What are the new rules introduced into the order of holidays

A modern person should know what rights he has. Especially often these rights are violated by employers who manage to mislead the employee in every way, in order to pay less or reduce the number of days off. Without blaming anyone for bad faith, we say that ignorance of the law does not absolve from responsibility and every employee should be aware of the order of holidays. Today it has become an elementary sign of culture, when a working person fully knows how much time he is entitled to leave, when he is granted and what the order of holidays is.

This is a rather complicated task, which includes many nuances that an accountant must take into account when calculating compensation for leave. Substantial changes have been made to the new procedure for calculating leave and its payment. Among them are:

• The emergence of the right to leave not in 11 months, as it was before, but in six months from the date of employment.
• During this period, the employee can claim and leave without pay for a period of 14 days, which is not taken into account when calculating holiday money.
• Extension or postponement of the leave by agreement of the parties.
• The right of some categories of workers to additional leave.

The minimum period of leave under the new Federal Law is 28 calendar days, excluding weekends and holidays. This term is paid by the employer in the amount of average earnings.

The procedure for paying for holidays is also strictly regulated by the new Labor Law. The most pleasant thing in these rules is that the maximum limit for the payment of vacation days is not. This is beneficial for those who are engaged in harmful production, working and living in extreme cold arctic conditions or has an irregular working day.

The usual procedure for vacations is drawn up according to the annual schedule, which is drawn up no later than two weeks before the beginning of the calendar year and is agreed with the employee, as described in the relevant document. This schedule is mandatory for both the employer and the employee. Sometimes, in the event of force majeure situations, by agreement between the parties, leave may be postponed or the employee may exercise the right to leave ahead of time.

Also, the modern order of holidays allows the division of the period for the holiday into several parts. But one of these parts can not be shorter than 14 days.

And, of course, we should separately say about the situation that is most often not fulfilled by employers. This is the time for calculating holiday money. Under the new rules, the procedure for paying holidays requires the employer to pay compensation no later than 3 days before the due date. For calculation, the figures for the last 3 months are taken. The amount earned for this period is divided first by 3, then by 29.6. So the average earnings for 1 calendar day are calculated. And the result is multiplied by the days that are given for rest from work.

A single social tax is necessarily deducted from the total amount.

Once again, we emphasize that in the case when a person is on health leave during a vacation in a hospital or is on an outpatient treatment, then the leave is mechanically prolonged for the appropriate number of days. This provision does not apply to persons who are on maternity leave for the care of children until they reach a certain age. After leaving the long-term vacation, the employee gets the next right only six months after he started working again.

These are the positions that every working person should know. All issues arising from the procedure for calculating vacations in the new Labor Code are taken into account, and are aimed at protecting the rights of the employee.