request paid leave at the end of the calendar, but not the working year.
Duration
Basic annual paid leave of 28 calendar days is granted to all employees.
However, pregnant, disabled, and underage employees are entitled to certain benefits when receiving leave: a teenager can go on paid leave, regardless of work experience.
If the labor legislation (Article 121 of the Labor Code) for all sets a condition of 6 months continuous work to receive leave, then the minor has the right to receive it out of turn.
By agreement with the authorities, a teenager has the right to break his vacation into several parts and go to work for only a few days.
Work experience of 6 months includes the time of illness, stay in study leave, passing a medical examination, forced absenteeism and suspension from work.
Also, minors are entitled to extended leave, provided for as much as 31 calendar days. This duration is established by Article 267 of the Labor Code of Russia.
Also, the Labor Code of the Russian Federation provides for daily work norms of 5 hours for workers aged 14-16 years and no more than seven hours for seventeen-year-olds.
Such time frames of work require a lot of effort from underage workers who combine study and work, therefore, the duration of an extended vacation of 31 calendar days was introduced into the legislation.
Peculiarities
The procedure for granting leave for minors is regulated by the leave schedule in the T-7 form, approved by the Decree of the State Statistics Committee of Russia.
The schedule is drawn up in the form of an A-4 size form and includes the following items:
- surname, name and patronymic of the minor employee;
- employee's position;
- name of the structural unit;
- the number of calendar days of vacation;
- date of subsequent leave.
In the column on the set date of the subsequent vacation, two dates are indicated: actual and planned.
Since going on vacation is necessarily agreed between the employer and the subordinate, the planned date implies only a month of vacation; the actual one contains more accurate information - the start and end dates of the vacation.
Download unified form Vacation schedule can be found here:
Vacation schedule (unified form T-7)
Documentation
Before agreeing with the employer on the duration and date of the vacation, a number of documents and a corresponding application should be prepared.
Information about the employee applying for leave is very similar to the criteria of the T-7 form: the form indicates the last name, first name and patronymic of the employee, his position in the enterprise and the name of the staff unit, as well as the features of calculating paid leave.
When making an application, you must adhere to the following example:
Sample Application
Download standard form statements can be found here:
Leave application
Payment
When a minor goes on paid leave, he has the right to receive vacation pay - the minimum payment for a working day.
To calculate earnings for 28 calendar days, you must use the formula: payments for the year / 12/30. With this formula, we will get the amount of the minimum earnings per day.
Example:
A 16-year-old employee who has worked at the enterprise for a year and received 5,000 rubles a month wants to know the amount of his vacation pay.
To do this, you need to divide his monthly salary by 30 days to get the average income per day: 5000/30= 166.7 rubles.
Using this formula, everyone can calculate the amount of vacation pay for 28 days of rest.
Is it possible to provide rest days outside the schedule?
In case of unforeseen situations, for example, the death or serious illness of relatives, the employer is obliged to provide the minor with leave of up to a week.
Also, a teenager has the right to additional unpaid leave if it is necessary to deal with studies or passing a medical examination.
Is it possible to combine unused vacations for several years?
According to the law, unused vacation provided each working year is added to the next vacation.
In this case, the teenager will have 56 days of paid leave, but once every two years.
Can a minor be recalled from vacation?
According to the third paragraph of Article 125 of the Labor Code of the Russian Federation, it is impossible to recall a minor employee from vacation.
Also, the employer does not have the right to replace parts of the holidays with paid or additional ones without the consent of the employee.
Is it possible to pay compensation for unused vacation days?
Compensation for unused vacation is paid in the event of dismissal of an employee, at his request, his transfer to another position or his replacement annual vacation.
Are deductions allowed for non-worked days?
Withholding paid vacation pay upon dismissal is not made in cases where the enterprise has suffered bankruptcy or reorganization, the employee goes to study or refuses to be transferred to another position.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
- All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.
Therefore, FREE expert consultants are working for you around the clock!
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Source: http://kadriruem.ru/otpusk-nesovershennoletnim/
Length of leave for employees under 18 | legal law
These work breaks are of three types:
- paid annual leave;
- additional;
- with non-payment wages for the vacation period.
Annual paid
This type of leave is provided with the calculation of wages for the absence of an employee at work during the rest period.
For this, standard forms of calculation were applied for all age categories of workers.
At your own expense
The right to leave for minors with pay is granted both at the request of the employee and according to the requirements of the enterprise where he works.
The essence of the holiday is that wages for the entire period of vacation are not paid.
Leave for a child under 18
This is spelled out in article 116 of the Labor Code.
A company or an employer can issue leave for an employee who needs to take exams or during heavy workloads at school and other educational institutions.
What is the duration?
In accordance with Article 277 of the Labor Code of the Russian Federation, leave for minors is granted for a period of 31 calendar days inclusive.
A teenager can take a vacation without even having worked for 6 months, when he so desires.
Important:if there were state holidays during the vacation period, then they are taken into account by the 31st day of vacation.
For example, a minor took leave for the period of May and stayed on it for 34 days.
Article TKRF 267. Annual basic paid leave for employees under the age of eighteen
Additional leave for minors It must be remembered that in addition to the annual paid leave, employees under the age of 18 are entitled to additional paid leave. For those who combine work and study, in accordance with Article 116 of the Labor Code of the Russian Federation, additional leave is provided while maintaining average earnings.
However, the amount of deductions in this case cannot exceed 20% of the payments that he will need to transfer in connection with the dismissal (Art.
137, 138 of the Labor Code of the Russian Federation).
Other "vacation" guarantees for underage workers In addition to a longer vacation and the ability to use it at any time, other guarantees are provided for workers under the age of 18 in the Labor Code of the Russian Federation. So, the annual leave of a minor employee:
- cannot be transferred to next year, for example, due to production needs.
- death of loved ones - up to 7 days;
- the need to care for a sick relative - up to 30 days.
By law, teenagers are also required to:
- take a vacation of up to 24 days at your own expense;
- be absent from work on the occasion of treatment or study.
Vacation Features and Additional Restrictions
The legislation has established some restrictions for employers, which are related to how exactly leave should be granted to employees who have not reached the age of majority.
Thus, according to the norms of the Labor Code, the employer must, without fail, provide leave to minor employees at their first request.
- Work within 6 months.
Length of vacation for persons under 18 years of age
In general, the law is waiting for a global revision, and it is far from certain that over time a specialized law will not be created that regulates exclusively the labor standards of underage workers.
Moreover, the norms of this law will concern not only such events as hiring, accrual of vacation pay, payment sick leave, dismissal of an employee and so on, but also many other factors.
For instance:
- labor standards;
- working hours;
- Providing time off;
- Administrative responsibility and much more.
In conclusion, it should be said that the law always protects the interests of employees, and minors in the first place.
For those working in the countryside
It does not matter where the minor works - in the city or in the countryside.
Leave for teenagers in any type of work and location is provided on a general basis.
The employer is obliged to grant leave to a minor during the first year of employment for a period of 31 calendar days and does not have the right to withdraw from it or pay this 1 month of leave in money.
When applying for a fixed-term employment contract
A fixed-term employment contract is a contract between an employee and an employer for a short period of work.
For instance, fixed-term contract fits into the period of summer holidays or the absence of a year of study (after school or vocational school).
In accordance with Article 122 of the Labor Code of the Russian Federation, a minor may take leave before the expiration of 6 months from the date of his employment.
Article 267. Annual basic paid leave for employees under the age of eighteen
Important Thus, a minor who has worked for 6 months is entitled to legal leave. Of particular note is the sending of employees on leave "in advance" with subsequent dismissal them by own will.
The employer of a teenager who quit immediately after a vacation cannot deduct money from his calculation as compensation for days not worked if the two-week notice period for an employee to notify his superiors of his dismissal is included in the annual leave provided to him, i.e. if the employee does not return to work after the holiday.
The procedure for granting vacations in organizations is determined by a special schedule drawn up at the beginning of the year.
Leave for underage workers
But what if the employee was hired by a minor, and in vacation will go after he turns 18? Does he have the right to count on a vacation of 31 days in such a situation?
The Supreme Court once answered this question: the duration of an employee’s vacation should be determined “in proportion to the hours worked before and after coming of age” (paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).
Let's explain with an example. Suppose an employee worked in an organization for 8 months before coming of age, another 1 month after coming of age, and then must go on vacation.
Then:
- for the period from the date of employment until the age of 18, the employee is entitled to leave of 20.67 days (31 days / 12 months x 8 months);
- for the period after the age of 18 until the first day of vacation - lasting 2.33 days (28 days / 12 months
Leave for a child under 18
They can also count on study leave necessary for the preparation and passing of exams by employees combining work and learning activities. Also, this category of citizens may require the employer to provide administrative leave, for example, due to passing entrance exams to a higher educational institution.
New edition Art. 267 of the Labor Code of the Russian Federation
Commentary on Article 267 of the Labor Code of the Russian Federation
At the request of a minor, leave must be granted before the expiration of 6 months of continuous work (part 3 of article 122 of the Labor Code).
Employees under 18 years of age are entitled to an extended basic paid leave of 31 calendar days, regardless of the nature of the work and characteristics of the employer, as well as to use the leave at a convenient time for them.
The procedure for calculating the duration of leave for employees under 18 years of age is the same as for adult employees: it includes days off that fall within the relevant calendar period, and does not include non-working days. holidays. The right to extended leave is granted to employees until the day they turn 18. In the working year when they turn 18, for the period up to the month they turn 18, inclusive, leave is calculated at the rate of 2.58 calendar days per month of work, and for the remaining period of the working year - at the rate of 2.33 calendar days per month of work. The result obtained as a result of summation is rounded up to whole working days according to general rules rounding.
Additional leave (for example, for work with an irregular working day or for work in the regions of the Far North and equivalent areas, in other cases established federal laws and collective agreement) employees under the age of 18 join the main paid leave lasting 31 calendar days.
Employees under the age of 18 (in the year of execution 18 years inclusive) have the right to use the leave at any time convenient for them. This circumstance should be taken into account when scheduling vacations. In addition, an employee under the age of 18 has the right to divide the vacation into parts.
Article 267 of the Labor Code establishes other features of granting holidays to employees under 18 years of age, such as the prohibition of not providing annual paid leave, the prohibition of recall from vacation, in accordance with part 3 of article 125 of the Labor Code, and also part 2 of article 126 of the Labor Code, it is prohibited to replace vacation with monetary compensation.
Another commentary on Art. 267 of the Labor Code of the Russian Federation
1. Article 267 of the Labor Code of the Russian Federation establishes the following features for granting holidays to employees under the age of 18:
- the right to an extended basic paid leave lasting 31 calendar days;
- the right to use the vacation at a convenient time for them.
2. All employees under the age of 18 have the right to a basic paid leave of 31 calendar days, regardless of the nature of their work and the characteristics of the employer.
The duration of the main paid leave is 31 calendar days. collective agreement or collective agreement Holidays of longer duration can be set.
The procedure for calculating the duration of leave for employees under 18 years of age is the same as for adult employees: it includes days off falling on the corresponding calendar period, and does not include non-working holidays. For the procedure for calculating the duration of vacation, see Art. 120 of the Labor Code of the Russian Federation and commentary to it.
3. Young employees enjoy the right to extended leave until they reach the age of 18. Therefore, in the working year when they turn 18 years old, the procedure for determining the duration of the vacation is as follows:
- for a period up to the month of execution of 18 years inclusive, vacation is calculated at the rate of 2.58 calendar days per month of work;
- for the remaining period of the working year - at the rate of 2.33 calendar days per month of work;
- the result obtained after summation is rounded up to whole working days according to the general rounding rules.
4. Additional vacations (for work with an irregular working day, in the regions of the Far North and areas equated to them, in other cases established by federal laws and a collective agreement) for employees under 18 years of age are added to the main paid vacation lasting 31 calendar days. For the procedure for granting additional holidays, see Art. Art. 116 - 120 and 321 of the Labor Code of the Russian Federation and comments on them.
5. Employees under the age of 18 (in the year of execution 18 years inclusive) have the right to use the leave at any time convenient for them. This circumstance should be taken into account when scheduling vacations.
An employee under the age of 18 has the right to divide the vacation into parts. On the division of vacation into parts, see Part 1 of Art. 125 of the Labor Code of the Russian Federation and commentary to it.
Read also: Can a woman with a child under 3 years old be fired?
6. In addition to those specified in Art. 267 of the Labor Code of the Russian Federation, there are other features of granting holidays to employees under the age of 18:
- the right to use leave for the first year of work before the expiration of six months of continuous work in the organization (paragraph 2, part 3, article 122 of the Labor Code of the Russian Federation);
- prohibition of non-provision of annual paid leave (part 4 of article 124 of the Labor Code of the Russian Federation);
- prohibition of recall from vacation (part 3 of article 125 of the Labor Code of the Russian Federation);
- prohibition of replacing vacation with monetary compensation (part 3 of article 126 of the Labor Code of the Russian Federation).
- ‹ Article 266 of the Labor Code of the Russian Federation. Medical examinations persons under the age of eighteen
- Up
- Article 268 of the Labor Code of the Russian Federation. Prohibition of direction to business trips, attraction to overtime work, work at night, on weekends and non-working holidays for employees under the age of eighteen ›
Article 267. Annual basic paid leave for employees under the age of eighteen.
Annual basic paid leave for employees under the age of eighteen is granted for 31 calendar days at a time convenient for them.
Comments on the article:
§ one. Unlike other employees, employees under the age of 18 are annually provided with extended leave, lasting at least 31 calendar days. Collective agreements and social partnership agreements, as well as an individual labor agreement with a person under the age of 18, may provide for minors and longer annual paid holidays, for example, 35-40 calendar days.
§ 2. The annual leave of 31 calendar days established by labor legislation is granted to all minor employees, including those employed part-time.
§ 3. It is not allowed to transfer the annual paid leave for an employee under 18 years of age to the next year. It must be provided annually (see Article 124 of the Labor Code and commentary thereto).
§ 4. An employee under the age of 18 can use annual paid leave at any time of the year convenient for him (by submitting an application to the employer). When scheduling holidays, the employer is obliged to ask employees under 18 when they want to use their holidays, and only after clarifying their desire to include them in the holiday schedule.
§ 5. It is forbidden to recall an employee under the age of 18 from vacation (see article 125 of the Labor Code and commentary thereto).
§6. It is forbidden to replace vacation with monetary compensation (see article 126 of the Labor Code and commentary to it).
§ 7. Additional holidays for employees under the age of eighteen and entitled to it are granted in addition to their extended annual leave in accordance with Art. 116 TK.
§ eight. Benefits and advantages for minors when they are granted annual basic paid leave are expressed not only in an increase in the duration of this leave, but also in the specifics of the procedure for granting it. So, if adult employees have the right to use leave for the first year of work after six months of their continuous work in this organization, then an employee under the age of 18 must be granted paid leave before the expiration of six months of continuous work at the request of a minor (Art. 122 TK).
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Leave for a child under 18
According to the Labor Code, leave for a child under 18 who works under an employment contract must be provided by the employer at any time convenient for him. And the duration of the annual paid leave for such persons is 31 calendar days (Article 267 of the Labor Code of the Russian Federation).
What does it mean? First of all, the fact that the condition of 6 months of continuous work with one employer, after which an ordinary employee has the right to leave (Article 122 of the Labor Code of the Russian Federation), does not apply to a minor employee. He has the right to write an application for vacation even after a month of work. Moreover, for all the 31 days of vacation due to him, regardless of how many vacation days he earned. The employer will have to meet him halfway, although it will probably be disadvantageous. Therefore, in such a situation, it makes sense for the employer to try to negotiate with the employee on breaking the vacation into parts, which is permissible under the Labor Code of the Russian Federation.
By the way, if such an employee under the age of 18 uses his right to early annual paid leave, takes it off completely, and does not work for his employer for a year, then upon dismissal, it will be possible to withhold unearned vacation pay from him. However, the amount of deductions in this case cannot exceed 20% of the payments that he will need to transfer in connection with the dismissal (Articles 137, 138 of the Labor Code of the Russian Federation).
Other "holiday" guarantees for underage workers
In addition to a longer vacation and the ability to use it at any time, other guarantees are provided for workers under the age of 18 in the Labor Code of the Russian Federation. So, the annual leave of a minor employee:
- cannot be carried over to the next year, for example, due to operational needs. That is, during the year the child must go on vacation without fail (Article 124 of the Labor Code of the Russian Federation);
- cannot be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation).
In addition to the above, such an employee cannot be recalled from the next vacation (Article 125 of the Labor Code of the Russian Federation).
If the leave is issued after the age of majority
Underage workers have the right to enjoy all the preferences that are provided for them by the Labor Code of the Russian Federation until they are 18 years old. But what if the employee was hired as a minor, and goes on vacation after he turns 18? Does he have the right to count on a vacation of 31 days in such a situation?
The Supreme Court once answered this question: the duration of an employee’s vacation should be determined “in proportion to the hours worked before and after coming of age” (paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).
Let's explain with an example. Suppose an employee worked in an organization for 8 months before coming of age, another 1 month after coming of age, and then must go on vacation. Then:
- for the period from the date of employment until the age of 18, the employee is entitled to leave of 20.67 days (31 days / 12 months x 8 months);
- for the period after the age of 18 until the first day of vacation - with a duration of 2.33 days (28 days / 12 months x 1 month).
Thus, an already adult employee must be granted leave for a total of 23 calendar days (20.67 days + 2.33 days).
If the vacation is not used in full before dismissal
Upon dismissal of a minor employee who did not use his right to leave, including partially, he must be paid compensation based on 2.58 days (31 days / 12 months) for each month he worked (Article 127 of the Labor Code of the Russian Federation) .
Every “adult” during his youth thought about the possibility of getting a part-time job and earning money by his own labor. The situation does not change even today: every independent teenager will always find an opportunity to earn extra money.
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This is especially true during the periods of summer and winter holidays, when schoolchildren and students are completely free from study. However, not everyone is familiar with the legislation on the labor of minors, which raises a number of questions: when you can work, how much, and for what salary.
Equally important is the issue of juvenile leave, the concept of which you will learn in the next article.
Normative base
The labor legislation of Russia governs all the rights and obligations of underage workers and their employers.
The duration of the leave of minors is established by Article 267 of the Labor Code of the Russian Federation: employees who have not reached the age of 18 are entitled to an annual paid leave of at least 31 days.
The legislation also provides for additional types of leave for minors of the Labor Code of the Russian Federation in the form of Article 116.
This legislative act provides for the opportunity to go on additional paid leave while maintaining the average earnings per month.
The introduction of such bills will allow a teenager to combine study and work: an additional vacation can be taken at the beginning of summer and allocate time to prepare for exams. At the same time, he does not lose his income and job vacancy.
Kinds
The next annual paid leave for minors is granted in the amount of 28 calendar days.
All this time, the employer is obliged to pay the minimum wage to the minor employee and guarantee him a free vacancy upon his return to work.
The legislation provides for only one paid vacation per working year (not to be confused with the calendar year).
It turns out that an employee who has got a job will not be able to go on paid leave without having worked for 6 calendar months in a row.
However, minors and pregnant employees are provided with benefits that allow them to take paid leave, regardless of the length of service.
Leave at your own expense can be taken in the following cases:
- up to 24 days if you did not use the main or additional leave at the previous place of work;
- if you need to complete a course of treatment or study;
- in case of death of relatives from 3 to 7 days;
- up to 30 days if you need to care for a sick relative.
In these cases, the teenager has the right to go on additional rest without receiving compensation for days not worked.
Also, by agreement with the employer, he has the right to request up to 15 unpaid vacation days per year.
According to the labor legislation of the Russian Federation, vacation for employees engaged in public works is provided in direct proportion to the number of days worked.
In addition, there are cases when a minor working in public works has the right to request paid leave at the end of the calendar, but not the working year.
Duration
Basic annual paid leave of 28 calendar days is granted to all employees.
However, pregnant, disabled, and underage employees are entitled to certain benefits when receiving leave: a teenager can go on paid leave, regardless of work experience.
If the labor legislation (Article 121 of the Labor Code) stipulates for everyone the condition of 6 months of continuous work in order to receive leave, then the minor has the right to receive it out of turn.
By agreement with the authorities, a teenager has the right to break his vacation into several parts and go to work for only a few days.
The work experience of 6 months includes the time of illness, stay on study leave, passing a medical examination, forced absenteeism and suspension from work.
Also, minors are entitled to, provided for as many as 31 calendar days. This duration is established by Article 267 of the Labor Code of Russia.
Also, the Labor Code of the Russian Federation provides for daily work norms of 5 hours for workers aged 14-16 years and no more than seven hours for seventeen-year-olds.
Such time frames of work require a lot of effort from underage workers who combine study and work, therefore, the duration of an extended vacation of 31 calendar days was introduced into the legislation.
Peculiarities
The procedure for granting leave for minors is regulated by the T-7 form, approved by the Decree of the State Statistics Committee of Russia.
The schedule is drawn up in the form of an A-4 size form and includes the following items:
- surname, name and patronymic of the minor employee;
- employee's position;
- name of the structural unit;
- the number of calendar days of vacation;
- date of subsequent leave.
In the column on the set date of the subsequent vacation, two dates are indicated: actual and planned.
Since going on vacation is necessarily agreed between the employer and the subordinate, the planned date implies only a month of vacation; the actual one contains more accurate information - the start and end dates of the vacation.
You can download the unified vacation schedule form here:
Documentation
Before agreeing with the employer on the duration and date of the vacation, a number of documents and a corresponding application should be prepared.
Information about the employee applying for leave is very similar to the criteria of the T-7 form: the form indicates the last name, first name and patronymic of the employee, his position in the enterprise and the name of the staff unit, as well as the features of calculating paid leave.
When making an application, you must adhere to the following example:
Sample Application You can download the application form here:
Payment
When a minor goes on paid leave, he has the right to receive vacation pay - the minimum payment for a working day.
To calculate earnings for 28 calendar days, you must use the formula: payments for the year / 12/30. With this formula, we will get the amount of the minimum earnings per day.
Example:
A 16-year-old employee who has worked at the enterprise for a year and received 5,000 rubles a month wants to know the amount of his vacation pay.
To do this, you need to divide his monthly salary by 30 days to get the average income per day: 5000/30= 166.7 rubles.
Using this formula, everyone can calculate the amount of vacation pay for 28 days of rest.
Frequently asked Questions
Is it possible to provide rest days outside the schedule?
In case of unforeseen situations, for example, the death or serious illness of relatives, the employer is obliged to provide the minor with leave of up to a week.
Also, a teenager has the right to additional unpaid leave if it is necessary to deal with studies or passing a medical examination.
Is it possible to combine unused vacations for several years?
According to the law, unused vacation provided each working year is added to the next vacation.
In this case, the teenager will have 56 days of paid leave, but once every two years.
Can a minor be recalled from vacation?
According to the third paragraph of Article 125 of the Labor Code of the Russian Federation, it is impossible to recall a minor employee from vacation.
Also, the employer does not have the right to replace parts of the holidays with paid or additional ones without the consent of the employee.
Is it possible to pay compensation for unused vacation days?
Leave is an integral part of any employment relationship - the right to it is one of the fundamental for all categories of workers, and minors, both aged 16 to 18 and younger, should also receive it in full. The legal regulation of issues related to the provision of holidays is disclosed in Chapter 19 of the Labor Code of the Russian Federation, as well as in Article 267 of Chapter 42 of the Labor Code of the Russian Federation, which establishes the procedure for granting minors additional leave.
In general, minors are entitled to the following categories of leave:
- Basic vacation. Its duration is 28 calendar days per year in general cases, but for minors it is set at 31 calendar days.
- Additional leave for minors under the Labor Code of the Russian Federation. This paid leave can be established on the direct initiative of the employer who wants to provide preferences to underage workers. At the same time, the establishment of such leave only in relation to minor employees is not considered discriminatory against other workers.
- Leave without pay. These holidays are provided to minors on a general basis, however, in an ultimatum form, they can demand them from the employer in various amounts while they are in training to pass and prepare for exams and perform other actions necessary for study.
Leave for employees under the age of 18 is provided in any organization to the same extent and on the same grounds as for all other categories of employees. They are not entitled to use the features and additional preferences provided for minors.
Peculiarities of juvenile leave and additional restrictions
The legislation provides for employers to have certain restrictions related to how exactly leave is granted to minors. In particular, the regulations Labor Code oblige the employer to provide mandatory leave to the said employees at their first request. Thus, several basic principles for granting vacations to ordinary employees are leveled:
- The term of work is 6 months. In the case of underage workers, they do not have to work 6 months in order to be entitled to use the leave, it is enough to work 11 calendar days.
- Scheduled vacation. The employer himself determines the procedure and time for the majority of employees to go on vacation, guided by their own considerations to ensure efficiency labor process and in consultation with workers and trade unions. However, in relation to minors, he is obliged to grant them leave on demand.
This requirement gives rise to a certain legal conflict. In particular, the employee has the right to demand a vacation at any time, but the employer is obliged to pay vacation pay no later than three days before the start of the vacation. Therefore, in order to grant leave to a minor, it should be provided in the employment contract or regulations enterprise, an appropriate condition that does not detract from the rights of the employee. For example, receiving vacation pay immediately at the time of notification of the desire to go on vacation.
Another restriction related to the leave of underage workers is a complete and absolute ban on employers to recall such workers from vacation, regardless of their consent and the grounds for such a recall.
In addition, employers are prohibited, regardless of the circumstances and the desire of employees, to replace vacations with monetary compensation for minors. However, if the leave was not used before the dismissal, then its monetary compensation is paid in the usual manner.
There are no restrictions on the division of a minor's leave into parts by law. The employee has the right to receive leave as and when he wants in any amount - the employer has no right to refuse to provide it in the case of minors, as well as to refuse to pay vacation pay.
How many vacation days are due to minors?
Granting leave to minor employees is fully disclosed in the Labor Code of the Russian Federation.
Young workers who have not reached the age of majority are entitled to compulsory rest and certain benefits.
Minors themselves, employers and personnel officers, since incorrect execution of documents is considered a violation of the rights of the contract and may entail administrative liability.
To find out about leave for minors, and how many days it lasts, you can refer to the Labor Code.
Any minor citizen of the Russian Federation can, at his own request, find a job, receiving a full salary for his work.
Many students want to spend their free time usefully, getting a job on legal grounds. According to the legislation of the Russian Federation, age does not affect the denial of employment to a teenager under the age of 18.
Having completed a certain amount of work, any worker has the right to rest, including minors. At the state level, minors are provided with benefits and guarantees regarding the duration labor day as well as holidays.
Many are interested in what is the duration of the annual paid leave of underage workers?
The legislative framework
The right to leave is an integral part of the employment relationship for all categories of workers, and adolescents should also receive it in full.
The procedure for granting additional leave and legal regulation questions are specified in Chap. 19 of the Labor Code of the Russian Federation and Art. 267 ch. 42 of the Labor Code of the Russian Federation.
By law, a teenager has the right to get a job at the age of 14. According to Art. 267 of the Labor Code of the Russian Federation, the employer is obliged to provide him with a number of benefits for duration:
- labor day;
- annual basic rest and the rules for its provision;
- additional paid vacation.
Minors are entitled to the following types of leave:
In any organization, leave for minors is granted on the same grounds and to the same extent as for other categories of employees. They are not entitled to additional preferences and features.
According to Art. 121 of the Labor Code of the Russian Federation, an employee under the age of 18 has the right to go on basic leave, regardless of the length of service, and also to break it into parts.
They are required by law to work no more than 7 hours before the age of 18, and no more than 5 hours if they are 14-16 years old.
The legislation provides for the specifics of the position of employees under 18 years of age. Since they need not only money, but also education, they have an additional rest of up to 24 calendar days, provided for the preparation and passing of exams.
The employer must not only pay him a salary in minimum size for this period, but also to guarantee upon arrival back the reserved seat.
There is also unpaid leave, which can be provided in the event of:
- death of loved ones - up to 7 days;
- the need to care for a sick relative - up to 30 days.
By law, teenagers are also required to:
- take a vacation of up to 24 days at your own expense;
- be absent from work on the occasion of treatment or study.
Vacation Features and Additional Restrictions
The legislation has established some restrictions for employers, which are related to how exactly leave should be granted to employees who have not reached the age of majority.
Thus, according to the norms of the Labor Code, the employer must, without fail, provide leave to minor employees at their first request.
- Work within 6 months. Underage citizens do not have to work for six months to be entitled to leave; for this category of persons, it is enough to work 11 days.
- Schedule vacation. For the majority of employees, the time for going on vacation is set by the employer, guided by ensuring the efficiency of the labor process. Leave for minors must be provided upon request.
At any time, the employee has the right to demand that he be given a certain number of vacation days, and the employer must pay him vacation pay no later than 3 days before the start of the vacation.
In cases with minors, conditions should be specified in the employment contract that do not detract from the rights of the employee, for example, receiving vacation money at the time of notification of your desire to go on vacation.
Compensation for unused vacation
Another restriction associated with the leave of minors is that employers are prohibited from recalling their workers from leave. In addition, regardless of the wishes of employees and circumstances, employers are prohibited from replacing vacation with monetary compensation.
However, compensation for unused leave to a minor upon dismissal is paid in the usual manner.
An adult worker may cash for unused days of annual rest on hand. With regard to adolescents, it is strictly forbidden by law to compensate for unused days in monetary terms.
The exception is the transfer to a later time of unused days, but not more than 2 years.
The legislation also does not provide for a restriction on the division of vacation into parts. A minor employee has the right to take vacation whenever he wants, the employer does not have the right to refuse him, as well as refuse to pay vacation funds.
Registration and payment of juvenile leave in 2019
Registration of leave for employees under 18 years of age is carried out in general order. The employer must include the leave of a minor in the vacation schedule adopted by the enterprise, despite the right of such an employee to leave at his own request at any time.
To go on vacation, the employer is provided with an application from a minor. If the vacation is carried out according to the schedule, the employee receives a notification.
Holiday pay requires the accounting department to calculate the average daily salary of an employee for hours worked, taking into account allowances and bonuses.
Calculation formula: the amount of compensation is equal to the level of wages for the day, multiplied by the duration of the weekend that was not used.
A teenager has the right to leave, depending on the conditions prescribed in the schedule of the employer. Before the end of the working year, the head of the organization, together with the employees, fills out a schedule in the T-7 form for the new year.
It records the planned month of vacation for each employee, and the duration of the vacation, with a specific start and end date.
The procedure for issuing leave for a minor employee:
- an application is written indicating the duration of the vacation;
- data is entered into the chart;
- 3 days in advance, the manager provides a notice;
- the employer calculates the pay.
Sample Application
The application is written one week before the start of the vacation. In order to correctly draw up a statement, you should write it to the name of the head. In the upper right corner, the full name and position of the head and the applicant, as well as the full name of the organization are indicated.
The word “Application” is written in the central part of the document and the planned vacation date and its duration are indicated. The application must be dated and signed at the end.
Having completed all the documents and received the signature of the head, the minor employee can legal grounds go on vacation.
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