"The woman is created for a man, not a man for a woman" - such a postulate ...
ST 114 TK RF.
Employees are provided annual leave with preservation of the place of work (positions)
and average earnings.
Comment to Art. 114 Labor Code of the Russian Federation
1. As a variety of rest time, vacation is the time during which the employee is free from execution labor duties And which it can use at his discretion. From different species Short-term recreation Annual paid vacation is different: a) greater duration; b) preservation by the employee not only the place of work (positions), but also of the average earnings; c) Special issuance of vacation.
2. The right to an annual paid leave has all persons working on the basis of an employment contract, regardless of labor contract For an indefinite period or urgent employment contract, including persons who have entered into an employment contract for up to two months and occupied in seasonal work, as well as part-time working. Persons working on part-time conditions have the right to vacation. Remote operation and work at home does not prevent leave.
3. Any agreement between the employer and the employee or a group of employees aimed at restricting the right to an annual paid leave or replacing his leave without saving wages, contradicts labor legislation and is not subject to use (see and comment on it).
4. Vacation is called annual because it is provided in every year of work. The working year usually does not coincide with the calendar and is calculated from the day when the employee in accordance with the labor contract concluded with this employer began to execute labor duties (see for it).
5. Conservation of the employee during the vacation period of the place of work (positions) means that during the stay on vacation, the employee on the initiative of the employer is not allowed. Preserving the average earnings for vacation time is the most important guarantee of the use of holidays for recreation and restoring workers' forces. The average day earnings to pay for vacations are calculated in the manner defined.
6. The employer must pay the amount of average earnings during the leave no later than three days before it starts (see
Employees are provided annual leave with preserving the place of work (positions) and the average earnings.
Comments to Art. 114 TC RF
1. According to Art. 37 Constitution of the Russian Federation and the commented article to the employee - subject labor legal relationship vacation is available; This is a free time from work, calculated in days (workers or calendar), during which the employee remains the place of work or position.
2. Vacation is a continuous annual rest during the set number of days, which is provided to workers to relax and restore forces while maintaining average wages.
3. The right to annual paid leave belongs to each employee, regardless of the term of the employment contract, the organizational and legal form of the organization, where it works, posts, professions or specialty of the employee, due to the employment contract. All employees, including part-time points, as well as obscures and other persons working in individual citizens have the right to vacation.
The right to paid leave has temporary and seasonal workers. Considering that the term of work temporary workers Limited 2 or 4 months, and seasonal - 6, the main form of implementation for them is the right to leave, provided for by the commented article, is to obtain monetary compensation.
4. Annual leave Give 1 time in each year of work. The working year usually does not coincide with the calendar and is calculated since the conclusion of the employment contract with the organization.
5. During the stay on vacation, the employee cannot be dismissed at the initiative of the employer, except in the case of the liquidation of the organization or termination individual entrepreneur (Art. 81 TC). The employee does not lose right to submit to the employer a letter of dismissal own willing And terminate the employment contract during the holidays.
6. During vacation, the employee receives payment. Moreover, the payment of average earnings to the employee is made in accordance with Art. 136 TC on the eve of an employee's care on vacation, but no later than 3 days before it began. Middle day earnings to pay for leave are calculated in accordance with Art. 139 TC for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days).
The average daytime earnings for paying holidays to the employee who has entered into an employment contract for up to 2 months, is determined by dividing the accrued wage amount for the number of working days on the calendar of the 6-day working week.
7. For a vacation worker, work experience and all benefits and advantages are preserved. During the holidays, it is not allowed to transfer it to another job, a change in essential working conditions.
The time of annual paid leave is included in the overall and continuous work experience of the employee, as well as in the experience, giving the right to an employee for the annual primary paid leave.
8. When developing a vacation position, internal rules labor routine You can use recommendations international standards labor lawwhich are contained in the following Acts of the ILO: Convention N 52 "Regarding Annual Paid Vacations" (1936); Recommendation No. 47 "On Annual Paid Eyes" (1936); Recommendation N 74 "On the minimum standards social Policy on the dependent territories (additional provisions) "(1945); Recommendation N 93" On paid leave in agriculture"(1952); Recommendation N 98" On Paid Embacies "(1954); Recommendation N 148" On Paid educational leave"(1974).
Employees are provided annual leave with preserving the place of work (positions) and the average earnings.
Comments on Art. 114 TK RF.
1. Annual paid leave is guaranteed in accordance with Art. 37 constitutions to all persons consisting in labor relations with the organization on the basis of an employment contract.
The right to the annual paid leave has all persons working on the employment contract. This right should be implemented when working in organizations of any organizational and legal forms, regardless of the degree of employment, the place of fulfillment of labor duties, the forms of remuneration, held position or work performed.
Annual paid vacation is intended for recreation and full recovery of the employee's forces, for restricting the duration of the working day (40-hour work week or abbreviated working time), daily (intermediary) vacation, weekends and non-working holidays Do not provide complete restoration of the energy potential and normal level of human life. For an employee, a long continuous recreation is important to maintain the normal state of health and full disability. Along with the rehabilitation function, the annual paid leave plays a significant role in satisfying the other interests and needs of the employee, such as, for example, to increase the general education and cultural level, etc.
2. Persons who have concluded an employment agreement on part-time work to perform temporary or seasonal work, individualAn annual paid leave is provided in accordance with the norms established taking into account the characteristics of the legal regulation of the labor of these categories of workers (see the comment on Art. Art. 286, 291, 295, 305).
3. Payment of annual leave is made on the basis of the average earnings calculated in accordance with Art. 139 TC RF (see Commentary on It), and in the manner prescribed by Art. 136 of the Labor Code of the Russian Federation, according to which vacation payment is made no later than 3 days before it began.
4. Annual paid leave may consist of the annual main paid vacation, which has the right to all workers who work on the employment contract, and annual additional paid leave, the right to which have separate categories workers, such as persons engaged in work with harmful or dangerous conditions Labor (see Comment on Art. 117).
From the annual paid leave as a total expression of the duration of the annual main paid vacation (28 calendar days) and annual additional paid leave (see Commentary of Art. Art. 117 - 119) should be distinguished by the so-called extended main vacation (see Comment on Art. 115 ).
5. In labor legislation, guarantees of the actual use of annual holidays by employees are assigned. As established by Art. 114 of the Labor Code of the Russian Federation, employees are provided annual leave with the preservation of the place of work (positions) and the average earnings. Consequently, all employees have an equal right to vacation, regardless of which employer ( legal entity Or an individual entrepreneur) they work, according to an urgent or other labor contract, on the terms of incomplete working time or part-time, etc.
The duration of the annual main and additional holidays to employees in accordance with Art. 120 Tk of the Russian Federation (see Commentary on it) is calculated in calendar days and the maximum limit is not limited. Non-working holidays are not included in the number of calendar days and are not paid. Annual additional paid leave is calculated separately and is summarized with annual main paid leave (duration of 28 calendar days), and in total expression they constitute the total duration of the annual paid leave. For example, an employee has the right to 12 days additional holidaysthat are summed up with its main holidays duration of 28 calendar days, the total duration of its annual paid leave in this case is 40 calendar days.
Article 114. Annual Paid Vacation
Comment on Article 114
Annual paid leave is guaranteed in accordance with Art. 37 of the Constitution of the Russian Federation to all persons consisting in labor from the organization on the basis of an employment contract.
The right to the annual paid leave has all persons working on the employment contract. This right should be realized when working in organizations of any organizational and legal forms, regardless of the degree of employment, the place of fulfillment of labor duties, the forms of wages, held by the position or work performed.
Annual paid vacation is intended for recreation and complete recovery of the employee's forces, for the restriction of the continued day of the working day (40-hour working week or short-range working time), daily (intermedianny) vacation, weekends and non-working holidays do not provide complete rehabilitation of energy potential and normal Human activity level. For an employee, a long continuous recreation is important to maintain the normal state of health and full disability. Along with the recovery function, annual paid leave plays a significant role in the satisfaction of other interests and the needs of the employee, such as, for example, to increase the general education and cultural level, etc.
Before the adoption of TC in 2001, temporary workers, as well as workers engaged in seasonal work, the right to leave or on monetary compensation did not use. Currently in accordance with Art. Art. 291 and 295 TC These employees are entitled to paid leave. For a long time The question of paid vacations working part-time remained unresolved.
Persons who concluded an employment agreement on part-time work for the fulfillment of temporary or seasonal work, work in an individual, annual paid leave are provided in accordance with the norms established taking into account the peculiarities of legal regulation of labor of the named categories of workers (see Comment. To Art. St . 286, 291, 295, 305).
Payment of annual vacations is made on the basis of the average earnings calculated in accordance with Art. 139 TC (see comments. To her), and in the manner prescribed by Art. 136 TC, according to which vacation payment is made no later than three days before its start.
An annual paid leave may consist of the annual main paid leave, which is entitled to all workers who work on the employment contract, and annual additional paid holidays, the right to which have certain categories of workers, such as persons employed with harmful or dangerous working conditions. (See comments. to Art. 117).
From the annual paid leave as a total expression of the duration of the annual main paid leave (28 calendar days) and annual additional paid leave (see Comment. To Art. Art. 117 - 119) should be distinguished by the so-called elongated main vacation (see comments. K . 115).
In labor legislation, guarantees of the actual use of annual holidays by workers are enshrined. As established by Art. 114 TC, employees are provided annual leave with preservation of work (positions) and average earnings. Consequently, all employees have an equal right to vacation, regardless of which employer (legal entity or individual entrepreneur), they work, according to an urgent or other labor contract, on terms of incomplete working time or part-time, etc.
The duration of the annual main and additional holidays to employees in accordance with Art. 120 TC (see comments. To it) is calculated in calendar days and the maximum limit is not limited. Non-working holidays are not included in the number of calendar days and are not paid. Annual additional paid leave is calculated separately and is summarized with annual main paid leave (duration of 28 calendar days), and in total expression they constitute the total duration of the annual paid leave. For example, the worker has the right to 12 days of additional vacation, which are summed up with its main leave of 28 calendar days, the overall duration of its annual paid leave in this case is 40 calendar days.
Employees are provided annual leave with preserving the place of work (positions) and the average earnings.
Commentary on Article 114 of the Labor Code of the Russian Federation
1. According to Art. 37 of the Constitution of the Russian Federation and the commented article of the employee - a subject of labor relationship is given to a vacation; This is a free time from work, calculated in days (workers or calendar), during which the employee remains the place of work or position.
2. Vacation is a continuous annual rest during the set number of days, which is provided to workers to relax and restore forces while maintaining average wages.
3. The right to annual paid leave belongs to each employee, regardless of the term of the employment contract, the organizational and legal form of the organization, where it works, posts, professions or specialty of the employee, due to the employment contract. All employees, including part-time points, as well as obscures and other persons working in individual citizens have the right to vacation.
The right to paid leave has temporary and seasonal workers. Given that the period of work of temporary workers is limited 2 or 4 months., And seasonal - 6, the main form of implementation for them is the right to leave, provided for by the commented article, is to obtain monetary compensation.
4. Annual vacation is provided 1 time in each year of work. The working year usually does not coincide with the calendar and is calculated since the conclusion of the employment contract with the organization.
5. During the stay on vacation, the employee cannot be dismissed at the initiative of the employer, except in the case of the liquidation of the organization or termination of an individual entrepreneur (Art. 81 of the TC). The employee does not lose the right to submit to the employer a letter of dismissal on his own accord and terminate the employment contract during the holidays.
6. During vacation, the employee receives payment. Moreover, the payment of average earnings to the employee is made in accordance with Art. 136 TC on the eve of an employee's care on vacation, but no later than 3 days before it began. Middle day earnings to pay for leave are calculated in accordance with Art. 139 TC for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days).
The average daytime earnings for paying holidays to the employee who has entered into an employment contract for up to 2 months, is determined by dividing the accrued wage amount for the number of working days on the calendar of the 6-day working week.
7. For a vacation worker, work experience and all benefits and advantages are preserved. During the holidays, it is not allowed to transfer it to another job, a change in essential working conditions.
The time of annual paid leave is included in the overall and continuous work experience of the employee, as well as in the experience, giving the right to an employee for the annual primary paid leave.
8. When developing the provision on vacations, the rules of the internal labor regulation can be used by recommendatory norms of international labor law, which are contained in the following Acts of the ILO: Convention N 52 "Regarding Annual Paid Vacations" (1936); Recommendation No. 47 "On Annual Paid Eyes" (1936); Recommendation N 74 "On the minimum social policy regulations on dependent territories (additional provisions)" (1945); Recommendation N 93 "On paid leave in agriculture" (1952); Recommendation N 98 "On Paid Leaves" (1954); Recommendation N 148 "On Paid Educational Education" (1974).
