Scroll: Quote
Allegra wrote:
Let's see what the Labor Code of the Republic of Belarus tells us about this.nata-zotova wrote:
Why doesn't the working year change?Solei wrote:
If the director previously only had work days, then you do not shift his working year.
And for the second employee, can you take no more than 30 days per working or calendar year?
Scroll: art. 165 TK - click on the scroll!
Article 165. Conditions under which the working year is shifted
If the sum of the periods included in the working year in accordance with Article 164 of this Code is less than 12 full calendar months, the employee’s working year is shifted to the missing time.
Scroll: Click on the scroll - there is art. 164 TK!
Article 164. Periods included in the working year
The working year for which labor leave is granted includes the time actually worked.
The following are equivalent to actual time worked:
1) the time that the employee did not work, but, in accordance with the law or a collective agreement, he retained his previous job and salary or was paid state social insurance benefits, with the exception of the time of parental leave until he reaches the age of three years;
2) the time of unpaid vacations provided for by law or collective agreement, if these vacations do not exceed 14 calendar days during the working year;
3) time of paid forced absence;
4) other periods that do not meet the conditions of paragraphs 1–3 of this article, but in respect of which the legislation or collective agreement or agreement provides for their inclusion in the working year.
During the labor leave, both the previous job and salary are retained. Therefore, the time period of labor leave refers to the time actually worked. When granting labor leave (both main and additional, if any), the working year does not shift.
Regarding your second question, you need to readFor family and domestic reasons, for work on a dissertation, writing textbooks and for other valid reasons in addition to those provided for in part one of Article 189 of this Code, an employee, upon his written application, may be granted leave without pay for no more than 30 days during a calendar year. calendar days, unless otherwise provided by the collective agreement or agreement.
The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement or agreement.
The employee's working year is from 07/01/2012 to 06/30/2013. During the working year 30 k.d. - leave without pay in the calendar year 2012. Also, the number of vacation days in the calendar year 2013 is still unknown to us (you did not write how many days of vacation the employee plans to take in February).On 07/01/2012, from 11/01/12 to 11/30/2012, he took a vacation at his own expense, is it possible for him to take a vacation at his own expense in February 2013 and how will the working year shift then?
What do you need to do. Sum up 30 k.d. (for the 2012 calendar year) and N k.d. (for 2013), subtract 14 k.d. from the resulting number of days. (see Article 164 of the Labor Code). And shift the working year by the remaining number of calendar days, but this must be done at the end of the working year from 07/01/2012 to 06/30/2013, but not in the middle of it. Because you also need to take into account other periods that do not relate to the actual time worked.
Edited by moderator according to forum rules ()
The employee was hired on 08/08/2012. During the periods of work 08.08.2012-07.08.2013 and 08.08.2013-07.08.2014, the employee used 108 days of vacation (she is entitled to 64 days of vacation per year, which means the rest of the vacation for two years is 20 days). The employee did not take advantage of the right to pay the cost of travel to the place of vacation for the period 08/08/2012-08/08/2014. Then the employee goes on maternity leave on November 5, 2014. On 04/26/2015 he interrupts this leave, and on 04/28/2015 he goes on maternity leave again. From 06/01/2015, the employee starts working part-time (while on maternity leave). Did we correctly shift the employee’s working year - 08/08/2014 - 03/03/2015 and, accordingly, the next working year 03/04/2015 - 03/03/2016??? Does the following period look correct in which an employee can exercise the right to pay the cost of travel to a place of rest - 08.08.2014-03.03.2016??? Remaining vacation days 36 days?????
Answer
Answer to the question:
The period of parental leave is not included in the length of service giving the right to annual leave. At the same time, days of part-time work during parental leave are included in the length of service giving the right to annual leave on a general basis.
In such a situation, the employee’s end date is shifted by the number of calendar days required to assign annual paid leave. This follows from the provisions of the Labor Code of the Russian Federation.
Therefore, the employee’s working year must be shifted to the period of her stay on maternity leave before returning to work during this leave.
05.11.2014-25.04.2015 - 5 months. 20 days;
04/28/2015-05/31/2015 - 1 month. 3 days.
In total, the working period needs to be shifted by 6 months. 23 days.
Hence:
- the working year will be 08.08.2014-01.03.2016, the next working year will be 02.03.2016-01.03.2017;
- The two-year period for paying for vacation travel will be 08/08/2014-03/01/2017.
Over the past period, the employee had 20 calendar days of unused vacation. For the working year 08.08.2014-01.03.2016, she is entitled to another 64 days, for a total of 84 calendar days of vacation.
Details in the materials of the Personnel System:
Nina Kovyazina
The employee is given vacation for each year of work (). Moreover, each employee has his own individual working year, for which he is provided with vacation. This year is reflected in the column “For the period”.
The working year, as a rule, does not coincide with the calendar year. Because the beginning of the first working year is counted from the moment the employee is hired. For example, if an employee got a job on December 1, 2014, then his first working year is generally the period from December 1, 2014 to November 30, 2015. The second working year is from December 1, 2015 to November 30, 2016, etc.
In some cases, an employee's working years need to be calculated in . This need arises if an employee has periods that are not included in the length of service that gives the right to leave.
Thus, the length of service giving the right to basic leave does not include:*
- the time an employee is absent from work without good reason, including in the cases provided for;
- time of parental leave until the child reaches three years of age;
- time provided at the employee’s request, exceeding in total 14 calendar days in a working year.
The rest of the time is included in the length of service giving the right to basic leave. Including this:
- actual work time;
- the time when the employee did not actually work, but in accordance with the law, his place of work was retained (illness, annual paid leave, holidays, medical examination, etc.);
- time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
- the time of suspension from work of an employee who did not undergo a medical examination through no fault of his own;
- time provided at the request of the employee, not exceeding 14 calendar days in the working year;
- other periods of time provided for by a local act of the organization, labor or collective agreements.
2. Answer: Can an employee be granted annual leave if they work part-time or work from home during parental leave?
Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment
No, you can't.
Current legislation does not provide for the possibility for an employee to be on two vacations at the same time. Therefore, an employee who is on parental leave and works part-time or from home is not granted annual leave during the same period. However, days of part-time work or days of work from home are included in the length of service that gives the right to annual leave on a general basis.
If necessary, the employee can take care of the child in general. And at the end of the annual leave, re-apply for parental leave and desire to continue working part-time or at home.
Similar explanations are given in. The legitimacy of this approach was confirmed by the Plenum of the Supreme Court of the Russian Federation in.
Editor's tip: It makes sense to interrupt parental leave and take annual leave only if the employee is interested not only in taking a break from work, but also in receiving money - vacation pay. At the same time, the employee can apply for child care benefits for up to 1.5 years during the period of annual leave.
If an employee only wants to temporarily leave work, he can at any time work part-time or at home and go about his business while on parental leave and retain the right to receive benefits.
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health
In such a situation, the employee’s end date is shifted by the number of calendar days required to assign annual paid leave. This follows from the provisions of the Labor Code of the Russian Federation. Similar explanations are given in.
An example of determining a working year if an employee had a long unpaid leave
Accountant V.N. Zaitseva joined the organization on January 11, 2011. Accordingly, her first working year lasted from 11 January 2011 to 10 January 2012, inclusive. The employee used her vacation in full this year.
From February 1 to February 22, 2012 (22 calendar days), the employee, based on her application, was granted leave without pay.
Of the 22 calendar days of leave at your own expense, only 14 days in the working year are included in the length of service giving the right to annual paid leave. The remaining 8 calendar days (22 days - 14 days) are excluded from the length of service giving the right to leave.
In October 2012, the employee was granted basic annual paid leave. At the same time, her working year, which the HR specialist reflected in the vacation order, was the period from January 11, 2012 to January 18, 2013. That is, the end of the working year did not fall on January 10, 2013, but shifted by 8 calendar days, which were not included in the length of service giving the right to vacation.
An example of determining a working year if an employee was on parental leave
Cashier A.V. Dezhneva was hired on December 20, 2011. That is, initially her working year is equal to the period from December 20, 2011 to December 19, 2012. However, before the end of this period, the employee went on maternity leave, which lasted 2 years, 9 months and 21 days.
To calculate Dezhneva’s new working period, it is necessary to add the duration of maternity leave to the original end date of the working year:
Thus, the employee’s extended working year is equal to the period from December 20, 2011 to October 10, 2015. This means that her next working year, in general, will be from October 11, 2015 to October 10, 2016, unless there are other days in this period that are not included in the length of service giving the right to leave.
With respect and wishes for comfortable work, Yulia Meskhia,
HR System expert
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How to calculate the vacation period for an employee if during the year he took unpaid leave exceeding 14 days?
Consultation provided on August 18, 2014.
Article 114 of the Labor Code of the Russian Federation
In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. Paid leave of a set duration must be provided to the employee annually, that is, for each working year (Article 122 of the Labor Code of the Russian Federation, clause 1 of the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 N 169*(1)).
Right to vacation
The first working year begins on the day the employee is hired and ends after 12 months, included in the length of service giving the right to leave. The next working year begins immediately after the end of the previous one (see also letter of Rostrud dated December 8, 2008 N 2742-6-1). In this case, the end (beginning of the next) working year may be shifted due to the fact that some periods of time are not included in the length of service giving the right to annual basic paid leave, in accordance with Art. 121 Labor Code of the Russian Federation.
Article 121 of the Labor Code of the Russian Federation
In accordance with part one of Art. 121 of the Labor Code of the Russian Federation, the time of unpaid leave granted at the request of an employee, not exceeding 14 calendar days during the working year, is included in the length of service giving the right to annual basic paid leave.
Paid leave if you have leave at your own expense
This means that if an employee was on vacation (vacations) without pay for more than 14 calendar days during the working year, then vacation days exceeding this number are not included in the “vacation period”. Accordingly, the end date of the working year is shifted by the number of vacation days exceeding 14 (see also the appeal ruling of the Investigative Committee for civil cases of the Court of the Khanty-Mansiysk Autonomous Okrug dated May 28, 2013).
An example of calculating vacation if you have vacation at your own expense
Let us assume that during the working year that began on June 3, 2013, the employee was granted unpaid leave of 25 calendar days. In this case, the end of the working year is postponed by a number of days exceeding 14, that is, by 11 calendar days; accordingly, the end day of this working year will not be 06/02/2014, but 06/13/2014.
Prepared answer:
Expert of the Legal Consulting Service GARANT
From a letter to the editor:
“An employee of our organization wrote an application for leave from July 10, 2017 for the working year from June 15 of last year to June 14 of this year. During this period, the employee took leave without pay to take the fall and spring exam sessions. The employee is receiving her first higher education in absentia; she entered into an agreement with the educational institution independently. In total, the employee took leave for 47 calendar days.
Is it necessary to shift the working year in this situation?
Best regards, Accountant Alla Petrovna"
Yes, the working year for providing labor leave will shift by 33 calendar days. Please note that despite the fact that the leave without pay lasted 47 calendar days, the working year is shifted by 33 calendar days. I propose to consider the features of shifting the working year. After all, it is very important to calculate the working year when paying compensation for unused vacation upon dismissal of an employee.
What is a working year for the purposes of providing labor leave?
The working year for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the date of hiring (Article 163 of the Labor Code of the Republic of Belarus; hereinafter referred to as the Labor Code).
The start date of the first working year is considered to be the first day of work for the employer, the start date of the second year and subsequent years is the date following the end date of the previous working year.
The end date of the working year is determined in the following order (unless the employee has periods of absence from work that are not included in the working year): the day of admission or the beginning of the current working year plus 12 months. This is the general rule for calculating the working year.
Example 1
Determining the date of the first working year
The working year for receiving labor leave for a given employee is calculated from the date of hire, the first working year for receiving labor leave is the period from June 5, 2016 to June 4, 2017.
Time included in the working year
The working year for which labor leave is granted includes:
1) actual time worked;
2) the time that the employee did not work, but in accordance with the law or a collective agreement, his previous job and salary were retained or he was paid state social insurance benefits, with the exception of the time of leave to care for a child up to 3 years old;
3) the time of unpaid vacations provided for by law or collective agreement, if these vacations do not exceed 14 calendar days during the working year;
4) time of paid forced absence;
5) other periods in respect of which legislation or a collective agreement or agreement provides for their inclusion in the working year (Article 164 of the Labor Code).
In your situation, we are talking about unpaid leave provided in connection with training. Employees who successfully master the content of educational programs while receiving specialized secondary and higher education in correspondence form are granted leave of up to 20 calendar days in the 1st and 2nd years and up to 30 calendar days in the academic year for the period of the installation or laboratory examination session in the academic year. 3rd and subsequent courses (Article 216 of the Labor Code). Thus, the period that an employee is on leave without pay, exceeding 14 calendar days, unless the terms of the collective agreement provide for a longer period, cannot be included in the working year.
Let's look at specific examples of how the working year shifts.
Example 2
The working year does not change
The employee has the right to labor leave for the period of work from June 5, 2016 to June 4, 2017. During this period, the employee was granted social leave for family and domestic reasons for 10 calendar days from April 3 to April 12, 2017 (clause 3 of Art. . 164 TK).
In this situation, the working year does not shift when granting leave, since the leave does not exceed 14 calendar days per year.
Example 3
Determination of the working year after the end of parental leave for up to 3 years
The employee was hired on February 2, 2016. The working year for which she should be granted labor leave is from February 2, 2016 to February 1, 2017. On August 10, 2016, the employee submitted a certificate of incapacity for work for pregnancy and childbirth with a duration of 126 calendar days days for the period from August 15 to December 18, 2016. In December, the employee additionally submitted a certificate of incapacity for work for pregnancy and childbirth, issued in connection with complicated childbirth for the period from December 19, 2016 to January 1, 2017 (14 calendar days). After the end of maternity leave on January 2, 2017, she was granted leave to care for a child up to 3 years old.
The working year for granting a worker leave is calculated taking into account the following periods:
During the period of work before maternity leave is granted, i.e. period from February 2 to August 14, 2016 (195 calendar days);
During maternity leave, i.e. period from August 15 to December 18, 2016 (126 calendar days);
During maternity leave due to complicated childbirth, i.e. period from December 19, 2016 to January 1, 2017 (14 calendar days);
The period of work after leaving parental leave for a child up to 3 years (or interruption) lasting 30 calendar days (if there are 365 calendar days in a year) or lasting 31 calendar days (if there are 366 calendar days in a year).
Example 4
Calculation of days for which compensation for unused vacation is paid
The employee was hired on October 3, 2016. In April 2017, he was on leave for 12 calendar days. In addition, the employee was granted social leave for family and domestic reasons for a duration of 45 days. The employee wrote a letter of resignation of his own free will on July 10, 2017. The duration of the employee’s leave is 24 calendar days.
When dismissing an employee, it is necessary to pay him monetary compensation for unused leave.
The employee was granted social leave without pay, so 31 days (45 - 14) must be excluded from the calculation period. The period from October 3, 2016 to July 10, 2017 includes 280 days, from which 31 days must be excluded: 280 - 31 = 249 days.
The number of full months worked by the employee by the day of dismissal is 8 (249 / 29.7 = 8.38).
Taking into account the duration of the labor leave, the employee is entitled to 16 calendar days for the period of his work (24/12 months × 8 months). Since the employee used 12 calendar days, upon dismissal it is necessary to pay compensation for 4 calendar days of unused vacation.
For comparison, let’s calculate the days of compensation for unused vacation if the employee were not on social leave.
The number of full months worked by the employee by the day of dismissal in this case is 9 (280 / 29.7 = 9.4). Taking into account the length of the labor leave, the employee would be entitled to 18 calendar days for the period of his work (24/12 months × 9 months); upon dismissal, compensation must be paid for 6 calendar days of unused vacation.
As can be seen from the examples, the shift in working year must be taken into account when calculating vacation pay.
Let's return to your question. As I already said, it is necessary to shift the working year by 33 calendar days, i.e. the end of the working year in this case will not be on June 14, 2017, but on July 17, 2017. The next working year will begin on July 18, 2017 and end on July 17, 2018 (if it is not necessary to make a new shift).
I hope I was able to explain to you how and for what purposes it is necessary to shift the working year.
Sincerely yours, Olga Pavlovna
The long-awaited summer is getting closer, which means that the holiday season is coming. To provide them correctly, the employer must determine the employee's working year. Let's figure out what periods are included in it and when the working year is subject to shift.
What is a working year?
The employer needs to distinguish between the concepts of working year and calendar year. So, a calendar year is always a period of time from January 1 to December 31. A working year is a period of time equal in length to a calendar year, but calculated for each employee separately from the date of hiring<1> .
The working year is calculated by the employer to determine the period for which leave must be provided to the employee.
For all types of labor leave (main and additional), the working year is calculated the same way. Special rules for calculating it are established only for additional leave for work with harmful and (or) dangerous working conditions and the special nature of the work<2>. Each subsequent working year is counted from the day following the last day of the previous working year.
When calculating the working year, it is important to take into account all the periods that are included in it and which must be excluded.
Periods included in the working year
| N | Periods included per working year |
Examples of periods included in the working year |
Legal norm |
| 1 | actual time worked | time worked, including overtime and during business trips | Part 5 art. 133 TK |
| main and preparatory and final operations | Part 8 art. 133 TK | ||
| breaks provided for by technology, labor organization, rules of its technical regulation and protection | Part 8 art. 133 TK | ||
| 2 | social leave without pay, but not more than 14 days in total | at the request of the employee | Part 1, 2 art. 189 TK |
| at the initiative of the employer | Part 1 art. 191 TK | ||
| for family reasons | Part 1 art. 190 TK | ||
| for work on a dissertation | Part 1 art. 190 TK | ||
| for writing textbooks | Part 1 art. 190 TK | ||
| for training | Art. 212, 219, part 5 art. 216 TK | ||
| while serving in reserve | Part 4 art. 62 of the Law of November 5, 1992 N 1914-XII | ||
| 3 | periods of payment of state benefits to an employee | temporary disability | Part 3 art. 184, paragraph 2, part 1, art. 164 TK |
| leave for the person who adopted the child or his guardian | Part 1 art. 266 TK | ||
| 4 | the time when an employee retains his job and salary | labor leave | Part 1, clause 1, part 2, art. 150 TK |
| leave at the initiative of the employer with partial pay | Part 1 art. 191 TK | ||
| educational leave | Art. 208, part 1 – 4, 6 art. 216 TK | ||
| employer-directed training | Art. 102 TK | ||
| downtime due to the fault of the employer | Parts 1 and 3 art. 34 TK | ||
| performing state or public duties | Part 1 art. 101 TK | ||
| introduction of inventions or innovation proposals | Art. 105 TK | ||
| being undergoing a medical examination (examination) | Art. 103, part 6 art. 228, part 2 art. 275 TK | ||
| being examined and donating blood | Art. 104 Labor Code, part 2, 4 art. 31, part 2 art. 31-1 of the Law of November 30, 2010 N 197-З | ||
| 5 | time of paid forced absence | from the day following the day of illegal dismissal until reinstatement at work | Item 4, part 1, art. 164, Part 1, Art. 2 244 TK. |
| 6 | others | provided for by a collective agreement or legislation | Clause 5, part 1, art. 164 TK. |
Example. The collective agreement of the organization stipulates that the working year includes all days of social leave provided to the employee for service in the reserve
Periods not included in the working year
The working year for which labor leave is granted does not include:
– parental leave until the child reaches the age of three;
– days of absenteeism without good reason;
– days of social leave without pay (hereinafter referred to as wages) exceeding 14 days, unless otherwise provided by the collective agreement or legislation.
Work year offset
If the duration of the working year is less than 12 full calendar months, the employee’s working year is shifted to the missing time<5> .
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