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The division of vacation into parts of the labor code. Vacation period

Is the Labor Code of the Russian Federation allowed to divide the vacation into parts. Is it possible to divide the vacation into two parts

Is it allowed to divide the vacation into parts, it is clearly indicated in Part 1 of Art. 125 of the Labor Code of the Russian Federation: this is possible by agreement of the parties labor relations. In addition, the Labor Code of the Russian Federation on the division of vacation into parts states that one part of the annual vacation must be at least 14 days.

More detailed information contained in by-laws, in particular in the letter of Rostrud dated July 17, 2009 No. 2143-6-1.

According to him:

vacation can be divided into any number of parts: 2 days, 5, 8, the main thing is that one part is 14 days or more and that the parties reach mutual agreement on this issue;
the head does not have the independent right to divide the vacation into several parts and demand the execution of this decision from the subordinate.

Conclusion! Thus, the question of whether the vacation can be divided into 2 parts can be given an unequivocal affirmative answer.

What types of vacation can be shared and what can not

Important! The possibility of dividing a vacation into several parts applies only to situations of annual rest (basic and additional), provided in accordance with Art. 114 of the Labor Code of the Russian Federation, subject to the above exceptions.

This rule does not apply to other types of leave:

Administrative (unpaid leave) leave is granted only when necessary and for a period agreed by the parties to the employment relationship.
AT study leave the employee leaves on the basis of a certificate-call, which indicates the periods of the session. Accordingly, the duration of the leave and the moment of its granting are clearly defined, the leave is not divided into parts (see, for example, the ruling of the Moscow City Court of February 10, 2012 in case No. 33-409).
Parental leave has a time limit: it can be granted until the child reaches 3 years of age. Until this day (the 3rd anniversary of the child), the employee has the right to go to work and return back to the specified vacation.

There are no other types of leave provided by labor legislation.

How vacation is divided: documenting

Registration of each vacation period of the employee takes place in accordance with the provisions of Art. 122, 123 of the Labor Code of the Russian Federation.

In practice, vacation is most often divided into 2 parts: the worker is granted 14 days every six months. This is documented by a separate application of the employee or by filling in the appropriate column in the "vacation" documents (for example, the vacation schedule, the order of the head to grant leave, etc.).

Since Rostrud does not approve of excessive splitting of vacation, as indicated in the same letter No. 2143-6-1, when dividing vacation into periods shorter than 2 parts, it is recommended that written consent(application) for this employee.

Everything else is done in the standard way:

Until December 17 of the current year, a vacation schedule is approved, which the organization will follow in the next calendar year.
2 weeks before the start of the vacation period, the employee is warned about the imminent vacation. The procedure for such notification is determined by the employer independently. For example, this can be an introductory sheet, a statement or a T-7 form supplemented with the appropriate columns, in which the employee’s signature is affixed (letter of Rostrud dated July 30, 2014 No. 1693-6-1).
Information about vacation, etc. is entered into the personal card of the T-2 employee.

It is also allowed to divide into parts additional days of annual rest provided in accordance with Art. 116 of the Labor Code of the Russian Federation. The will of the employee to this must also be in writing.

Important! If the employee expressed a desire to divide the vacation by transferring part of it to another time, the employer may refuse to transfer it to him (appeal ruling of the St. Petersburg City Court dated March 29, 2016 No.).

Application for division of vacation into parts: sample

So, when deciding to divide the vacation into several parts, the worker writes a statement in which he indicates:

addressee (position and full name of the head of the organization);
a request to provide parts of the vacation in specifically specified periods;
date and signature of the applicant.

Since vacation days also include general weekends, Saturday and Sunday, an employee who decides to exercise the right to divide the vacation into parts can write an application that indicates the dates of only working days. For example: "I ask you to provide annual leave from 09/02/2019 to 09/06/2019."

Then, in fact, he will stay on vacation for 5 days, on 07.09 and 08.09 he will rest on general rules, and on Monday 09.09 will go to work.

Important! The application must be endorsed by the management, otherwise the employee's absence may be regarded as absenteeism (appeal ruling of the Stavropol Regional Court dated July 21, 2015 in case No. 33-4352 / 2015).

Is it possible to transfer part of the vacation to the next year

What you need to pay attention to when dividing a vacation into parts:

The countdown of the length of service for the emergence of the right to annual rest begins from the day you start working in this organization, and not from 01.01. Accordingly, if a person got a job in February or March of the current year, he can take a full vacation or part of it at the end of the same year, as soon as 6 months of experience are gained.
If an employee took part of the vacation in the current year, another part of it can be transferred to the next calendar year and either provided separately or added to the future vacation.
An employee who has worked for a year must go on vacation within 24 months after the end of the working year. It is impossible to transfer and accumulate days of rest further.

And for those employed in harmful (dangerous) work and minors, Part 4 of Art. 124 of the Labor Code of the Russian Federation establishes a rule on mandatory vacation within 12 months after the end of the working year.

So, since vacation is granted in calendar days, it can be granted in different calendar years. Greater value in this case, it has a working year, the countdown of which starts from the day the employment relationship began.

Important! If, as a result of the transfer of a part of the vacation and its addition to a new vacation, the employee has more than 28 days, it is impossible to replace the days exceeding them with monetary compensation.

In what situations is it possible to extend the vacation

On a divided vacation, you can exercise the right provided for in Art. 124 of the Labor Code of the Russian Federation, for the extension of the days of annual rest.

As stated in this rule, vacation can be extended if the employee:

was on sick leave;
performed public/state duties.

Note! According to labor legislation, the right to extend the vacation appears in the event of illness of the employee himself during his annual vacation. If a child or another family member falls ill, he can demand a postponement of the date of going to work only if this situation is indicated in the local act of the enterprise (letter of Rostrud dated 06/01/2012 No. PG / 4629-6-1).

An illness of a child is not an independent basis for extending leave under the Labor Code of the Russian Federation (decision of the Supreme Court of the Russian Federation dated 03.12.2012 No. AKPI12-1459).

Public duties include participation in the election commission, military training, etc.

The specified list is not closed, the employer may provide other grounds for extending the leave.

Thus, the division of vacation into parts is the right of the parties to the employment relationship, and they can use it only by mutual agreement.

Part of the vacation can be granted in the next calendar year, the actual working year has legal significance here.

The transfer of days of annual rest with the approved vacation schedule occurs by mutual decision of the employer and employee, and in some cases - by decision of one of the parties.

Has the right to leave. It, by agreement of the parties, can be divided into a certain number of parts.

This is guaranteed by the provision of article 125 of the Labor Code of the Russian Federation, which clearly states that it is permissible to split the annual paid leave, but with the proviso that one of the parts cannot be less than 14 days.

Is it possible to divide the next vacation and into what parts?

In order for the rest to be divided, a number of conditions must be met:

Consent must be given by both the employer and the employee.
The duration of one of the parts is not subject to change (see above).
This procedure requires the approval of the administrative top of the organization.

Before the request is recorded in the application, you should know what types of vacations are generally prone to fragmentation. Let's look at the division of vacation into parts in different specific cases in more detail.

Annual paid vacation

Annual paid leave can be divided into parts, as well as. As a matter of fact, the division of annual paid leave into parts is fixed in the previously mentioned article of the Labor Code of the Russian Federation.

study leave

If we refer to the classification of types of leave, then it refers to the target ones, which are provided for the implementation of specific tasks.

The basis for its receipt is the relevant document - a reference-call.

This document comes to the organization from educational institution where the employee is studying.

Since it specifies specific dates, there can be no talk of any division. Leave is granted only for the period specified in the call certificate.

Without pay

Such a “division” is initially meaningless, since it is determined by agreement of the parties. And it is impossible to share what does not exist.

Another thing is that an employee may leave several times during the year for various reasons. But it is not possible to share it.

IMPORTANT. Only annual paid leave can be divided into parts. Any other, whether targeted or unpaid, cannot be divided. And, for the most part, it is inappropriate in its essence.

Consent of the parties

Does the employer have the right to share the vacation without the consent of the employee? Even at the very beginning of the article, it was noted that vacation sharing is a contractual procedure. In other words: just as an employee cannot divide his vacation without the permission of the employer, so the employer does not have the right to arbitrarily break it.

ATTENTION. The employer is not obliged to agree to the division of the leave. After all, in many ways, this is the privilege of a few, and not the exclusive right of everyone. And the employee must take this into account. Especially if you can't reach an agreement.

Vacation splitting: how many parts can it be? We have already mentioned the mandatory part of the vacation, the presence of which is mandatory for any employee during the vacation. But what can we do with the remaining 14 days at our disposal (if we take into account that the main vacation is 28 days)? The answer is simple: share them as much as you like.

How to correctly calculate vacation days,.

The Labor Code of the Russian Federation does not impose restrictions on this matter. The only condition: minimum time period – 1 day. This is obvious, but some employees skip this point.

IMPORTANT. Available 14 days can be divided as you like. And split into 14 gaps, and into two, etc. As long as the employer agrees to it all.

Now that we have dealt with the question: “Can an employer divide a vacation without the consent of an employee?” Let's consider how to take vacation in installments, what documents need to be prepared?

vacation division procedure

Only by agreement with the employer can the employee divide his vacation. This clearly follows from the provisions of Article 125 of the Labor Code of the Russian Federation.

But how should this consent be obtained by the employee? There is not a word about the form of such consent in the code itself.

Guided by common sense and legal norms, two possible forms can be distinguished, which will be described in detail below.

Oral

Between the employee and the employer is something like a verbal agreement guaranteeing the employee the fulfillment of his request. True, this is possible mainly in small enterprises, when maintaining unnecessary documentation is impractical for many reasons. In other cases best solution will be the second form.

Written

The employee can state the essence of his request in a statement addressed to the head. The scale of the problem allows you to save on paper, that is, instead of A4 paper, you can use A5. And with the details of the form of difficulties is unlikely to arise. All you need is:

addressee (head);
addresser - sender (employee, indicating the position (profession));
name of the type of document (application);
text;
signature.

IMPORTANT. In the text of the application, it is not necessary to explain what caused the desire to divide the rest into parts. But it’s better to do it anyway, since the employer can satisfy the request if the desire to go for crushing is caused by objective reasons. Whereas purely personal motives can be ignored.

The picture below shows a sample application for the division of vacation into parts:

Adding crushed vacation to the schedule

It will not be difficult for the personnel service to make an appropriate entry that the rest is divided into parts. This will require in the column "quantity calendar days vacation "indicate the number of numbers corresponding to the parts, and in the column "planned vacation date" indicate opposite the date of its start. More detailed information about changing the vacation schedule is presented.

So the entry might look like this:

13 14.05.2015;
12 17.08.2015;
3 29.12.2015;
(parts of vacation) (dates of their start.

REFERENCE. By dividing the days of rest into the appropriate number of parts, the employee has the right to go on vacation according to the dates reflected in the vacation schedule. If necessary, the dates can be changed again. If it succeeds.

If you need to extend your vacation, and you don’t know how holidays are taken into account, read this.

Conclusion

Dividing a vacation into parts is not such a complicated procedure as it might seem at first glance. Each employee is able to share his vacation. Therefore, if the need arises, it is worth referring to this article, since the necessary amount of information is fully presented here.

M. A. Moseychuk

In accordance with Art. 125 of the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation), by agreement between the employee and the employer, annual paid leave can be divided into parts. In this case, the division of vacation is allowed, provided that at least one of the parts of this vacation was at least 14 calendar days. According to established practice, an agreement on the division of vacation is reached between the employee and the employer when preparing the vacation schedule. Based on the requirements of Art. 123 of the Labor Code of the Russian Federation, the schedule should be formed in each of the organizations. The schedule must be approved by the employer no later than 2 weeks before the next calendar year.

Based on the norms of labor legislation, the employer does not have the right to insist that the employee divide his vacation into parts. He has the right to offer this, but nothing more. For his part, the employee has the right to write a statement stating that he wants to use his vacation for the coming working year not in full, but in parts. The administration is obliged to consider such an application and make an appropriate decision. However, the administration has the right to refuse to divide the vacation into parts, but with the rationale for the decision made. Exceptions are cases specifically provided for by applicable law. According to Art. 123 of the Labor Code of the Russian Federation to certain categories of workers in cases provided for by the Labor Code of the Russian Federation and federal laws, annual paid leave should be provided at their request at a convenient time for them. Based on the above provisions, it can be argued that the employer is also obliged to take into account the desire of employees to divide the vacation into parts.

Thus, in most cases, the division of vacation into parts is possible only with the consent of both parties to the employment relationship. The employee has the right to disagree with the administration's requirement to use the vacation in parts, and the administration has the right to insist that the employee use the vacation in full.

In practice, there are cases when employers provide annual leave only if the employee actually works out the relevant periods (usually 6 months). For example, an employee worked 6 months in his working year, received 14 calendar days of vacation, worked another 6 months - received the remaining 14 calendar days of vacation. This is how employers solve the problem of vacations provided in advance, when in the event of dismissal before the end of the year in which the vacation was already used in full, the administration has to resolve issues with the production of deductions for unworked vacation days.

Such actions of the administration are illegal. Employees, for their part, have the right to insist on the provision of leave at a time (and not in installments), and starting from the second working year - at the time established by the vacation schedule (including in advance). Recall also that in the first working year, leave is granted to an employee only if the first 6 months have elapsed. continuous work. Only with the consent of the administration, leave can be used before the expiration of the 6-month period of work.

If the organization provides leave only on condition that the employees actually work out the corresponding working year, the actions of the employer and (or) other authorized officials may be appealed to the commission on labor disputes and/or in court. In addition, the forces of the labor inspectorate may be involved to protect the interests of employees.

It should also be borne in mind that the interests of employees in determining the order in which vacations are granted and specific periods of their use should be protected by trade union bodies or other authorized representatives of labor collectives. As follows from Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization. This means the following. The draft vacation schedule and the rationale for it must be submitted to the trade union body before it is approved. Within 5 working days, the generated document is considered by the trade union, and a written reasoned opinion. If the trade union body does not agree with the draft schedule, the employer is obliged to conduct additional consultations. In the event that not all disagreements are overcome, the employer has the right to approve the vacation schedule in the version that it deems necessary. However, such a document may be appealed to the relevant state inspection labor or in court. The trade union body may also initiate a collective labor dispute.

The labor inspectorate, after receiving a complaint (application) about the employer's acceptance of the vacation schedule without taking into account the opinion of the elected body of the primary trade union organization, is obliged to conduct an inspection within a month. In case of violations, the inspection has the right to issue an order to cancel the decision made by the employer. Such an order is binding. The relevant provisions are contained in Art. 372 of the Labor Code of the Russian Federation.

In no case shall unauthorized use of paid holidays by installments by an employee is allowed. If the employer does not agree with the division of the vacation into parts or there are disagreements regarding the duration of the vacation parts, the employee must be guided exclusively by the approved vacation schedule. As soon as an employee independently uses vacation days without the consent of the administration, he may be dismissed under subpara. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation "for absenteeism." This is confirmed by the provisions of paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. Currently this document is applied in the wording of the amendments introduced by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 28, 2006 No. 63.

Options for dividing the vacation into parts

Article 125 of the Labor Code of the Russian Federation defines only one requirement for the procedure for dividing vacation into parts - one of the parts of the vacation must be at least 14 calendar days.

The remaining parts can be of different duration, even for one calendar day.

Share can be both basic and any additional holidays. At the same time, the requirement that one of the parts of the vacation be at least 14 calendar days applies to paid vacation as a whole, which consists of the main and additional ones. The current legislation does not provide for the division into parts of study holidays.

Based on the foregoing, the main annual paid leave of 28 calendar days can be “split” as 14 + 14; 14 + 13 + 1; 14 + 12 + 2; 14 + 12 + 1 + 1 etc.

When forming a vacation schedule, it is not recommended to provide for the division of vacation into a significant number of parts. In any case, changes may be made to the originally approved vacation schedule. During the year, the employee has the right to reach an agreement with the administration of the organization on the allocation of three, four or more parts.

Recall that type form vacation schedule (f. No. T-7) was approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On Approval unified forms primary accounting documentation on the accounting of labor and its payment. Since 2013, this form has been applied, provided that the organization determines this by its accounting policy for accounting purposes. Changes in the originally agreed terms for the use of vacation are reflected in columns 8 and 9 of the schedule.

Since any of the parts provided are included in the duration of the vacation, each of them must be issued in a separate written order (order). For these purposes, standard forms No. T-6 “Order (order) on granting leave to an employee” and (or) No. T-6a “Order (order) on granting leave to employees” are intended. Form No. T-6a is used when the provision of paid leave to several employees is issued on the same day.

Guidelines for determining the duration of the granted parts of the leave can serve as the provisions of Recommendation No. 47 international organization labor "On annual paid holidays" (adopted in Geneva on June 24, 1936). The provisions of the Recommendations are based on Convention No. 52 of the International Labor Organization "Regarding annual holidays with pay".

As stated in the Recommendations, “in special cases, it is desirable to provide for a breakdown of holidays, but such special measures should be avoided to be contrary to the purpose of the holiday, which is intended to enable the worker to restore his physical and mental strength expended during the year. . In other cases, with the exception of absolutely extraordinary circumstances, the breakdown of leave should be limited to distributing it into no more than two parts, one of which cannot be the established minimum.

As follows from the above, the most preferable is the division of the standard 28-day vacation into two parts - 14 + 14. However, Russian legislation allows division annual leave and more than two parts.

Crushing into a large number of vacation parts will require additional labor costs. How many parts the vacation will be divided into, so many notes of calculations on granting leave to the employee (standard form No. T-60) must be drawn up. The use of vacation parts must be recorded personnel workers marks in the vacation schedule. Marks in the time sheets (ff. No. T-12 or No. T-13) are issued by authorized persons structural divisions, and the marks in the personal card (f. No. T-2) - by employees of the personnel department. And the corresponding records are made out for each part of the vacation.

We should not forget the requirements of Art. 136 of the Labor Code of the Russian Federation that payment for vacation must be made no later than 3 days before it starts. This rule applies to any part of the vacation, and therefore, "advance" calculations should be carried out for each of the parts of the vacation (even for a separately provided one calendar day of vacation).

The employee must be notified against signature of the start time of the vacation (even one-day) no later than 2 weeks before it starts. These are the requirements of Art. 123 of the Labor Code of the Russian Federation. This point should also not be overlooked when deciding to split the vacation into a certain number of parts.

If the employer ignored the above requirements on the timing of the calculation of vacation pay and (or) on the period of warning the employee about the start of the vacation, then he violated the requirements of labor legislation. Currently, such violations may entail the imposition of an administrative fine on officials of the organization in the amount of 1,000 to 5,000 rubles, and on the organization - an administrative fine in the amount of 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. If a executive previously brought to administrative responsibility for a similar violation, it may be subject to disqualification for a period of 1 to 3 years. The relevant provisions are enshrined in Art. 5.27 of the Code of the Russian Federation on Administrative Offenses.

Recall that disqualification consists in the deprivation of the corresponding individual occupy leadership positions in executive body management of a legal entity, be a member of the board of directors (supervisory board), entrepreneurial activity management legal entity, as well as manage the legal entity in other cases provided for by the legislation of the Russian Federation.

Untimely payment of "vacation pay" (even for a one-day vacation) also entails the obligatory payment by the employer provided for in Art. 236 of the Labor Code of the Russian Federation monetary compensation in the amount of not less than 1/300 of the refinancing rate Central Bank Russian Federation. Since April 29, 2008, the refinancing rate has been 10.5% per annum.

On the possibility of fixing the procedure for granting parts of vacation in a collective agreement and (or) a local regulatory act

In accordance with the Labor Code of the Russian Federation, a significant number of issues of the organization have the right to resolve at their level, fixing the relevant provisions in the collective agreement, local regulations (internal labor regulations, etc.) or directly in individual labor contracts.

With regard to the division of leave into parts, the consolidation in these documents of provisions indicating a certain number of parts of the leave and (or) the specific duration of the parts of the leave provided, seems unlawful. If the organization unambiguously determines the number of parts of the vacation provided and (or) the duration of the vacation parts provided, this will be contrary to the provisions of Art. 125 of the Labor Code of the Russian Federation. The only rule that can be reproduced in documents adopted at the organization level is that one of the parts of the leave provided must be at least 14 calendar days.

This is indirectly confirmed by the provisions of the current industry agreements.

None of them contains provisions that would indicate the need to divide the vacation into a strictly defined number of vacation parts and (or) a specific duration of vacation parts.

But the procedure for dividing the vacation into parts, submitting the relevant documents (the employee's statement, his movement) and making a decision in the documents in question can be completely determined.

Issues of granting vacation days associated with a day off or a holiday

In practice, there are cases when an employee submits an application to the employer for granting him vacation days following before or immediately after a weekend and (or) non-working holiday. For example, an employee submits an application for leave on Friday and Monday, while demanding that only two working days, Friday and Monday, be counted towards annual leave. Or, at the request of the employee, leave is granted from Monday to Friday for a duration of 5 days, although in fact he will be able to take 7 calendar days off.

In such cases, it is necessary to require the employee to indicate in the application the number of vacation days used by him. If the application indicates 2 days of vacation (i.e. Friday and Monday), then 2 calendar days of vacation must be paid. If the application contains a request to provide 4 calendar days of vacation, 4 days must be paid.

It seems that the first option is much more profitable for the employee, and in a number of cases (subject to a 5-day working week) will not affect the production (economic) process. In fact, using 1 and (or) 2 calendar days of vacation, the employee can automatically increase the duration of his vacation to 56 or even more calendar days. However, this is not against the rules. current legislation. The only rule that must be observed in this case is that only the days indicated in the employee's application as calendar days of vacation are subject to payment.

Along with this, for the organization, the frequent provision of fragmented vacations is not beneficial. Leave automatically increases, which will certainly require additional efforts to replace one or another employee. Yes, and constant going on vacation can affect the working tone.

Payment for vacation parts

If the vacation is divided into parts, each of them is paid in the amount of average earnings, which must be calculated again. How many vacation parts are provided to the employee, so many times average earnings and have to count.

This is also a negative factor, especially since in the situation under consideration, the billing period will most likely not be fully worked out and its duration will have to be calculated for each of the months.

The average earnings are calculated in accordance with the provisions of Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of December 24, 2007 No. 922. This Decree approved the Regulation on the features of the procedure for calculating the average wage (hereinafter referred to as the Regulation on the calculation of average earnings).

The first part of the vacation is paid based on whether the billing period has been fully worked out or not.

Example 1
Suppose that an employee of the organization from May 13, 2013 was provided with the firstpart of the annual paid leave of 14 calendar days.

operating in the organization collective agreement and local regulations, the use of a special calculation for the calculation of average earningsno period provided. In this regard, the calculation of the average earnings per vacationmust be produced within the 12 calendar months preceding May 2013,namely, for the period from May 1, 2012 to April 30, 2013.

In the billing period, the employee worked out the entire norm of working time, and whenAt the same time, the amount of payments taken into account when calculating the average earnings amounted toRUB 145,000

The value of the average daily earnings to pay for vacation will be 411 rubles.(145,000 rubles / 12 months / 29.4 days), and the amount of average earnings per vacation is 5,754 rubles.(411 rub.× × 14 calendar days of vacation).

When paying for the following parts of the vacation, it is necessary to take into account the rules for calculating average earnings with an incompletely worked out billing period.

In accordance with paragraph 10 of the Regulations on the calculation of average earnings, the number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of this month and multiplying by the number of calendar days falling on the time worked in this month.

Example 2
Let's use the conditions of example 1 and assume that 7 calendar daysholidays are granted to the employee from 22 to 28 July 2013 inclusive.

To calculate the average earnings for the specified part of the vacation, the calculation period from July 1, 2012 to June 30, 2013 should be used. In this calculationperiod, May 2013 was not fully worked out, and all other months were worked outfully.

In May, the employee was on vacation from the 13th to the 26th inclusive. When calculatingaverage earnings for a vacation for a given month should be taken as 16.12 calendar days (29.4 / 31 calendar days in May× 17 calendar days fallingfor hours worked, namely for the period from 1 to 12 and from 27 to 31).

In total, 339.52 calendar days should be accepted for the billing period(11 months fully worked× 29.4 + 16.12 calendar days for incompletecompleted May).

Suppose that the amount of payments taken into account when calculating the average earningsfor the accepted billing period amounted to 136,700 rubles.

The value of the average daily earnings to pay for vacation will be 402 rubles.62 kop. (136,700 rubles / 339.52 calendar days), and the amount of average earnings for a vacation is 2,818 rubles. 34 kop. (402 rubles 62 kop.× 7 calendar days of vacation).

Industry features of the division of vacation into parts

Separate regulatory legal acts contain special rules for dividing annual paid leave into parts, which must be taken into account by the administration and the employees themselves.

For example, in customs authorities vacation for employees can only be divided into two parts, i.e. either in full or in two parts of any duration each. The relevant provisions are contained in Art. 36 federal law dated July 21, 1997 No. 114-FZ “On service in the customs authorities of the Russian Federation”. However, the above rule applies only to employees and not to civilian personnel.

Only two parts of the vacation can be divided in prosecution authorities in relation to prosecutors and investigators, scientific and teaching staff(Clause 2, Article 41.4 of the Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation").

The two-part leave rule applies to employees as well. bodieson control over the circulation of narcotic drugs and psychotropic substances. Moreover, each part must be at least 14 calendar days (clause 109 of the Decree of the President of the Russian Federation of June 5, 2003 No. 613).

In the system of Russian railways» when the employee divides the annual paid leave into parts, material assistance is paid when one of the parts of the leave is provided. At the same time, this payment should be made when providing that part of the vacation that the employee chooses himself. He will only need an application for the provision of one of the parts of the vacation. The relevant rules are enshrined in clause 4 of the Regulations approved by the order of Russian Railways OJSC dated October 13, 2004 No. 3437r.

The procedure for dividing the vacation into parts for public civil servants enshrined in Art. 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State civil service Russian Federation". However, it differs somewhat from the above rules of Art. 125 of the Labor Code of the Russian Federation. In parts, leave is granted by decision of the representative of the employer, taken on the basis of the application of the employee, and the duration of one part of the leave should not be less than 14 calendar days. However, in agreement with the management, the vacation may be divided into parts of a shorter duration. This is what the provisions under consideration differ from the norms of the Labor Code of the Russian Federation.

In the case of dividing the annual paid leave into parts, material assistance to civil servants can be paid only once when any part of the leave is provided at the request of the employee himself. Similar rules apply to a one-time vacation payment, the amount of which is 2 monthly salaries.

At the same time, it should be borne in mind that certain ministries and departments have adopted a procedure according to which financial assistance and (or) a lump sum payment is paid when providing a part of the vacation, the duration of which is at least 14 calendar days, in others - when providing the first part of the vacation.

Also on this topic.

The shortest duration of annual labor leave is established by the Labor Code of the Russian Federation (Article 115) within 28 days (calendar). The specified period may be provided to a working citizen in whole or in part. The division of time for rest in parts is permissible both if there is a desire of the citizen himself, and at the initiative of the enterprise management.

In what cases and how is annual leave split up

In the Russian Federation, the Labor Code defines the minimum allowable duration of annual leave, and its maximum duration is determined by the internal documents of the organization.

But consent to a period of rest in full on the part of the employer is sometimes impossible due to various production situations, the urgency of the work assignment, or in a situation of shortage of workers. Also, some of the employees prefer to use their free time in shares, resting several times and in different seasons throughout the calendar year.

Labor leave is due to those who have worked in the company for at least 6 months (Article 122 of the Labor Code of the Russian Federation), with the exception of certain categories of employees:

pregnant workers applying for exemption from work in connection with childbirth, pregnancy;
employees who started work due to the completion of maternity leave;
adoptive parents, if the age of the adopted child is less than 3 months;
underage workers.

When dividing the employee's rest time into parts, the requirement of the Labor Code of the Russian Federation (Article 125) should be taken into account, according to which the duration of at least one of their parts should not be less than 2 weeks (14 days). The remaining time can be divided at will and agreement of the parties, their minimum duration is not regulated by law.

It is important to take into account that the division of vacation time into very short shares (1 day, 2 days, 3 days) can be unprofitable both for the citizens themselves and for the enterprise. A short time period does not provide the worker with the opportunity to have a good rest and recuperation.

For an enterprise, the splitting of a period free from work complicates the calculation of vacation pay. With a partial vacation, days off may not be taken into account (do not fall into it), which leads to an actual increase in rest time.

Important! The best solution is to divide the entire rest period into two parts of 14 days. With other options for splitting, it is important to take into account the obligatory observance of the duration of 14 days in at least one of the parts of the leave, especially in the case of early recall of the worker to work.

For example, an employee used 1 week of rest in different months, and in the next period wished to rest on the remaining days (14 days). In the last period, if problematic production situations arise that require the presence of a specific employee, the latter cannot be recalled to work ahead of schedule even if written consent is received from him (Article 125 of the Labor Code of the Russian Federation), without violating the requirement of the law on the 14-day duration of rest time.

It is not allowed to split some types of holidays:

educational, since it is of a targeted nature and is provided for a specific time period indicated in a special document (certificate-call);
unpaid, because during the requested period the employee is not saved wage, and its duration is determined as a result of the agreement of the parties;
child, also related to the target period of release from work.

How is the splitting of the period for rest coordinated and formalized?

The procedure for dividing free time from work concerns not only the period of the next labor leave, but also extra days. Any agreements should be made in writing in order to avoid possible disagreements between the parties to the employment agreement.

Stage 1. Application. An employee can independently draw up a statement addressed to the management of the organization about his intention to use the period for rest in several parts. This method is convenient for companies with a small number of employees. The employer is not obliged to satisfy the received application. It is obligatory for the parties to reach an agreement on the issue of the division of the leave.

The Labor Code does not provide for restrictions for a citizen when choosing periods for rest. As the requested days in the application, only working days, working days and days off together, days off can be indicated. Therefore, the actual duration of the vacation may vary. But the constant transfer of vacation to weekends can cause questions for inspection structures.

Stage 2. Order. In case of consent, the head puts a permissive visa on the application. Next, an order is drawn up on vacation or on its division.

Stage 3. Accounting. Information is transferred to the accounting department for calculating the cash payments due to the employee and to the personnel department for putting marks on the employee’s personal card and on the time sheet. The actual dates are entered in the vacation schedule of employees, the basis for determining rest days is indicated. In organizations with a large number of employees, it will be more convenient to use the schedule of rest days compiled by the administration for each employee.

Stage 4. Consent. After reading the document, employees must put their own signature, thereby expressing agreement with the proposed schedule.

Note! Employer attempts to split half vacation for small stretches without the consent of the worker are not recognized as legal as worsening working conditions (Article 8 of the Labor Code of the Russian Federation). The division of the period for rest into small parts, falling exclusively on weekends, is also recognized as illegal. Given time is considered non-working and cannot replace vacation time (Articles 21, 107 of the Labor Code of the Russian Federation). Public holidays are also classified as weekends in the Russian Federation (Article 112 of the Labor Code of the Russian Federation).

An example of an application for splitting a vacation

to CEO
Snezhinka LLP
A.V. Sergeev
from an ICU specialist
A.S. Lyutikova

statement.

By family circumstances(treatment of parents, study of children) I ask you to share what is due to me labor leave for 2017 into four parts:

3 days from January 23, 2017;
15 days from March 13, 2017;
5 days from July 10, 2017;
5 days from September 4, 2017

A.S. Lyutikova

Is it possible to issue a division of vacation without the consent of the employee

If an employee does not want to share the days of the next vacation, the management of the organization does not have the right to prohibit him from such a decision (Rostrud Letter No. 2143-6-1, 09/17/2009). The employee must be able to spend the whole time on vacation (28 days), provided that for the current year (calendar) the right to rest has not been used before.

If the division of vacation is related to production factors, forced splitting is unacceptable, the issue should be resolved during negotiations between the employer and the employee.

Note! If violations of labor legislation are detected, including those related to the provision of annual rest, administrative liability measures are imposed (Article 5 of the Code of Administrative Offenses of the Russian Federation) in the form of a fine on the organization (30,000 rubles - 50,000 rubles) and on the head of the enterprise (1,000 rubles - 5000 rub.).

Regulatory features of dividing vacation into parts

When splitting a vacation, the following nuances are taken into account:

The duration of vacation regulated by the Labor Code of the Russian Federation (Article 115) cannot be less than the established value. Any reduction in time is illegal, and an increase is allowed in agreement with the company's management.
The legally permissible division of vacation (Article 125 of the Labor Code of the Russian Federation) does not limit the duration and number of parts, with the exception of one of them (at least 14 days).
Calling a worker on leave to work is allowed only upon receipt of his consent. Unused time for rest is transferred to a convenient time for the employee (during the current year) or is added to the rest period in next year. The option is set at the choice of the worker himself.
Legislatively, the form of consent is not specified, but in order to avoid misunderstandings, it is advisable to issue it in writing in the same way as an order for early exit from work.
The refusal of an employee to start work before the end of the rest is not classified as non-compliance labor discipline(Regulation of the Armed Forces of the Russian Federation No. 2, 03/17/2004).

Even with consent, the law does not provide for recall from vacation:

pregnant workers;
underage employees;
working in hazardous, hazardous types of work.

Note! In some cases, organizations may force workers to draw up the balance after using the uninterrupted 14 days of part of the vacation in short installments, indicating the corresponding requirement in the local normative document companies. This provision of the internal document contains the requirement for the mandatory division of the period free from work (which is contrary to the Labor Code of the Russian Federation (Article 125)) and at the same time worsens the position of employees, in comparison with the current norms of labor legislation, and therefore cannot be applied (Article 8 of the Labor Code of the Russian Federation) .

The regulation on vacations (the minimum duration of parts of the next annual paid vacation) establishes that each part cannot be less than seven calendar days. Is it legal?

Expert opinion

Annual paid leave can be divided into parts. But vacations can be divided into parts only by agreement of the parties (part 1 of article 125 of the Labor Code of the Russian Federation).

The employer does not have the right to independently decide the issue of not only dividing the annual paid leave into parts, but also the duration of these parts.

At the same time, at least one of the parts of the vacation must be at least 14 calendar days. In most companies, holidays are divided in half - 14 days each. However, it can be divided in another way: one part is required for 14 days, and the remaining days can be taken in smaller parts if the employee and the employer reach an agreement on this issue.

It happens that employers tend to provide the rest of the vacation only on weekends (on Saturdays and Sundays). Some workers do not object to this, since vacation days are paid. In this case, you need to keep in mind that 28 days of basic leave include 20 working days and 8 days off (that is, 4 full weeks). Therefore, the rest of the employee's vacation days should include both working days and weekends.

For example, an employee is entitled to a vacation of 28 calendar days. 14 days he took a walk at once. Of the remaining days, without fail, four days of vacation must fall on weekends (Saturday and Sunday), and ten days on work days.

How is an agreement reached on the division of vacation into parts? Most often, wishes are collected from employees for the vacation schedule, and then the approved schedule (with vacations divided into parts) is brought to the employees under signature. However, a bilateral agreement on the division of the vacation into parts must be reached before the approval of the vacation schedule. To do everything right, the employee must contact the employer in the form of a written application. A positive resolution of the manager on the employee's statement will allow adding not a full vacation, but parts of it, to the vacation schedule.