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According to the Labor Code, the employer must provide leave to a child under 18 years of age who works under an employment contract at any time convenient for him. And the duration of annual paid leave for such persons is 31 calendar days (Article 267 of the Labor Code of the Russian Federation).
What does it mean? First of all, the condition of 6 months of continuous work with one employer, after which an ordinary employee has the right to leave (Article 122 of the Labor Code of the Russian Federation), does not apply to a minor employee. He has the right to write a leave application even after a month of work. Moreover, for all 31 days of vacation allotted to him, regardless of how many days of vacation he earned. The employer will have to meet him halfway, although this will probably be unprofitable. Therefore, in such a situation, it makes sense for the employer to try to agree with the employee on dividing the vacation into parts, which is permissible under the Labor Code of the Russian Federation.
By the way, if such an employee under the age of 18 exercises his right to early annual paid leave, takes it all off, and does not work for his employer for a year, then upon dismissal he will be able to withhold unearned vacation pay. However, the amount of deductions cannot exceed 20% of the payments that he will need to transfer in connection with the dismissal (Articles 137, 138 of the Labor Code of the Russian Federation).
Other “vacation” guarantees for minor workers
In addition to the longer duration of vacation and the ability to use it at any time, other guarantees are provided for workers under the age of 18 in the Labor Code of the Russian Federation. Thus, the annual leave of a minor employee:
- cannot be postponed to the next year, for example, due to production needs. That is, during the year the child must go on vacation without fail (Article 124 of the Labor Code of the Russian Federation);
- cannot be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation).
In addition to the above, such an employee cannot be recalled from the next vacation (Article 125 of the Labor Code of the Russian Federation).
If the leave is taken after adulthood
Minor workers have the right to enjoy all the preferences that are provided for them by the Labor Code of the Russian Federation until they turn 18 years old. But what if the employee was hired as a minor and goes on vacation after he turns 18? In such a situation, does he have the right to count on 31 days of vacation?
The Supreme Court answered this question at one time: the duration of an employee’s vacation should be determined “in proportion to the time worked before and after reaching the age of majority” (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).
Let's explain with an example. Let’s say an employee worked in the organization for 8 months before coming of age, another 1 month after coming of age, and then must go on vacation. Then:
- for the period from the date of hiring until the age of 18, the employee is entitled to a vacation of 20.67 days (31 days / 12 months x 8 months);
- for the period after turning 18 years old until the first day of vacation - lasting 2.33 days (28 days / 12 months x 1 month).
Thus, an adult employee must be granted leave for a total of 23 calendar days (20.67 days + 2.33 days).
If vacation is not used in full before dismissal
When dismissing a minor employee who has not exercised his right to leave, including partially, he must be paid compensation based on 2.58 days (31 days / 12 months) for each month he worked (Article 127 of the Labor Code of the Russian Federation) .
Employees are provided with annual leave while maintaining their place of work (position) and average earnings.
Article 115. Duration of annual basic paid leave
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.
Article 116. Annual additional paid leave
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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.
Article 118. Annual additional paid leave for the special nature of work
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.
Article 119. Annual additional paid leave for employees with irregular working hours
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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 - local government bodies.
Article 120. Calculation of the duration of annual paid leave
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.
Article 121. Calculation of length of service giving the right to annual paid leave
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The length of service that gives the right to annual basic paid leave includes:
actual work time;
time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;
time of forced absence due to 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 undergone a mandatory medical examination (examination) through no fault of his 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 length of service that gives the right to annual basic paid leave does not include:
the time the employee is absent from work without good reason, including due to 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.
Article 122. Procedure for granting annual paid leave
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
for women - before maternity leave or immediately after it;
employees under eighteen years of age;
employees who adopted a child (children) under the age of three months;
in other cases provided for by federal laws.
Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 123. Sequence of granting annual paid leave
The order of provision of paid vacations is determined annually in accordance with the vacation 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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. 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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 124. Extension or postponement of annual paid leave
Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:
(as amended by Federal Law No. 90-FZ of June 30, 2006)
temporary disability of the employee;
the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;
(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 promptly paid for the period of 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 a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.
Article 125. Division of annual paid leave into parts. Review from vacation
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.
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.
Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.
Article 126. Replacement of annual paid leave with monetary compensation
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of eighteen, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (with the exception of payment of monetary compensation for unused vacation upon dismissal).
Article 127. Exercise of the right to leave upon dismissal of an employee
By letter of Rostrud dated 09.09.2010 N 2725-6-1 it was reported that until the entry into force of Convention N 132 of the International Labor Organization “On Paid Leave”, the provisions of this article continue to apply that upon dismissal, the employee is paid monetary compensation for all unused vacations.
Upon dismissal, the employee is paid monetary compensation for all unused vacations.
The employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the last day of work of the employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).
Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.
Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when 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.
When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.
Article 128. Leave without pay
For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, based on a written application from the employee, to provide leave without pay:
participants of the Great Patriotic War - up to 35 calendar days a year;
for working old-age pensioners (by age) - up to 14 calendar days per year;
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;
for working disabled people - up to 60 calendar days per year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;
in other cases provided for by this Code, other federal laws or a collective agreement.
The legislation of the Russian Federation takes care of minor employees, giving them certain benefits for their work. In addition to reduced working hours, there are some nuances regarding leave for minor workers.
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You need to know what types of leave there are and how to apply for it.
What is required under the Labor Code of the Russian Federation?
A minor is considered a person who has not yet turned 18 years old at the time of taking leave.
The Labor Code of the Russian Federation allocates Chapter 42 for minors, which contains a number of articles on leave: 126th, 167th, 265-272.
Types
These work breaks are of three types:
- paid annual leave;
- additional;
- with non-payment of wages during the vacation period.
Paid annually
This type of leave is provided with the calculation of payment of wages for the employee’s absence from work during the rest period.
For this purpose, standard calculation forms were used for all age categories of workers.
At your own expense
The right to leave for minor workers with pay is granted both at the request of the employee and according to the requirements of the enterprise where he works.
The essence of vacation is that wages are not paid for the entire period of vacation. It is provided only for a valid reason on a general basis.
Additional
During the period of additional leave, wages are paid, and rest may be provided to a minor employee if he works while studying.
This is stated in Article 116 of the Labor Code.
A company or employer can issue leave for an employee who needs to take exams or during heavy workload at school or another educational institution.
What is the duration?
In accordance with Article 277 of the Labor Code of the Russian Federation, leave for minors is granted for a period of 31 calendar days inclusive.
A teenager can take a vacation even without working for 6 months whenever he wishes.
Important: If there were public holidays during the vacation period, then they are counted towards the 31st day of vacation.
For example, a minor took leave for the period of May and stayed there for 34 days. This is not a disciplinary labor violation, because in May there are 3 public holidays: May 1 and 2, as well as Victory Day 05/09.
If days of rest are issued after adulthood
Very often, employees who have turned 18 years of age submit an application to the employer to receive leave until adulthood. Then the time spent in service up to 18 years and after is taken into account.
Eg:
Employee Petrenko P.P. worked at Dandelion LLC for about 7 months at the age of 17. He turned 18 on May 12, 2019, and after two months of hard work, he applied for annual paid leave.
The total amount of vacation days is calculated according to the following principle:
- you need to calculate how many days rest is after the period of work until adulthood, namely: 31 days of leave for minors are divided by 12 months and multiplied by 7 months - it turns out 18,083 days;
- Next comes the calculation of the rest time after the person reaches 18 years of age: 28 days of vacation for adults are divided by 12 months and multiplied by 2 months - the result is 4.67 days;
- the last stage is the addition of the above time: 18.083 + 4.67 = 22.753 (23) days of vacation will be provided to citizen P.P. Petrenko.
Leave for minors in 2019
Features and procedure for provision
In 2019, the features and procedure for providing leave to minors remained unchanged.
In addition to the extended leave period for minors, there are many different points that every working teenager needs to know.
For example, a minor can take a vacation whenever he wants, regardless of the vacation schedule at the enterprise.
For those working in rural areas
It does not matter where the minor works - in the city or in the countryside.
Leave for teenagers in any type of job and location is provided on a general basis.
The employer is obliged to provide leave to a minor during the first year of work for a period of 31 calendar days and has no right to withdraw from it or pay in money this 1 month of rest.
When applying for a fixed-term employment contract
A fixed-term employment contract is a transaction between an employee and an employer for a short period of work.
For example, a fixed-term contract is valid for the period of summer holidays or absence of a year of study (after school or vocational school).
In accordance with Article 122 of the Labor Code of the Russian Federation, a minor can take leave before the expiration of 6 months from the date of his entry into work. Drawing up a fixed-term employment contract does not cancel this rule.
The employer must take this into account when drawing up a vacation schedule for employees.
Documenting
Naturally, any legal activity cannot exist and be considered valid without a specific list of necessary documentation.
If we talk about providing leave to a minor employee, then everything is simple.
It is necessary to take into account some points on both sides - on the part of the employee and the employer, namely:
- an order from the employer confirming the provision of leave;
- mark on the company's employee report card.
Statement
This document must be provided by the employee to the employer, so that in the future the latter can issue an order to grant leave.
An application by a minor for leave is no different from an application by an adult company employee.
The document is drawn up in the following format:
The form can be downloaded here:
Order
After the employee has drawn up and sent the application, the employer must draw up a specific order stating that he has read the application and is ready to send his minor employee on leave.
The employer draws up an order based on the unified T-6 form or a free form, which must indicate:
- Full name of the employee and employer;
- employee's position;
- Business name;
- vacation period;
- the date when the order was drawn up;
- signature of the employer and a note from the employee himself that he has read the order.
Here is the order form itself:
Reflection in the report card
A minor employee is practically no different from his older and more experienced colleagues. He is also part of the overall team that works at the enterprise.
In every legal company, the employer keeps a special record of employees’ working time or the so-called time sheet.
When a boss grants leave to his subordinate, both parties have signed a mandatory order, the employer notes annual or additional paid/unpaid leave on the report card.
In the accounting table, the mark may look like this:
- annual paid leave - OT or code 14;
- additional leave without pay - UD or 18;
- additional leave with pay in connection with advanced training courses or intensive studies at school or technical school - U or OD, 16 or 15.
Payment calculation
The formula for calculating vacation pay for all age categories of employees is completely identical. All operations are carried out taking into account the employee’s average daily earnings and the vacation period (in this case, vacation is equal to 31 calendar days or 29.3 days according to the legislation of the Russian Federation).
How is average daily earnings calculated?
For example, P.P. Ivanova’s earnings are 9,000 Russian rubles. She worked at the Dandelion company for exactly 4 months with a reduced working day of 4 hours.
You need to divide the full amount of wages into 4 months and 29.3 calendar days - it turns out that citizen P. earns about 307.17 rubles for one part-time working day.
Now the average daily earnings must be multiplied by 31 calendar days. Let's return to employee P.P. Ivanova and perform the following mathematical operation: 307.17*31 = 9522.77 rubles - this is exactly how much the employee will receive for the entire period of annual paid leave.
Is compensation provided for unused vacation days?
Naturally it is. If an employee quits while on vacation, he has the right not to go back to work, but to serve 14 days on vacation.
He must also be paid wages and compensated for the remaining unused days in advance.
What you need to know
Is it possible to take days off schedule?
Yes, you can. The employer must take into account that the law of the Russian Federation protects minor employees from labor exploitation and gives them the opportunity to take leave, regardless of the general vacation schedule at the enterprise.
An employer does not have the right to refuse a teenager leave due to the fact that the schedule includes a completely different date for providing annual paid leave.
Is it possible to be recalled from vacation?
Under no circumstances may an employer recall a person under 18 years of age from leave.
If this happens, the employee must write a claim (complaint) to the employer in writing, contact the labor commission or the court.
The employer may also bear administrative liability and pay a fine of up to 50,000 Russian rubles.
Can days be replaced with cash payments?
No, this is not provided for by the legislation of the Russian Federation. An employee must honestly go on vacation for a period of 31 calendar days and has no right to receive monetary remuneration instead of a well-deserved rest.
Naturally, many would not be against doing this, but the Labor Code of the Russian Federation prohibits carrying out this procedure with minor employees.
Are over-provided days retained?
As a rule, days provided can be withheld if vacation pay was paid for, and the employee did not work some vacation days.
In this case, cash payment of vacation pay to a minor employee is prohibited, therefore, excessively provided days cannot be withheld.
We see that the legislation of the Russian Federation is doing everything possible so as not to overload the younger generation, providing them with various benefits and incentives, even on vacation.
Today, a minor citizen of the Russian Federation can, at his own request, find a job and receive full compensation in monetary terms for his work. The state provides a number of guarantees and benefits to this category of workers, including when hiring them.
For example, this may concern the working day and its duration, as well as annual basic or additional vacation time. How many days of annual basic vacation time are required by law, conditions and features of provision (including standard)? How long is the additional paid time off? Is it possible to pay compensation for unused vacation time for working minor employees?
Conditions for granting leave to a minor employee
The age of majority occurs when a person reaches 18 years of age. According to the law, a teenager has the right to get a job when he turns 14 years old. At the same time, he has a number of benefits: according to the length of the working day, according to the duration of the annual main rest, according to the rules for its provision, as well as according to the conditions of additional paid rest and its duration. Responsible for vacation, as well as for the specific conditions of its provision.
Duration of basic annual leave for working minors
Labor legislation, in article 267, determines how many days a working person who has not reached the age of majority needs to rest, namely 31 days. Three days more than is appropriate for older employees.
There is another feature of providing annual basic leave to working teenagers - they are not subject to the vacation schedule, i.e. in their version, the schedule is, of course, drawn up, but they have the right to go on vacation at a special request out of turn.
One more nuance - working minors do not need to wait for the standard time for such events - six months. This means that they can apply at any time convenient to them, for example two months after employment, and the employer will not have the right to refuse the request. Important - 31 days of the next annual rest are provided on the terms of the working year, not the calendar year.
Duration of additional leave for a minor
The legislator has provided for the peculiarities of the situation of working teenagers: persons under the age of 18 are employed when they are driven by a special need, and they may have a need not only for the money that work provides them, but also for education. For all this, they need more time than a standard employee.
Therefore, there is a specially established additional rest for working minors, provided by the employer for preparing and passing exams. This option implies a paid additional period of time in relation to the main annual vacation - up to 24 calendar days annually.
There are other possibilities for providing the employee with additional time, but this rest is no longer paid:
- up to 30 days, if it is necessary to care for a sick relative;
- up to 7 days – in case of death of loved ones.
Is vacation paid for working minors?
The annual basic rest for working minors must be paid at the median of the minimum average earnings. Accounting uses a special formula for calculations: SGZ/12/30*X. Where:
- SGZ – average earnings for the working year;
- 12 – calendar year;
- 30 – average number of days in a month;
- X – vacation days.
Compensation for unused vacation by minors
If an ordinary employee over the age of eighteen can receive payments in the form of monetary compensation for unused days of the main annual rest, then in relation to working teenagers the legislation is strict - the law prohibits categorically compensating for unused days in cash equivalent.
The only condition that the law allows is the transfer of unused days to a later time, but not more than 2 years.
