From November 30, Russia will have new holiday rules. Changes are made to art. 263 of the Labor Code of the Russian Federation in accordance with Federal Law No. 373-FZ of November 19, 2021.
According to the changes, the list of employees to whom the employer must grant leave additional without the salary will increase.
Who can take extra leave? & nbsp;
Additional annual leave without pay at a convenient time can be taken by employees caring for a family member or other relative – & ndash; disabled person of group I. & nbsp; A person can take a vacation at any time that suits them, but it will be unpaid leave.
For how many days can you take extra leave? & nbsp;
The duration of the vacation can be up to 14 calendar days, the conditions must be specified in the collective agreement. Additional unpaid leave can be added to the principal or used separately, in part.
Who else is on leave without pay?
Unpaid leave can be obtained by: & nbsp;
1. Any employee in the event of the birth of a child, registration of marriage or death of a close relative (up to five calendar days, part 2 of article 128 of the Labor Code);
2. Employee & ndash; graduated from preparatory departments of universities and candidates (up to 15 calendar days, part 2 of article 173 of the Labor Code);
3. Employee & ndash; full-time university student (intermediate certification – 15 calendar days in the academic year, preparation and defense of the graduation project with passing final state exams – four months and passing the final state exams – one month, part 2 of Art. 173 TC);
4. Employee & ndash; candidate from a state-approved secondary vocational education institution (entrance exams & ndash; 10 calendar days, part 2 of article 174 of the Labor Code);
5. An employee who studies at a state-approved secondary vocational education institution (full-time education) (intermediate certification – 10 calendar days in the academic year, preparation and defense of qualifying work and passing final state exams – two months, passing final exams -; one month, part 2 of article 174 of the Labor Code);
6. Employee & ndash; participating in the Great Patriotic War (up to 35 calendar days per year, part 2 of article 128 of the Labor Code);
7. Retired employee (up to 14 calendar days per year, part 2 of article 128 of the Labor Code);
8. Employee & ndash; father (mother) or spouse (spouse) of service members who died or died as a result of injury, concussion or injury sustained in the line of duty or in the line of duty due to an illness associated with it (up to 14 calendar days per year, part 2 of article 128 of the Labor Code);
9. Disabled employee (up to 60 calendar days per year, part 2 of article 128 of the Labor Code);
10. An employee-relative or spouse of an employee of the internal affairs bodies, the Federal Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, customs, employees of institutions and organs of the penal system, which died or died as a result of injury, concussion or injury sustained while on duty or as a result of an illness associated with the passage of the service (up to 14 calendar days per year, part 2 of article 128 of the Labor Code);
11. An employee with at least two children under the age of 14 (up to 14 calendar days per year, if such an obligation is established by a collective agreement, article 263 of the Labor Code);
12. An employee with a disabled child under the age of 18 (up to 14 calendar days per year, if such an obligation is fixed by a collective agreement, article 263 of the Labor Code);
13. Single mother with a child under the age of 14 (up to 14 calendar days per year, if such an obligation is established by collective agreement, article 263 of the Labor Code);
14. A father who brings up a child under 14 without a mother (up to 14 calendar days per year, if such an obligation is established by collective agreement, article 263 of the Labor Code)
< p> 15. A woman who works in rural areas (one calendar day per month, article 263.1 of the Labor Code);
16. Employee & ndash; an invalid veteran (up to 60 calendar days per year, article 14 of the law of January 12, 1995 n ° 5-FZ);
17. Employee & ndash; veteran (up to 35 calendar days per year, article 16 of the law of January 12, 1995 No. 5-FZ);
18. A military employee who served in military units, military educational institutions that were not part of the active military, in the period from June 22, 1941 to September 3, 1945 for at least six months, or a soldier who received orders during this period or the USSR medals (up to 35 calendar days per year, art. 17 of the Law of January 12, 1995 No. 5-FZ);
19. An employee who worked during the Great Patriotic War on the objects of air defense, local air defense, construction of defensive structures, naval bases, airfields and other military installations in inside the rear borders of operational fronts, operational zones of operational fleets, on front-line railway and motorway sections (up to 35 calendar days per year, art. 19 of the Law of January 12, 1995 No. 5-FZ)
20 Employee rewarded with the sign “ Resident of Leningrad besieged & # 39; & # 39; (up to 35 calendar days per year, Article 18 of the Law of January 12, 1995 No. 5-FZ);
21. An employee working in the regions of the Far North and regions assimilated to the regions of the Far North, adjoining the place of vacation (depending on the time necessary to get to the place of use of the vacation and back, part 3 of Article 322 CT );
22. Employee & ndash; a teacher from an educational institution (at least every 10 years of continuous education, up to one year, article 335 of the Labor Code);
23. Employee & ndash; Hero of the Soviet Union, Hero of the Russian Federation or full holder of the Order of Glory (up to three weeks per year, Article 8 of the Law of January 15, 1993 no. ° 4301-1);
24. Employee & ndash; Hero of socialist labor or full holder of the Order of Glory of Labor (up to three weeks per year, part 2 of article 6 of the law of January 9, 1997 No. 5 -FZ);
26. Employee & ndash; popular vigilante and other independent police officers (up to 10 calendar days per year, article 26 of the law of April 2, 2014 n ° 44-FZ);
Which of the employees are entitled to take vacations at any time that is convenient for them? & nbsp;
Employees can take regular paid time off on a pre-approved schedule. But there are categories of workers who can go on vacation at any time. & Nbsp;
These benefits include:
- minors & nbsp; (Article 267 of the Labor Code of the Russian Federation)
- parents, including adoptive parents, guardians or guardians who are bringing up a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation)
- employees who receive the “ Honorary Donor of Russia '' badges and “Honorary donor of the USSR” (parts 1, 2, article 23 of the law of 20.07.2012 n ° 125-FZ)
- pregnant women before or after maternity leave (article 260 of the Labor Code of the Russian Federation)
- employees with three or more children under the age of 18 (Article 262.2 of the Labor Code)
- a spouse who wishes to take leave during the maternity leave of his wife (part 4 of article 123 of the Labor Code)
- the spouse of a serviceman who wishes to go on vacation at the same time as the vacation of the other spouse (clause 11 of article 11 of the law of 27.05.1998 no. 76-FZ)
- veterans of the Great Patriotic War , war invalids, war veterans, including disabled people (art. 14 & ndash; 19 of the law of 12.01.1995 n ° 5-FZ)
- Hero of the Soviet Union, Hero of Russia, full holders of the Order of Glory (part 3 of article 8 of the law of 01/15/1993 No. 4301-1 )
- Heroes of socialist labor and full holders of the Order of Glory of Labor (article 6 of the Law of 09.01.1997 No. 5-FZ)
- employees who received or suffered from radiation sickness and other radiation associated illnesses due to the Chernobyl disaster or work to eliminate its consequences, people with disabilities due to the Chernobyl disaster, participants in the liquidation of the disaster (part 3 of article 15 of the law of 15.05.1991 n ° 1244- 1)
- one of the parents working in the Far North and assimilated regions (tutor or curator) who accompanies a child under 18 for admission to a secondary or higher vocational education institution located in another locality ( part 5 of article 322 of the labor code)
- employees who request leave for the first year of work, if the employer intends to include them in the schedule (article 122 of the Labor Code).
Sources: & nbsp;
http://publication.pravo.gov.ru/Document/View/0001202111190006? index = 1 & amp; rangeSize = 1
https: //www.glavbukh .ru/news/37852-putin-podpisal -novyy-zakon-ob-otpuskah
http: //www.consultan t.ru/document/cons_doc_LAW_394679/35dd129a71a23ef88bedcc62caa21521d2ecdf02/#dst103097