home Business Duration of vacation for a research assistant. Vacation of scientific workers. Leave of absence for university researchers

Duration of vacation for a research assistant. Vacation of scientific workers. Leave of absence for university researchers

The number of calendar days of vacation does not include non-working days holidays, if they fall during the period of annual main and additional vacations. Annual additional paid leave is calculated separately and summed up with the annual main paid leave of 28 calendar days, and in total they constitute the total duration of annual paid leave. For example, if you are entitled to 10 days of additional leave, which are cumulative with your basic leave of 28 calendar days, the total duration of your annual paid leave in this case will be 38 calendar days. Article of the Labor Code of the Russian Federation establishes the duration of the annual basic paid leave in calendar days.

Vacation is a type of rest time.

Duration of vacation for scientific staff

Since no official explanation was adopted on the procedure for summing up vacations and converting them into calendar days, it is proposed to use the scheme proposed by the Ministry of Labor and Social Development of the Russian Federation in a letter for N BB dated How many days of vacation are due per year? Annual basic paid leave is calculated in calendar days Art.

Leave can be divided by agreement between the employee and the employer. It should be taken into account that the number of days is not cumulative; extension is carried out only on one of the grounds.

As for the obligation to provide leave, it arises only if the employee has the length of service necessary to receive leave under Art. Reimbursement of vacation expenses includes. For categories of specialists whose work activity is associated with conditions harmful to health, established benefits are retained.

New rules for payment of vacation pay from October 1 In addition to the main annual paid leave, company policy may also provide for additional annual leave. It could even be one day, for example, September 1st. But in some cases, annual additional leave is not an employer’s right, but an obligation. Thus, additional annual leave must be provided to employees. Ivanova, who works in a social service organization, is granted the right to a long rest period. Clinic staff working with people infected with AIDS have the right to an additional rest period of 2 weeks.

Upon dismissal from the ranks of military personnel, this benefit is lost. Absence from work without legal grounds; Registration of unpaid leave; The time when the worker was on parental leave until the age of one and a half or three years. Registration procedure When calculating vacation pay, an accounting employee must take into account various factors. Basis for accrual Money is Art.

Scientific worker additional leave The division of leave into parts according to the Labor Code of the Russian Federation must be carried out in such a way that the duration of at least one of the parts is at least 14 calendar days, Art. If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days. Can a researcher have 28 days of vacation? How long is an employee's vacation, taking into account weekends and holidays? Weekends that fall within the vacation period are taken into account when calculating its duration and are subject to payment.

Important Federal Law No. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer. Extension or transfer of annual paid leave Annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee, in cases.

Annual leave for candidates of science Each researcher has the right to annual leave established by Federal legislation and paid by the employer. Some accounting workers who do not delve too deeply into this topic grant candidates of science a basic twenty-eight day leave.

For the full period, his salary was 1 ruble. Leave of a research employee with an academic degree When calculating the total duration of annual paid leave, days of basic and additional leave in working days per.

Vacation teaching staff provided by duration When determining the duration of leave for individual workers of public education and science of the Russian Federation, which summarized the practice and In the list of payments to employees taken into account when calculating the average.

Duration of paid leave according to the Labor Code of the Russian Federation. If the specified condition is met, the duration of other parts of the leave of Scientific workers with an academic degree is 48 working days for Employees of the Investigative Committee serving not in the calculation of individual indicators. The calculation of vacation pay in this case should be carried out as follows.

How many days of vacation does a junior researcher have? In the event that a candidate applies to replace annual leave with compensation, the head of the scientific organization has the right to refuse him.

The amount of additional leave depends on the category of health worker. Our research institute employs candidates and 8 doctors. Candidate of Sciences leave These leaves are provided to scientific workers holding full-time positions, academic degrees for which are provided for by tariff and qualification requirements, agreed upon and approved in the prescribed manner. The procedure for calculating leave The procedure for calculating leave Which employees are entitled to paid study leave To begin with, we will determine that such an employee is required by the Labor Code of the Russian Federation to be provided with 36 working days as the main leave and 10 days due to the presence of conditions harmful to health.

The result is that such an employee must use 52 calendar days during the year as paid leave. So, for example, in accordance with Art. The hazard class is determined by a specially created commission. The vacation must be properly issued, its duration and payment correctly calculated, and vacation pay paid on time. From the amount reflected in column 15, we will withhold the personal income tax of the column. The part of his leave unused in connection with the employee’s recall must be provided at the employee’s choice at a time convenient for him during the current working year, or added to the new leave for the next working year .

I work in orphanage diets sister, how many days should the vacation be? Federal civil servants of the state civil service enjoy the right to extended vacations, Art. In exceptional cases, in order to avoid adverse consequences for the employer, annual paid leave may be transferred with the consent of the employee to the next working year. This leave must be granted to the employee no later than 12 months after the end of the working year for which this annual paid leave is granted.

At the same time, he can join a new vacation. If the employee is under 18 years of age or is employed in work with harmful or dangerous working conditions, then transfer of vacation is not allowed. Employees with two or more children under the age of 14, as well as employees with a disabled child under the age of 18, single mothers raising a child under the age of 14, fathers raising a child under the age of 14 without a mother can additional leaves without pay are provided for a duration of up to 14 calendar days, which, upon the written application of the employee, are fully or partially added to the annual paid leave of Art.

When transferring annual paid leave in the cases discussed in our article, this additional leave without pay cannot be transferred to the next year, Art. It is possible to divide annual paid leave into parts. This is permitted by agreement between the employee and the employer.

This must be done before management approves the annual vacation schedule for all employees. It is not determined into how many parts the leave can be divided, but in all cases at least one of the parts of this leave must be at least 14 calendar days, which meets the requirements of the International Labor Organization Convention of June 24. Early recall of an employee from leave is only allowed with his consent. An employee’s refusal and absence from work until the end of the leave granted to him is not considered a violation of labor discipline.

The recall of an employee from vacation must be properly formalized by issuing an order or instruction by the employer. The legislation considers this possibility regarding the connection of recreation, but there is no direct regulation.

Formula for calculating the amount of vacation pay Calculation of amounts to be included in vacation pay must be carried out in accordance with Art. You can see exactly what types of annual leave the current legislation provides for in Fig. All individuals who work for an employer under an employment contract have the right to annual leave. The status of the employer - a legal entity or an individual, as well as its form of ownership, type of activity and industry affiliation are not important here. But persons who perform work and provide services under civil contracts cannot apply for annual leave.

Yes, because relations with them are regulated not by labor law, but by civil law. Pay attention to these important points concerning the rights of employees. In addition, an administrative fine may be imposed on guilty officials of a legal entity or individual entrepreneurs in accordance with Part.

If during the year an administrative penalty has already been applied to such a person for non-compliance with labor legislation or the violation was committed in relation to minors, pregnant women, as well as single fathers, mothers or persons replacing them who are raising children under 14 years of age or a disabled child, the guilty person may pay a fine of from to nnmdg. The employer does not have the right to dismiss an employee while he is on vacation on his own initiative.

An exception is the complete liquidation of the enterprise; 3, it is prohibited to replace vacation with monetary compensation, except in cases provided for in Art. Provide annual basic leave to all employees without fail! After all, it is guaranteed by the state. What about the annual additional leave? Such a vacation is a kind of bonus. We list the categories of persons who, according to the Vacation Law, are entitled to additional annual leave in Table.

Work schedule and vacation of scientific staff

Leading researcher how many days of vacation - - Such vacation is always paid for by the enterprise. Regulatory framework All the nuances of the leave in question are regulated by the following regulations: Decree of the Government of the Russian Federation dated 3. Annual basic extended paid leave of 42 calendar days is provided to teachers and music directors working in preschool groups educational institutions and educational institutions for children of preschool and primary school age. Vacation leave for a research employee who has an academic degree of Candidate of Sciences, working in hazardous working conditions You are here How many total days will be the vacation of a scientific employee who has an academic degree of Candidate of Sciences, extended leave - 36 working days, working in hazardous working conditions, where the additional leave is 10 slave. Answer We believe that the question is how to correctly determine the total duration of vacation in calendar days. Since currently there is no provision for payment of vacations in working days. In accordance with the article of the Labor Code of the Russian Federation, from February 1 of the year, annual paid leave, both main and additional, must be provided to employees in calendar days. When calculating the total duration of annual paid leave, additional paid leave is added to the main paid leave.

Attention

Tariff and qualification requirements for positions of scientific workers are provided Qualification guide positions of managers, specialists and other employees, approved by the Resolution of the Ministry of Labor of Russia dated August 21.

CALCULATION OF THE DURATION OF VACATION FOR JUNIOR AND RESEARCH STAFF

Labor Code of the Russian Federation; participants of the Great Patriotic War, disabled war veterans, combat veterans, including disabled people, labor veterans Art. Vacation of scientific workers Any holidays should not be taken into account when calculating, respectively, if during the vacation period they fall, for example, New Year or March 8th, then these days must be added to the total number of vacation days. If a researcher falls ill or must perform any additional duties for a certain period of time, the leave must be extended for the period of work or temporary disability. As an example, we can consider a situation where the HR and accounting department of an enterprise needs to calculate total days of annual paid leave for an employee who has a PhD degree and works in difficult conditions. Which employees are entitled to paid study leave? To begin with, let us determine that such an employee is required by the Labor Code of the Russian Federation to be provided with 36 working days as the main leave and 10 days due to the presence of conditions harmful to health. Dear readers! Our articles talk about typical solutions legal issues, but each case is unique.

Legislation research assistants additional leave for an academic degree

It should be taken into account that the number of days is not cumulative; extension is carried out only on one of the grounds. As for the obligation to provide leave, it arises only if the employee has the length of service necessary to receive leave under Art. New rules for payment of vacation pay from October 1 In addition to the main annual paid leave, company policy may also provide for additional annual leave. It could even be one day, for example, September 1st. How many total days will be the vacation of a researcher who has an academic degree of Candidate of Sciences, extended vacation - 36 working days, working in hazardous working conditions, where the additional vacation is 10 slaves. We believe that the question is how to correctly determine the total duration of vacation in calendar days. Promotion of the month 8 88 Tell me the annual paid leave of a junior researcher. On legislative level There is no additional leave for this position.

Useful video:

Vacation for candidates of sciences since 2018

Our research institute employs candidates and 8 doctors. How much annual leave do they need to set, and what legislation regulates its duration? If your research institute is funded from the Federal budget, then candidates are entitled to annual paid leave, lasting calendar days. For doctors, it is necessary to establish a leave of six calendar days. Post navigation His employer is obliged to reinstate him in his position if during this time a transfer worker was not hired in his place. In practice, things may happen differently. But, if the candidate who wrote the application is given an unfounded refusal to be reinstated in his previous position, he has the right to go to court. The decision of Themis representatives, as a rule, is always on the side of the workers. What is the duration of annual leave for scientific employees who have the academic degrees of Candidate of Sciences and Doctor of Sciences?

Labor Code of Leave for a Researcher

Personnel records management Vacation of a research employee who has an academic degree of Candidate of Sciences, working in hazardous working conditions How many total days will be the vacation of a scientific employee who has an academic degree of Candidate of Sciences, extended leave - 36 working days, working in hazardous working conditions, where the additional leave is 10 slave. Answer We believe that the question is how to correctly determine the total duration of vacation in calendar days. Since currently there is no provision for payment of vacations in working days. In accordance with the article of the Labor Code of the Russian Federation, from February 1 of the year, annual paid leave, both main and additional, must be provided to employees in calendar days.

arbitrnw.ru

Please tell me the annual paid leave for a junior researcher. Answer The annual basic paid leave is 28 calendar days. At the legislative level, additional leave for this position is not provided. Additional leave for the employee in question can be established based on the results of a special assessment if his working conditions are found to be harmful; for irregular working hours, the duration of such leave is determined by a collective agreement, Labor Regulations or directly by the employment contract with an additional agreement to it. In this case, the duration of this leave cannot be less than three calendar days. For more information about this, see the most common cases of granting additional leave, as well as their duration, are shown in the table.

Number of vacation days for a researcher

It follows from this that annual paid leave must be at least 28 days. Does everything seem obvious? But in fact there is more additional days and even vacations that some categories of citizens can count on.

Attention

What is the annual paid leave for a junior researcher? The annual basic paid leave is 28 calendar days. If the organization does not take advantage of this right, then employees are not entitled to such leave. How many working days does an unscheduled GIT inspection last?

Procedure for calculating vacation

Annual basic paid leave is granted for a period of 28 calendar days. The right to leave can be used after six months of continuous work in the Organization, in special cases - earlier than this period, in agreement with the immediate supervisor of the article. After six months of continuous work, an employee can be granted no more than half of the leave, so it is recommended to use the main leave after 11 months of continuous work. Annual paid leave can be divided into several parts, but at least one part must be at least 14 calendar days. If during the year the employee was in unpaid leave with a total duration of more than 14 days, this period is not included in the length of service for calculating annual paid leave Art. If an employee holds more than one position in the Organization, leave at these rates is taken simultaneously. To apply for annual paid leave you must: 1.

Vacations in the 1C Salary and Personnel Management program 8. Since currently there is no provision for payment of vacations in working days. In accordance with the article of the Labor Code of the Russian Federation, from February 1 of the year, annual paid leave, both main and additional, must be provided to employees in calendar days. When calculating the total duration of annual paid leave, additional paid leave is added to the main paid leave. Since no official explanation was adopted on the procedure for summing up vacations and converting them into calendar days, it is proposed to use the scheme proposed by the Ministry of Labor and Social Development of the Russian Federation in a letter for N BB dated How many days of vacation are due per year? Annual basic paid leave is calculated in calendar days Art. Leave can be divided by agreement between the employee and the employer. It should be taken into account that the number of days is not cumulative; extension is carried out only on one of the grounds.

Researchers belong to those categories of citizens who have the right to receive annual and additional paid leave, which takes up a slightly larger number of working days than the rest guaranteed to employees employed in other vacancies. The features of granting such leave, the registration methodology and the procedure for calculating vacation days will be given in this article.

From this article you will learn:

is a researcher entitled to leave;
what are the features of granting leave to research staff;
what is the procedure for calculating leave for scientific employees;
How do leave arrangements for research staff proceed?

According to Decree of the Government of the Russian Federation No. 949, members of the teaching staff and employees of other scientific positions who have an academic degree can exercise the right to go on long-term leave. Depending on the academic degree (Candidate of Sciences or Doctor of Sciences) the methodology for granting leave is based.

Peculiarities of granting leave to research staff

Researchers with an academic degree and holding full-time positions have the right to receive annual paid leave, which takes up a slightly larger number of working days. The institution's schedule must take into account all the nuances regarding the possibility of legally obtaining an academic degree and the corresponding privileges.

It should be noted right away that long-term leave for scientific workers is granted with special rights - it is calculated in working days, and not calendar days, as it should be for any other employee. Accordingly, weekends (Saturday and Sunday) and holidays are not included in the number of days of rest and, in such cases, the vacation itself is extended by a set number of days.

In addition to the main annual leave, scientific employees working at enterprises where certain hazardous working conditions exist are also entitled to an additional paid period, which is also the responsibility of the employer. Accordingly, if a person has an academic degree and, at the same time, works in rather difficult conditions, then such an employee can safely count on a fairly long rest while maintaining his salary.

The procedure for calculating leave for scientific employees

Since a research assistant is entitled to accrue annual paid leave, which may include additional rest while maintaining wages due to hazardous working conditions, working days must be recalculated into calendar days. Any holidays should not be taken into account when calculating; accordingly, if, for example, New Year or March 8th falls during the vacation period, then these days should be added to the total number of vacation days. If a researcher falls ill or must perform any additional duties for a certain period of time, the leave must be extended for the period of work or temporary disability.

As an example, we can consider a situation where the HR and accounting department of an enterprise needs to calculate the total number of days of annual paid leave for an employee who has a PhD degree and works in difficult conditions.

To begin with, let us determine that the Labor Code of the Russian Federation requires such an employee to be provided with 36 working days as basic leave and 10 days due to the presence of conditions harmful to health. 36 working days are summed up with 10 working days of additional rest and converted into calendar days. The result is that such an employee must use 52 calendar days during the year as paid leave.

If the employee is unable to take the total number of days off, then the employer can pay compensation for a certain number (by agreement with the boss). But, most often, the rest of the vacation is summed up with the rest days of the next reporting year, since the opportunity to immediately take almost two months of rest can become a serious test for any institution that needs the constant presence of a qualified employee at the workplace.

Registration of leave for scientific employees

Annual paid leave is provided to scientific employees in accordance with the schedule developed for the current year. This document does not take into account additional paid rest if the enterprise has harmful working conditions, so its provision is discussed with the employer separately.

If a researcher goes on vacation in accordance with the schedule, then he does not need to fill out a special application requesting leave. The immediate supervisor must notify the employee of the approaching date of rest no later than two weeks in advance, and the director must send written notice.

Next, the boss issues a corresponding order, which indicates the last name, first name, patronymic of the researcher, his position and the exact start and end date of the vacation. The order is filled out in form T-6, and it can indicate either one type of leave (main) or several at once (main and additional).

Attached files

Memo for employee in case of vacation (form).doc
Order for granting leave (form).doc
Leave regulations (form).doc

Available to subscribers only

Order on granting leave (sample).doc
Leave regulations (sample).doc

Article 126. Replacement of annual paid leave with monetary compensation

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Annual basic paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open-pit mines and quarries, in zones of radioactive contamination, and in other work associated with the adverse effects on human health of harmful physical, chemical, biological and other factors.

The minimum duration of annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from local budget, - authorities local government.

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

actual work time;

time when the employee did not actually work, but was behind him in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreements, agreements, local regulations, employment contracts preserved the place of work (position), including the time of annual paid leave, non-working holidays, weekends and other rest days provided to the employee;

forced absence time illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

the period of suspension from work of an employee who has not completed the mandatory medical checkup(examination) through no fault of one’s own;

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law dated July 22, 2008 N 157-FZ)

(Part one as amended by Federal Law No. 90-FZ dated June 30, 2006)

the time the employee is absent from work without good reasons, including as a result of his removal from work in the cases provided for in Article 76 of this Code;

time of parental leave until the child reaches the legal age;

the paragraph is no longer valid. – Federal Law of July 22, 2008 N 157-FZ.

The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

On the duration of the annual and reduced (due to harmful working conditions) working day of employees of institutions, organizations and enterprises of the system of the Ministry of Education of the USSR

a) List of positions of employees of institutions of the system of the Ministry of Education of the USSR, for which the next extended one has been established (Appendix No. 1), drawn up in accordance with the Resolution of the Council of Ministers of the USSR of April 21, 1949.

What is the procedure for granting annual paid leave to candidates of science in non-research organizations?

In accordance with the Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On annual scientific workers with an academic degree,” scientific institutions (organizations) financed from the federal budget have the right (but are not obligated) to provide candidates of sciences with leave of 36 working days, and Doctors of Science - 48 working days. At the same time, employees of such institutions (organizations) must occupy full-time positions, academic degrees for which are provided for by tariff and qualification requirements.

On annual leaves of scientific workers.

1. Petrova was hired as a worker for landscaping and landscaping by the municipality of Tver. IN employment contract Only the duration of annual paid leave was indicated. But it was said that all issues of work and rest regimes are regulated by the Internal Labor Regulations.

On the very first day of work, she was denied special breaks for rest, which are provided for by Art.

Leave of absence for a researcher with a PhD degree working in hazardous working conditions

How many total days will be the vacation of a researcher with a PhD degree (extended - 36 working days), working in hazardous working conditions, where an additional 10 workers. days.

We believe that the question is how to correctly determine the total duration in calendar days. Since currently there is no provision for payment of vacations in working days.

Vacation of scientific workers

Grant the right to scientific institutions (organizations) financed from the federal budget to establish annual paid leave for scientific workers with an academic degree:

These are provided to scientific workers holding full-time positions, academic degrees for which are provided for by tariff and qualification requirements, agreed upon and approved in the prescribed manner.

Regulations on additional leaves for company employees

This provision on leaves (additional) has been developed in accordance with Labor Code Russian Federation (Federal Law No. 197-FZ dated November 30, 2001, came into force on February 1, 2002); Decree of the Government of the Russian Federation dated August 12, 1994. No. 949 “On annual leave of scientific employees with an academic degree”; Federal Law of the Russian Federation “On Social Protection of Disabled Persons” dated November 24, 1995. No. 181-FZ, internal labor regulations of the company;

This regulation regulates the grounds, conditions and procedure for providing employees of OJSC “___________” with annual extended basic leaves.

Article 13. Leaves of scientific workers

1. Research workers of state scientific organizations and scientific organizations equivalent to state ones are provided with paid annual working duration fifty-six calendar days for doctors of science, forty-two calendar days for candidates of science, doctors of philosophy (PhD), doctors in the field, thirty-five calendar days for other scientific workers with the payment of a health benefit within the limits of their available funds for wages in the amount one official salary.

Article 41. 4. Leave of absence for employees

1. Prosecutors, scientific and teaching workers are granted annual paid leave of 30 calendar days, excluding travel time to and from the place of rest.

Prosecutors working in areas with severe and unfavorable climatic conditions are provided with annual pay according to the standards established by the Government of the Russian Federation, but not less than 45 calendar days.

Article: Costs of providing extended vacations to candidates of sciences and doctors of sciences (Filipenko M.I.) (Advisor to an accountant in the field of education and science, 2005, n 5)

Article: Costs of providing extended courses to candidates of sciences and doctors of sciences (Filipenko M.I.) (“Advisor to an accountant in the field of education and science”, 2005, n 5)

We read in one economic magazine that the costs of providing extended courses to candidates of science and doctors of science in organizations that are not budgetary organizations can only be covered by net profit.

). The number of calendar days of vacation does not include non-working holidays if they fall within the period of annual main and additional vacations. Annual additional paid leave is calculated separately and summed up with the annual main paid leave (lasting 28 calendar days), and in total they constitute the total duration of annual paid leave. For example, if you are entitled to 10 days of additional leave, which are cumulative with your basic leave of 28 calendar days, the total duration of your annual paid leave in this case will be 38 calendar days.

Who rests longer than others: the right to extended vacation

The Decree of the Government of the Russian Federation dated May 14, 2015 No. 466 approved the list of positions in educational institutions (general education, educational institutions of primary, secondary and higher vocational education etc.), work in which gives the right to annual extended paid leave of 56 or 42 calendar days, depending on the type of institution and position.

The right to extended vacations is enjoyed by university researchers holding full-time positions and holding an academic degree of Doctor of Science - lasting 48 working days, and a candidate of science - 36 working days (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949).

Separate federal laws determine the duration of vacations workers performing research and development work, increased. So, for example, in accordance with Art. 5 of the Federal Law of the specified category of workers when performing work that uses toxic chemicals related to chemical weapons, and work to eliminate chemical weapons production facilities, vacation duration is set 56 calendar days, and for some workers – 49 calendar days.

Extended leave is provided to employees of healthcare organizations diagnosing and treating HIV-infected patients, as well as employees of organizations whose work involves materials containing the human immunodeficiency virus - 36 working days, in accordance with the Procedure for providing benefits to employees at risk of contracting the immunodeficiency virus man in the performance of his official duties(Resolution of the Government of the Russian Federation of April 3, 1996 No. 391).

The right to extended vacations is enjoyed by federal civil servants of the state civil service(Article 46 of the Federal Law ""). The total duration of annual paid leave (basic and for long service) is differentiated from 40 to 45 calendar days depending on the position held. In this case, additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the above-mentioned annual paid leave. Labor law norms for relations related to civil service, and, in particular, to the procedure for granting and duration of basic and additional paid leave, do not apply (Article 73 of the Federal Law "").

Vacation working disabled people amounts to 30 calendar days(Article 23 of the Federal Law).

Who is entitled to additional paid leave?

Employees engaged in work with harmful and (or) dangerous working conditions (the list of such work, the duration of leave and the conditions for its provision are approved by the Government of the Russian Federation) are provided annual additional paid vacation().

Additional leave for work with hazardous working conditions is provided to employees in accordance with the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day (). This List operates according to. The procedure for granting additional leave for work with hazardous working conditions is established in Art.

Some categories of employees are entitled to additional annual leave for the special nature of their work, for example, employees with irregular working hours (), citizens of working age working in the Far North and equivalent areas(the duration of this leave, the procedure for granting and combining annual paid leave and the corresponding compensation associated with the use of leave are established in the Labor Code of the Russian Federation). The duration and conditions for granting this leave are determined by the Government of the Russian Federation ().

Annual additional paid leave is provided in other cases provided for by the Labor Code of the Russian Federation, federal laws, as well as decrees of the Government of the Russian Federation. For example, additional leave of up to four calendar days is provided to employees of industrial production personnel in the coal, shale, mining industries and certain basic industries for multi-shift work (Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of July 2, 1990 No. 647).

Doctors general practice(family doctors) and their nurses an annual additional paid three days vacation for continuous work in these positions over three years(Resolution of the Government of the Russian Federation of December 30, 1998 No. 1588 "").

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees. The procedure and conditions for their provision are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Leave in case of employment with irregular working hours

For workers with irregular working hours annual additional paid leave is provided, the duration of which cannot be less than three calendar days ().

The collective agreement or internal labor regulations of the employing organization must provide for the duration of additional paid leave with irregular working hours, taking into account the volume of work, the degree of labor intensity, the employee’s ability to perform his job functions outside of normal working hours, etc.

Rules for granting annual additional paid leave workers with irregular working hours in organizations financed from the federal budget are approved by Decree of the Government of the Russian Federation of December 11, 2002 No. 884. This additional leave is provided to individual employees of organizations financed from the federal budget for working irregular working hours. The main condition for granting this additional leave is the periodic need for employees to perform their work functions outside of normal working hours.

Payment for additional vacations provided to employees with irregular working hours of employing organizations financed from the budget (federal, subject of the Russian Federation and local government) is made from the wage fund.

Payment for additional vacations provided to employees of other organizations in accordance with the collective agreements adopted by them and other local regulations is made at the expense of the organizations (employers) own funds.

workers under 18 years of age ();
husbands whose wives are on maternity leave (during this leave);
spouses of military personnel, whose leave may be granted simultaneously with the leave of their husbands (wives) (Clause 1, Article 11 of the Federal Law of May 27, 1998 No. 76-FZ " ");
parents (guardians, trustees) working in the Far North and equivalent areas who have the right to receive annual paid leave or part of it (at least 14 calendar days) to accompany a child under the age of 18 entering a secondary or higher educational institution vocational education located in another area ();
persons working part-time ();
participants of the Great Patriotic War, disabled war veterans, combat veterans, including disabled people, labor veterans (Articles 14–20, 22 of the Federal Law of January 12, 1995 No. 5-FZ " ");
Heroes Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (clause 3 of article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 "");
Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Federal Law of January 9, 1997 No. 5-FZ " ");
persons awarded the sign "Honorary Donor of Russia" (Article 11 of the Federal Law of July 20, 2012 No. 125-FZ " ");
persons who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate its consequences, disabled people as a result of the Chernobyl disaster, participants in the liquidation of the disaster, citizens evacuated from the exclusion zone and resettled from the resettlement zone, and some others persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, other accidents at nuclear facilities for military and civilian purposes, tests, exercises and other work related to any types of nuclear installations (Article 14–22 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 " ").

Vacation schedule: possibility of rescheduling and recall from vacation

Annual paid leave must be provided on time, scheduled vacations. This leave must be extended or transferred to another period in the event of temporary disability of the employee or when the employee performs state duties during the vacation, if this provides for exemption from work or in other cases provided for by laws, local regulations (). When transferring annual paid leave in these cases to another period, the employer must take into account the wishes of the employee.

Another procedure has been established for postponing annual paid leave if the employee was not paid in a timely manner for the duration of the vacation or the employee was notified about the start time of the vacation later than two weeks before it began. In this case, the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another period agreed with the employee.

In exceptional cases, in order to avoid adverse consequences for the employer, annual paid leave may be transferred with the consent of the employee to the next working year. This leave must be granted to the employee no later than 12 months after the end of the working year for which this annual paid leave is granted. At the same time, he can join a new vacation.

If the employee is under 18 years of age or is employed in work with harmful or dangerous working conditions, then transfer of vacation is not allowed.

Employees with two or more children under the age of 14, as well as employees with a disabled child under the age of 18, single mothers raising a child under the age of 14, fathers raising a child under the age of 14 without a mother can additional leaves without pay are provided for up to 14 calendar days, which, upon written application of the employee, are fully or partially added to the annual paid leave (). When transferring annual paid leave in the cases discussed in our article, this additional leave without pay cannot be transferred to the next year ().

It is possible to divide annual paid leave into parts. This is permitted by agreement between the employee and the employer (). It is not determined into how many parts the vacation can be divided, but in all cases at least one of the parts of this vacation must be at least 14 calendar days, which meets the requirements of the International Labor Organization Convention No. 132 of June 24, 1970.

Early recall of an employee from vacation is permitted only with his consent. An employee’s refusal and absence from work until the end of the leave granted to him is not considered a violation of labor discipline. The recall of an employee from vacation must be properly formalized by issuing an order or instruction by the employer. The part of his leave unused in connection with the employee’s recall must be provided at the employee’s choice at a time convenient for him during the current working year, or added to the new leave for the next working year.

It is prohibited to recall from leave pregnant women, workers under 18 years of age, as well as workers engaged in work with harmful and (or) dangerous working conditions.

Part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation (). In addition, when summing up or transferring vacation to the next working year, monetary compensation can replace the part of each annual paid vacation exceeding 28 calendar days. Replacement of part of the vacation with monetary compensation is carried out upon the written application of the employee.

For certain categories of workers (pregnant women, workers under the age of 18, people employed in jobs with harmful and (or) dangerous working conditions, for the sake of protecting their health), vacation cannot be replaced with monetary compensation ().

Dismissal and vacation: exercising the right to rest

The employee must be given the opportunity to exercise the right to leave. Upon dismissal, the employee is paid monetary compensation in all cases, regardless of the basis for dismissal, for all unused vacations up to the day of dismissal (). At the request of the employee, instead of compensation for unused vacations, he may be granted vacation followed by dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation. This date is entered in work book as the date of dismissal.

If an employee is dismissed due to the expiration of the employment contract, then leave followed by dismissal may be granted on the condition that the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation, which is entered in the work book as the date of dismissal.

If unused leave with subsequent dismissal is granted to an employee upon termination of the employment contract at the initiative of the employee, he has the right to withdraw his application for dismissal, provided that this leave has not yet begun, that is, before the start date of the leave, and another person has not been invited to take his place by way of transfer. worker.

Related documents

Decree of the Government of the Russian Federation of May 14, 2015 No. 466
Decree of the Government of the Russian Federation of August 12, 1994 No. 949
Federal Law of November 7, 2000 No. 136-FZ
Decree of the Government of the Russian Federation of April 3, 1996 No. 391
Resolution of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647
Decree of the Government of the Russian Federation of December 30, 1998 No. 1588
Decree of the Government of the Russian Federation of December 11, 2002 No. 884

Read about how to calculate vacation when working part-time, whether the head of the company must write a vacation application, whether an employee can take vacation for five calendar days from Monday to Friday, and much more.

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Each researcher has the right to annual leave established by Federal legislation and paid by the employer. Some accounting workers who do not delve too deeply into this topic grant candidates of science a basic twenty-eight day leave. But for this category of employees, the legislation also provides for extended vacations, which are issued if there are certain grounds. In this article we will tell you about vacations for candidates of sciences and consider the registration process.

Who is entitled to extended leave?

Annual leave, paid by the employer, is provided in accordance with Art. 115 of the Labor Code of the Russian Federation:

Annual vacation for a candidate of sciences

Federal legislation has approved the rules for granting annual leave to employees who have been admitted to seek a candidate or doctorate degree:

Annual paid leave is provided at the place of main work.
All payments are made at the expense of employers.
Candidates are entitled to extended vacations.

Annual vacation for working job seekers

Each applicant for a scientific degree can exercise his right to receive leave intended to prepare for the defense of his dissertation:

This category of employees maintains their average earnings for 3 and 6 months.
All costs associated with payments are borne by the employer.
If the applicant decides to take leave to prepare for his defense, he must notify the employer 12 months in advance of his intention. To do this, you must write a corresponding application.

How is the duration of vacation determined?

If in the reporting year a candidate decided to take advantage of his legal right to basic paid leave, and also decided to take additional leave, then the accounting employee must sum up the days, since all calculations for the two types of leave must be made separately.

Example 1.

The candidate is entitled to a mandatory leave of 28 days.
The duration of additional leave is 10 days.
The accountant must sum up these days: 28 + 10 = 38.
As a result, the total duration of annual leave paid by the employer will be 38 days.

Registration procedure

When calculating vacation pay, an accounting employee must take into account various factors. First of all, he must correctly determine the period for calculating vacation. This indicator directly depends on the amount of time worked by the candidate:

When calculating vacation pay for a candidate, an accounting employee must take into account and not take into account the following indicators:

What formulas are used to calculate vacation pay for the full period?

If an accounting employee uses the full pay period when calculating vacation pay for a candidate, then he should use the following formula:

Amount paid to the candidate = SDZ x Add.

Average salary = (half salary) / (12 months X 29.4), Where

Average salary – the candidate’s average daily earnings are taken into account;
Salary – salary, which is taken into account for the full period
Ext. – number of days of annual paid leave

Example 2. An employee of a research institute who is a candidate of sciences is entitled to extended annual leave from July 10, 2017. to 08/14/2017 He has been working in the organization since July 10, 2012. For the full period, his salary amounted to 1,100,000 rubles.

In this case, vacation pay should be calculated as follows:

1,100,000 rub. / (12 months X 29.4) = 3,117.91 rubles

The total amount of vacation pay for the candidate will be:

RUR 3,117.91 x 36 days = 112,244.76 rubles

112,244.76 x 13% = 14,591.81 rubles

The candidate will receive 112,244.76 – 14,591.81 = 97,652.95 rubles.

What formulas are used when calculating vacation pay for an incomplete period?

If a candidate has worked in a scientific organization for less than 12 months, then the accounting employee must use the following formula when calculating his vacation pay:

KNM = 29.4: CD x Addit;

KMP - the number of months that the candidate worked in the organization in full;
KD – number of days in the billing month;
Ext. – all days worked by the candidate.

Example 3. An employee of a research institute, who is a candidate of sciences, decided to go on extended leave from 06/01/2017. until July 21, 2017 He has been working in the organization since December 10, 2016. For the full period, his salary amounted to 4,000,000 rubles.

The accounting employee will have to make the following calculations:

First of all, the number of days not worked by the candidate is determined. For this, the following formula is used:

29.4 / CD x Add
29.4 / 30x120 = 117 days.

Now the average daily wage should be calculated:

(4,000,000) / (6 x 29.4 + 117) = (4,000,000) / 293.4 = 13,633.26 rubles

13,633.26 rubles x 36 days = 490,797.36 rubles

From this amount, the accounting employee must withhold income tax:

490,797.36 x 13% = 63,803.66 rubles

The candidate will receive 490,797.36 – 63,803.66 = 426,993.70 rubles

How is compensation for unused vacation calculated?

If a candidate has decided to resign from a scientific organization, he has the right to receive compensation for unused annual paid leave.

To do this, he must contact management in writing.
In this case, it will not matter how long he worked in this organization.
When making calculations, an accounting employee of a scientific organization will have to compensation payment use the same principle as when calculating extended holidays.
The accrued amount of funds must be paid to the resigning candidate in full. Read also the article: → "".
In the event that a candidate applies to replace annual leave with compensation, the head of the scientific organization has the right to refuse him. This issue will be resolved individually.

Category “Questions and Answers”

Question No. 1. Our research institute employs 15 candidates and 8 doctors. How much annual leave do they need to set, and what legislation regulates its duration?

If your research institute is funded from the Federal budget, then candidates are entitled to annual paid leave of 36 calendar days. For doctors, it is necessary to establish a leave of 48 calendar days. This procedure is regulated by Government Decree No. 949 of August 12, 1994.

Question No. 2. We are a commercial scientific organization. Should we provide extended annual leave to our full-time candidates?

If your organization is commercial and does not receive subsidies from the Federal budget, then employees, in particular candidates, should be granted annual leave of 28 calendar days. This procedure is regulated by Article 115 of the Labor Code of the Russian Federation.

It is worth noting that Federal legislation allows commercial organizations, regardless of their form of ownership and type of activity, to independently decide on the issue of providing extended vacations.

In this case this question must be enshrined in local acts of the organization. For example, a collective agreement usually prescribes the procedure for calculating wages for full-time employees, as well as the procedure for granting them annual leave. Also, the head of the organization may issue a separate order, according to which the candidate can go on extended paid leave.

In the case when the organization's internal local acts the issue of extended vacations will not be regulated; an accounting employee must take into account only 28 calendar days when calculating vacation pay for either a candidate or a doctor of science.

Question No. 3. In our commercial organization the candidate is working. Before going on vacation, he asked to be replaced with monetary compensation. Are we obligated to do this?

In accordance with the regulations of the Labor Code, each employee has the right to contact his employer in writing and ask to replace with monetary compensation part of the vacation that exceeds 28 calendar days. But the manager is not obliged to carry out such a replacement.

As a rule, when refusing leave in favor of compensation, the candidate must continue to perform his professional duties.

But this does not always work out, since in some organizations the vacation period falls during the holidays, during which core activities are not carried out. At the same time, changes were made to Article 126 of the TCRF. It follows from them that those employees who have the right to apply for extended or additional leave, during the period of labor activity cannot receive compensation for its unused portion.

Question No. 4. Our organization plans to dismiss an employee who is a candidate of science. Should we pay him compensation for unused vacation?

Question No. 5. Our employee wrote an application for leave, but it falls during the period when the employment contract concluded with him terminates. Should our organization pay for his vacation?

The employer is obliged to provide the employee with annual paid leave even when the rest period partially or completely extends beyond the term of the employment contract. In such a situation, the date of dismissal will be considered the last day of paid leave. In the event that an employee independently takes the initiative to resign from the organization after annual leave, he has the legal right to change his mind and withdraw the application before the first day of the start of the leave.

His employer is obliged to reinstate him in his position if a transfer worker has not been hired in his place during this time. In practice, things may happen differently. But, if the candidate who wrote the application is given an unfounded refusal to be reinstated in his previous position, he has the right to go to court. The decision of Themis representatives, as a rule, is always on the side of the workers.

Most workers in Russia are entitled to vacation of 28 calendar days. However, some categories of workers are entitled to extended paid leave. We’ll talk about what extended leave is and who is entitled to it in the article.

Everyone has the right to vacation

All employees working under employment contracts have the right to annual paid leave. Not only the main employees, but also the following employees have the right to leave:

part-time workers;
"conscripts";
seasonal workers;
remote workers and homeworkers (part 2 of article 287, 291, 295, part 4 of article 310, part 2 of article 312.4 of the Labor Code of the Russian Federation).

In most cases, employees are entitled to 28 calendar days of vacation, but some employees are entitled to longer vacations under current legislation. Annual paid basic leave lasting more than 28 calendar days is called extended leave (Part 2 of Article 115 of the Labor Code of the Russian Federation).

Right to extended leave

Now let's figure out who is entitled to extended annual basic paid leave. The right to such leave is established by the Labor Code, Federal laws and other regulations. For example, extended main leave is due:

for minor workers – 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
for disabled people - 30 calendar days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ);
for pensioners living in nursing homes - 30 calendar days (Article 5, 13 of the Federal Law of 02.08.1995 No. 122-FZ);
teachers listed in the annex to the Decree of the Government of the Russian Federation dated May 14, 2015 No. 466 - 42 (56) days;
for health workers named in the annex to the resolution of the Ministry of Labor of Russia dated 08.08.1996 No. 50 - 36 working days;
state and municipal employees - 30 calendar days (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ, paragraph 3 of Article 21 of the Federal Law of March 2, 2007 No. 25-FZ);
candidates and doctors of science working in state-funded scientific institutions - 36 and 48 days, respectively (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949);
drug police officers, prosecutors, employees of the Investigative Committee, customs officers, judges - 30 calendar days (clause 108 of the Regulations, approved by Decree of the President of the Russian Federation of June 5, 2003 No. 613, Art. 41.4 of the Federal Law of January 17, 1992 No. 2202-1, Art. 25 of the Federal Law of December 28, 2010 No. 403-FZ, Article 36 of the Federal Law of July 21, 1997 No. 114-FZ, paragraph 2 of Article 19 of the Federal Law of June 26, 1992 No. 3132-1, paragraph 5 of the Decree of the President of the Russian Federation dated 09/14/1995 No. 941);
for rescuers - from 30 to 40 days (clause 5, article 28 of the Federal Law of August 22, 1995 No. 151-FZ;
employees working with chemical weapons – 49 (56) calendar days (Article 5 of Federal Law No. 136-FZ of November 7, 2000).

If the employee has not notified the employer of his intention to exercise his right to grant leave to prepare for the defense of his dissertation for the scientific degree of Candidate of Sciences in writing no later than one year before the expected start date of the leave, then the employer has the right to refuse the employee. Rationale: Article 173.1 of the Labor Code of the Russian Federation establishes guarantees and compensation for employees who combine work with receiving higher education- training of highly qualified personnel, as well as workers admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences. Employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences have the right to be granted, in the manner established by the Government of the Russian Federation, additional leave at their place of work for a duration of three and six months, respectively, while maintaining their average earnings. The procedure is established by the Rules for granting leave to persons admitted to seek the academic degree of Candidate of Sciences or Doctor of Sciences, approved by Decree of the Government of the Russian Federation of 05.05.2014 N 409 (hereinafter referred to as the Rules). Leave is provided at the expense and within the funds of the employer at the applicant’s main place of work with the preservation of the average salary for a period of three months, respectively, to prepare for the defense of a dissertation for the academic degree of Candidate of Sciences (clause 2 of the Rules). Clause 3 of the Rules establishes that the applicant notifies the employer of his intention to exercise his right to grant leave in writing no later than one year before the expected start date of the leave. The applicant is required to submit documents to the employer if he intends to take advantage of the right to study leave while maintaining average earnings. Mandatory documents include: written notification of the intention to exercise your right to grant leave (clause 3 of the Rules) (the employer must be notified no later than one year in advance); an extract from the dissertation council’s decision on accepting the dissertation for defense (the employer must be notified within 10 working days from the date of the dissertation council’s decision on accepting the dissertation for defense) (clause 5 of the Rules); an application for leave indicating its duration (the deadline for submitting the document to the employer is within 10 working days from the date of the dissertation council’s decision to accept the dissertation for defense) (clause 5 of the Rules). Thus, the applicant must complete Required documents and present them to specified deadlines. If the employee violates the requirements of the law, the employer has the right to reject the employee’s request for additional leave lasting from three to six months while maintaining the average salary at the place of work. In Solution Supreme Court RF dated December 11, 2014 N AKPI14-1225, it is recognized that the Rules were issued in accordance with clause 3 of Art. 4.1 of the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy", which gives the Government of the Russian Federation the authority to establish the procedure for granting persons admitted to the academic degree of Candidate of Sciences or Doctor of Sciences, at their main place of work, leave with the preservation of average wages lasting three and six months respectively. These Rules comply with current legislation. Based on the above, we can conclude that the applicant is obliged to notify the employer in writing no later than one year before the expected start date of the vacation of his intention to exercise his right to grant vacation. In the absence of such written notice, the employee may, in our opinion, be refused additional leave.

The employee presented an extract from the dissertation council on acceptance of the dissertation for defense and requests leave to prepare for the defense of the dissertation for the degree of Candidate of Sciences while maintaining the average salary. Is the employer obliged to provide this leave if the employee has not notified the employer of his intention to exercise his right to provide leave in writing no later than one year before the expected start date of the leave? The employee refers to the fact that he is defending himself within the established three-year period of postgraduate training. Is it legal for the employer to refuse to provide this leave?