It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees. This means transferring a copy of such a report to one employee means disclosing the personal data of other employees.< … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < … Сдача СЗВ-М на директора-учредителя: ПФР определился Pension fund finally put an end to the debate about the need to submit the SZV-M form in relation to the manager who is the sole founder.
Chapter 19. vacations
According to the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Regarding other parts of the vacation, no restrictions have been established by the Labor Code of the Russian Federation. This means that at least 14 days of vacation must be provided in a row, and the remaining days - in parts of any duration, including 1 day each, if the employee and employer have reached an agreement on this issue (see also letter Federal service on labor and employment dated July 17, 2009 N 2143-6-1).
According to part one of Art. 120 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days.
How many days of vacation are allowed per year?
Attention
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Law of November 24, 1995 No. 181-FZ) Teaching staff 42 or 56 calendar days depending on the position and type educational organization where he works teaching worker(Article 334 of the Labor Code of the Russian Federation, clause 3, part 5, article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466) Scientific workers with academic degree- 48 working days for doctors of science; - 36 working days for candidates of science. The specified extended leaves are provided scientists occupied staff positions in a scientific institution (organization) financed from federal budget(Resolution of the Government of the Russian Federation dated August 12, 1994 No. 949) Workers engaged in work with chemical weapons for 56 or 49 calendar days, depending on the group of work to which the employee’s “activity” is assigned. The assignment of works to the first or second group depends on the degree of their danger (Art.
Can vacation be less than 28 calendar days?
Vacation: number of days according to legislation and local regulations. The specified duration of vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees.
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The number of additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, local regulations of the organization (for example, internal rules labor regulations) or directly to employment contracts with employees. It is important that the costs of paying such additional vacation days cannot be taken into account for profit tax purposes (clause
24 Art. 270 of the Tax Code of the Russian Federation). Also, personal income tax will need to be withheld from the amount of their payment and charged insurance premiums(Clause 2 of Article 226 of the Tax Code of the Russian Federation, Clause 1 of Article 420 of the Tax Code of the Russian Federation).
Withdrawal from leave By agreement between the employee and the employer, annual paid leave may be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.
It is not allowed to recall from vacation workers under the age of eighteen, pregnant women and workers engaged in work with hazardous and (or) hazardous conditions labor. Article 126. Replacement of annual paid leave monetary compensation(edited)
Can a private owner provide 21 calendar days of vacation?
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People often ask: is vacation 28 calendar days or working days? Annual basic paid leave is calculated in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days. Dividing leave into parts An employee does not have to use all 4 weeks of his/her allotted leave at one time. Leave can be divided by agreement between the employee and the employer.
The division of vacation 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 (Article 125 of the Labor Code of the Russian Federation). 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.
Important
Federal Law dated 30.06.2006 N 90-FZ) Article 123. The order of granting annual paid leave The order of granting paid leave is determined annually in accordance with the leave schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.
(edited)
Federal Law of June 30, 2006 N 90-FZ) The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before it begins.
(edited)
Federal Law of June 30, 2006 N 90-FZ) temporary disability of an employee; performance by an employee during annual paid leave government duties, if for this purpose the labor legislation provides for exemption from work; (as amended by Federal Law No. 90-FZ of June 30, 2006) in other cases provided for by labor legislation and local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006) If the employee was not paid in a timely manner during the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon written application The employee is obliged to transfer the annual paid leave to another period agreed with the employee. (part two in ed.
Add to favoritesSend by email Calculation of vacation days in 2018 - an example and general algorithm of how vacation is calculated can be found in this article. How to calculate the duration of vacation: basic rules Calculating the length of vacation How to correctly calculate the vacation period if it falls on a holiday How to calculate vacation days in 2018 (example) Results How to calculate the duration of vacation: basic rules How to calculate the number of vacation days? An employer may have such a question, for example:
- when sending an employee on vacation and issuing him vacation pay;
- payment of compensation for unused vacation upon dismissal or without it.
In both cases, the calculation of calendar days of vacation occurs according to the general scheme. It is based on the basic holiday rule, which is contained in Art.
Duration of vacation - who is entitled to an extended vacation
Attention
In addition, the employee’s constant attempts to go on vacation during periods when holidays, personnel worker will definitely notice, and management’s conclusions on this matter are unpredictable. An application for vacation can be written in two ways, and it depends on whether the vacation period will be extended when it falls on holidays or postponed to another later period.
If the application specifies specific dates for going on vacation and leaving it, then the employee must begin his direct duties on the exact date indicated in the application. Example: The employee indicated a vacation period from June 1 to June 14, 2018, in this case the rest period will not be increased by 1 day (a holiday on June 12) and the return to work must occur on June 14, 2018.
The number of vacation days will be 13.
How to increase your vacation in 2018 without breaking the law
Civil servants holding senior and main positions have had their vacation reduced from 35 to 30 days, which means that, regardless of position, all civil servants will have the same amount of rest time. There have also been changes in the calculation of long service leave for civil servants, now:
- 1 day is added to civil servants for a period of work from 1 to 5 years;
- If the experience is from 5 to 10 years, plus 5 calendar days;
- For 10-15 days of service, 7 days are added;
- From 15 or more – 10 days of additional rest.
Important: now the duration of a civil servant’s vacation is 40 days with maximum length of service.
In 2017 - 2018, for irregular working hours, government officials have the right to increase vacation according to general requirements– 3 days.
Is the vacation extended if it falls on a holiday?
Non-working holidays in 2018 under Article 112 of the Labor Code Russian Federation The following non-working holidays are established in the Russian Federation: January 1, 2, 3, 4, 5, 6 and 8 - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Russia Day; November 4 is National Unity Day. According to Article 6 of the Labor Code of the Russian Federation, laws and other regulatory legal acts of bodies state power subjects of the Russian Federation may establish additional non-working holidays.
The corresponding norm is also contained in the “Resolution” of the Presidium Supreme Court RF dated December 21, 2011 N 20-ПВ11 and in paragraph 8 of the letter of the Ministry of Labor of Russia dated July 10, 2003 N 1139-21.
Calculation of the number of vacation days in 2018 - example
Dismissal of a parent of a disabled child: there are specifics In the case where an organization plans to reduce staff and, among others, an employee who is the parent of a disabled child falls under this reduction, the date of his dismissal may have to be postponed or even retained for him workplace. < … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < … Отказ банка в проведении операции можно обжаловать Банк России разработал требования к заявлению, которое клиент банка (организация, ИП, физлицо) может направить в interdepartmental commission in the event that the bank refuses to make a payment or enter into a bank account (deposit) agreement.< …
Production calendar for 2018
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The number of days of paid vacation provided is fixed in the internal documents of enterprises. When drawing up the T-7 form, the period worked by the employee of the enterprise, the wishes of the employees and production necessity. The vacation schedule includes both basic and additional vacations for employees. A sample T-7 form can be downloaded here: Vacation schedule (unified T-7 form) What determines the duration? The Labor Code of the Russian Federation establishes vacation periods for various categories of employees and types job responsibilities. The length of the vacation period is determined regardless of whether the working day is full or part-time according to the terms of the employment contract. Annual vacations The main vacation period in accordance with the provisions of Art. 115 of the Labor Code of the Russian Federation is 28 days in calendar terms.
In what parts can you take annual leave?
The vacation schedule has been approved and compliance with it is mandatory for the employee in all cases, except those specified by law. Transfer of vacation is allowed in the event of performance of government duties, illness, or lack of timely payment of vacation pay.
Study leaves Study leaves are not related to the period for calculating the main leave. Days for study or admission to study are provided on the basis of a certificate from the educational institution.
Attention
The period of study gives the right to the next annual leave. How to calculate correctly? The countdown of the period giving the right to leave begins with the month of employment.
You can determine how vacation is considered using the Labor Code of the Russian Federation. Example: A.A. Sidorov, mechanic at the Oktyabr enterprise, hired on November 12, 2014.
The opportunity to receive annual leave arose after 6 months of continuous work at the enterprise, i.e., from May 13, 2017.
Gramota.ru
Info
Vacation: number of days according to legislation and local regulations. The specified duration of vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees.
The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, internal labor regulations) or directly in employment contracts with employees. It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (clause
24 Art. 270 of the Tax Code of the Russian Federation). Also, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (clause 2 of Article 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).
How many days of vacation are allowed per year?
The right to rest is enshrined in the Constitution of the Russian Federation. An employee's vacation is a social guarantee, and the amount of the paid vacation period for employees is reflected in the labor and collective agreements of enterprises. Regulatory framework The procedure for providing rest and how many days employees are entitled to leave according to the law are established in Chapter 19 of the Labor Code of the Russian Federation.
Labor Code of the Russian Federation The Code contains the procedure for granting leaves, their types, duration depending on the category of persons or work, the possibility of receiving compensation and other important conditions for employees. Paid annual holidays provided:
- Full-time employees.
- Part-time workers hired under employment contracts.
- Temporary workers employed by fixed-term contracts for a period of more than 2 months.
The sequence and timing of employees' vacation periods are approved by order and vacation schedule of form T-7.
Fourteen calendar days/days
How many days of vacation is an employee entitled to? By general rule the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). People often ask: is vacation 28 calendar days or working days? Annual basic paid leave is calculated in calendar days (Art.
120
Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days. Dividing leave into parts An employee does not have to use all 4 weeks of his/her allotted leave at one time.
Leave can be divided by agreement between the employee and the employer. The division of vacation 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.
125 Labor Code of the Russian Federation). 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.
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And since labor legislation does not regulate how many parts the vacation can be divided into, and accordingly, their duration; the remaining 14 days can be provided to the employee in parts of any length in such a way that they will fall only on working days or only on weekends, or on both others in any ratio (see also the appeal ruling of the Penza Regional Court of the Investigative Committee of June 19, 2012 No. 33-1365). We also note that according to Art. 8 of the Convention International Organization Labor No. 132 on paid vacations (hereinafter referred to as the Convention), which came into force for the Russian Federation on September 6, 2011, when dividing vacation into parts, one of the parts of the vacation must be at least two continuous working weeks.
In other words, Art. 8 of the Convention as well as Art.
Vacation - according to the law? The personnel officer is fooling around and is confused herself. tell…
In total, for a full year of work, 28 calendar days of basic leave are provided. For each month worked 28 days: 12 months. = 2.3 days of vacation. Weekends - Saturday, Sunday or others according to the work schedule (if shift work) are also included in the duration of vacation. However, established Labor Code Holidays are excluded from the duration of vacation. 4 In total, for a full year of work, 28 calendar days of basic leave are provided. For each month of work provided: 28 days/12 months. = 2.3 days of vacation. Video on the topic Please note All employees, including part-time workers, have the right to 28 days of vacation each year. Useful advice When calculating the period of work that gives rise to entitlement to leave, part-time employees receive leave of the same duration as employees performing similar full-time work.
How to count vacation days
The employer saves wages, but is forced to do without the employee more working days. This option is good for the employee because he has a rest more days, however wages it will be less with the same amount of vacation pay. Please note that the employee and employer must agree on both the fact of dividing the vacation and the duration of each part. Any party to the employment contract may take the initiative to divide the vacation into parts.
However, neither the employer nor the employee can demand that the vacation be divided into parts according to their own option. In particular, the employer has the right to disagree with the option of dividing the vacation into parts, which is proposed by the employee, but does not have the right to divide the employee’s vacation into parts at its own discretion. When refusing to split a vacation into parts for an employee, the employer is not required to give reasons for his decision.
However, in billing period The employee was granted leave without pay for a period of 1 month. By law, only 14 days of the period give the right to leave. 16 days are added to the 6 month billing period. Sidorov A.A. has the right to leave. will only arise from May 29, 2017. An employee’s right to a full vacation period arises after 12 months of service. this enterprise. If an employee goes on vacation earlier than expected (after 6 months from the start of employment), he is given a portion of the vacation. Questions in a number of cases arise when determining days of additional leave. To receive the benefit, you must work for a period of at least 11 months under special working conditions. If the employee has not worked the entire period, an additional rest period is provided in accordance with working conditions, with the number of days determined by calculation.
Vacation for 10 calendar days or days
The Labor Code of the Russian Federation establishes the minimum duration of only one part of the vacation. The Convention also does not provide for any reservations that weekends (Saturday and Sunday) must be included in the number of vacation days. Consequently, the employee and the employer can agree on how many days off and how many working days will fall on the part of the vacation exceeding 14 calendar days, including the provision of the remaining part of the vacation only on working days, not including weekends. Weekends adjacent to the part of the vacation agreed upon by the parties are not automatically added to it (letter of Rostrud dated July 17, 2009 N 2143-6-1). Providing an employee with vacation on working days bordering on weekends, without including the latter in the number of calendar days of vacation, has its positive and negative sides for each of the parties.
The minimum period of main leave is 28 days. In Art. 115 of the Labor Code of the Russian Federation also provides the concept of extended vacation.
Certain categories of persons have their own minimum periods: Employees educational institutions and other teachers are granted leave from 42 to 56 days. Industry legislative acts determine the category of positions who are entitled to 56 calendar days of leave.
The employer can independently establish additional leave beyond regulatory requirements. Payment is made at the expense of the enterprise and is not included in expenses to determine the taxable base.
In what cases is it possible to extend or divide the total number of days? An employee of an enterprise receives basic leave annually. The employee must receive half of the vacation period - 2 weeks - at once; for the rest of the period, it can be split up throughout the year.
The contract contains the following condition: The Supplier, after concluding the Contract, within 21 (twenty-one) calendar days from the date of receipt of the specification, According to clause 14.13 In case of delay in the provision by the Supplier of the completed bank guarantee fulfillment of the terms of the Agreement for more than 10 (Ten) working days from the date established in clause 13.1.1 of the Agreement or more than 10 (ten) working days from the date of signing the additional agreement, in accordance with clause 13.1.1. The Supplier pays the Buyer a penalty for each day of delay - 5,000 (five thousand) rubles - for a specification amount of up to 1,000,000 rubles. The bank guarantee is provided 40 days after signing the specification. The customer charges a penalty for 19 days. delays. Is the calculation correct? Or is it correct to accrue a penalty for 9 days? Is the penalty accrued for the additional period provided?
Answer
The following judicial practice indirectly proceeds from the fact that these 10 days create only “immunity” from penalties for the period of their validity only. If this period is exceeded, they are included in the penalty.
The rationale for this position is given below in the materials of the Lawyer System.
Resolution 18 AAS dated June 26, 2014 No. A07-23531/2013
“In addition to the obligation that is directly the subject of the supply agreement, the parties provided for other (related) obligations, in particular, the supply agreement stipulates that the supplier is obliged to provide the buyer with an irrevocable bank guarantee of fulfillment of the terms of the supply agreement (clause 13.1 of the supply agreement).
Clause 13.1.1 of the supply agreement stipulates that the supplier, after concluding the supply agreement, within 21 (twenty-one) calendar days from the date of receipt of the specification, transfers to the buyer the original irrevocable bank guarantee of fulfillment of all its obligations under the specification, indicating the buyer as the beneficiary of the guarantee. The warranty period is from the date of its issuance until the expiration of 90 calendar days from the date of delivery of the last batch of products according to the specifications to this agreement. The guarantee amount is determined at the rate of 10 percent of total cost supplied products according to specifications, taking into account value added tax.
The supply agreement, as well as specifications No. 37388-23216-UTNP-12 and No. 7387-REN-UTNP-12, which are an integral part of the agreement, an additional agreement to the supply agreement, were received by Gidromash-Holding CJSC on January 25, 2012, respectively, the last day of transfer the bank guarantee was dated February 15, 2012.
March 29, 2012 from cover letter CJSC "Gidromash-Holding" dated March 20, 2012 No. 122/1, OJSC "Uraltransnefteproduct" received a bank guarantee in fulfillment of the terms of the agreement dated March 6, 2012 No. GUAR29091.
Taking into account clause 14.13 of the supply agreement, the violation of the period for providing an irrevocable bank guarantee amounted to 27 days (from 03/02/2012 to 03/28/2012).
The calculation of the contractual penalty given in the claim was verified by the court and found correct: * according to specification No. 37388-23216-UTNP-12 - 1,350,000 rubles. and according to specification No. 7387-REN-UTNP-12 - 135,000 rubles. Only 1,485,000 rubles.”
“According to clause 14.13 of the supply agreement (as amended by the additional agreement), in the event of a delay in the provision by the supplier of an issued bank guarantee of fulfillment of the terms of the agreement for more than 10 working days from the date established in clause 13.1.1 of the agreement or for more than 10 working days from the date upon signing the additional agreement, in accordance with clause 13.1.1 of the agreement, the supplier is obliged to pay the buyer a penalty for each day of delay in the amount of 5,000 rubles for a specification amount of up to 1,000,000 rubles; 0.5% of the specification amount for each day of delay, no more than RUB 50,000. per day with a specification amount of more than 1,000,000 rubles.
Taking into account the provisions of clause 14.13 of the supply agreement, the violation of the period for providing an irrevocable bank guarantee is 27 days (from 03/02/2012 to 03/28/2012).
The calculation of the contractual penalty by the court in the decision is given, verified and found correct.”
* This is how part of the material is highlighted that will help you make the right decision.
Sincerely, Arsen Magamaev, expert of the Lawyer Sistema Lawyer
Answer approved by Victoria Rybalkina,
head Hotline"Systems Lawyer"
Professional help system for lawyers, in which you will find the answer to any, even the most complex question.
Due to the fact that Friday is influenced by Venus, this day, as a rule, pleases us with dreams associated with romantic experiences. It is on this day that we can see in our dreams those people whom we most strive to get closer to, and it is also on Friday that we can feel the influence of our own creative energy on our dreams.
A good sign for this day is to receive sums of money, in that case should be prepared for immediate satisfaction own desires . Negative for this day is the plot associated with the loss of something; it hints at the scarcity of personal life in the future and general dissatisfaction with oneself. In dreams in which loved ones are present, you should pay attention to what shade the dream itself carries; if the emotions are positive, then there will be no troubles in the relationship.
What is the effect of the 21st day of the month on sleep?
On this day you can see a variety of dreams, but not many of them are significant. The whole point is that on this day you should pay attention only to those dreams that are well remembered. If the dream cannot be completely recreated in memory, it is better not to start interpreting it, since you can make many mistakes and mislead yourself.
A distinctive feature of dreams of this day- is that they are not directly related to the dreamer, but indicate upcoming events in the life of those around him in the future. The dream will come true if the dreamer is unable to watch it to the end, that is, the dream is interrupted at some key point in the storyline.
If the dream of that day was full of memorable scenes, vivid or frightening- it will certainly come true, but not so soon, but after a long period of time. Negative dream symbols of this day include any images that can frighten or leave a feeling of despair or fear in the sleeping person in the morning.
Dreams in which non-vivid events and symbolic images occur- as a rule, on this day they are meaningless and you should not pay attention to them.
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