The duration of a minor's leave in a rural area. How many days is the leave for minors? When can a minor take leave?

Vacation is a joyful event in the life of every employee. This is especially true for underage workers. We will talk about the order in which and how, within the framework of the law, leave should be paid and accrued for them in today's article.

Modern youth is now growing up very early and the fact that many teenagers want to earn their own money for pocket expenses or other needs is no longer surprising to anyone.

In view of this, the Labor Code of the Russian Federation in particular and other laws in general have already been amended many times and the norms regulating the labor of minors. To date, Article 2

The Labor Code of the Russian Federation quite accurately and clearly regulates all the features of the relationship between this category of workers and employers, as well as the features of providing children with rest from work.

So, in accordance with the provisions of the article, it can be noted that, in general, the principles for calculating vacation pay and granting leave for minors do not differ much from the “adult” rules. But there are still some differences.

In particular, this applies to the duration of the vacation, the time it is granted, prohibitions on certain actions, and so on. Let's look at them in more detail.

Holidays are longer than for adult workers.

The duration of the vacation period for minors is not the standard 28 calendar days, but 31 days. As well as for adult employees, non-working employees are not included in underage employees. Accordingly, the other principles of calculations are the same.

Additionally, it should be said that the duration of the vacation can be increased normative documents companies. In no case can the duration of the vacation be reduced below the minimum limit.

Also, additional vacation days can be added to the main one if the employee is employed under special working conditions, has appropriate benefits, or works in the Far North region or a place equivalent to it.

Payment

Vacation pay rates for underage employees are the same as for adult employees. That is, all the funds earned in a year or less (if the employee has been working recently) are divided by the total number of days and multiplied by a special coefficient, which is 2.94. It is in this way that any are calculated, regardless of who they are credited to.

Among other things, for minors, the rule for the timing of vacation pay is also valid - no later than 3 days before the first day of vacation.

That is, if the vacation is scheduled from February 1, then the money should be paid no later than January 28. It can be earlier, if possible.

Holidays could be more frequent.

An employee who is under the age of 18 can take another even if he has not worked for the company for even six months - this is directly indicated by the norms of the law.

In addition, the employee has the right to take a vacation of any frequency, whether it be the first or subsequent year of work, at any time. This nuance should always be taken into account by the company's management when drawing up the vacation schedule for other employees.

Also, the employee has the right to divide the vacation into two equal parts or more, but so that each of them is at least 14 calendar days.

In addition to everything described above, a minor employee has many other privileges and features that apply not only to the method and duration of vacation accrual, but also to other aspects of his work.

Other nuances

These workers have advantages.

Many other "privileges" also apply to underage workers. For example, such an employee cannot be recalled from vacation. Moreover, this rule applies in any circumstances, regardless of whether the employee agrees to it or not.

In addition, it is worth mentioning that it is impossible not to provide leave to a young employee. Also, you can not replace the time of rest with the payment of monetary compensation. This also applies to the option when the employee himself asks for it.

Under the law, minors are required to rest from work for the time established by law.

It is also worth considering the situation when an employee turns 18 years old at the time of receiving leave. By general rule If an employee takes a rest from work a month before the age of majority, then both the payment and the duration of the leave are calculated as for a minor child.

If the employee wants to get a vacation, for example, from the day of majority or later, then the vacation pay will be calculated according to adult coefficients and the duration of the vacation should be at least 28 calendar days.

However, there are cases when the vacation period falls on the age of majority.

In this case, vacation pay and the duration of vacation should be calculated for the period up to 18 years and after 18 years, based on the shares of vacation falling on both dates at the same time.

What's next for the law?

At the moment, the law regulates certain rules.

Of course, the rules and regulations for minors still need to be carefully reviewed and changed. Today, the application of already adopted norms of the law is not only inconvenient, but in some situations it is completely impossible.

That is why, every day, the Government and the State Duma are trying to develop more and more new bills that will fully contribute to the easy and full-fledged work of young workers, and will be understandable and easily applicable for employers and staff members.

In general, the law is waiting for a global revision, and it is far from certain that over time a specialized law will not be created that regulates exclusively the labor standards of underage workers.

Moreover, the norms of this law will concern not only such events as hiring, accrual of vacation pay, payment sick leave, dismissal of an employee and so on, but also many other factors.

For example:

1. labor standards;
2. working hours;
3. Providing time off;
4. Administrative responsibility and much more.

In conclusion, it should be said that the law always protects the interests of employees, and minors in the first place. Therefore, when accepting a child for work, it is important to understand the full degree of responsibility for this decision before the law.

From this video you will learn about work for minors.

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Every “adult” during his youth thought about the possibility of getting a part-time job and earning money by his own labor. The situation does not change even today: every independent teenager will always find an opportunity to earn extra money.

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This is especially true during the periods of summer and winter holidays, when schoolchildren and students are completely free from study. However, not everyone is familiar with the legislation on the labor of minors, which raises a number of questions: when you can work, how much, and for what salary.

Equally important is the issue of juvenile leave, the concept of which you will learn in the next article.

Normative base

The labor legislation of Russia governs all the rights and obligations of underage workers and their employers.

The duration of the leave of minors is established by Article 267 Labor Code Russian Federation: employees who have not reached the age of 18 are entitled to at least 31 days of annual paid leave.

The legislation also provides for additional types of leave for minors of the Labor Code of the Russian Federation in the form of Article 116.

This legislative act provides for the opportunity to go on additional paid leave while maintaining the average earnings per month.

The introduction of such bills will allow a teenager to combine study and work: an additional vacation can be taken at the beginning of summer and allocate time to prepare for exams. At the same time, he does not lose his income and job vacancy.

Kinds

The next annual paid leave for minors is granted in the amount of 28 calendar days.

All this time, the employer is obliged to pay the minimum wage to the minor employee and guarantee him a free vacancy upon his return to work.

The legislation provides for only one paid vacation per working year (not to be confused with the calendar year).

It turns out that an employee who has got a job will not be able to go on paid leave without having worked for 6 calendar months in a row.

However, minors and pregnant employees are provided with benefits that allow them to take paid leave, regardless of the length of service.

Leave at your own expense can be taken in the following cases:

• up to 24 days if you did not use the main or additional leave for previous place work;
• if you need to complete a course of treatment or study;
• in case of death of relatives from 3 to 7 days;
• up to 30 days if you need to care for a sick relative.

In these cases, the teenager has the right to go on additional rest without receiving compensation for unworked days.

Also, by agreement with the employer, he has the right to request up to 15 unpaid vacation days per year.

According to the labor legislation of the Russian Federation, vacation for employees employed in public works, is provided in direct proportion to the number of days worked.

In addition, there are cases when a minor working in public works has the right to request paid leave at the end of the calendar, but not the working year.

Duration

Basic annual paid leave of 28 calendar days is granted to all employees.

However, pregnant, disabled, and underage employees are entitled to certain benefits when receiving leave: a teenager can go on paid leave, regardless of work experience.

If the labor legislation (Article 121 of the Labor Code) stipulates for everyone the condition of 6 months of continuous work in order to receive leave, then the minor has the right to receive it out of turn.

By agreement with the authorities, a teenager has the right to break his vacation into several parts and go to work for only a few days.

The work experience of 6 months includes the time of illness, stay on study leave, passing a medical examination, forced absenteeism and suspension from work.

Also, minors are entitled to, provided for as many as 31 calendar days. This duration is established by Article 267 of the Labor Code of Russia.

Also, the Labor Code of the Russian Federation provides for daily work norms of 5 hours for workers aged 14-16 years and no more than seven hours for seventeen-year-olds.

Such time frames of work require a lot of effort from underage workers who combine study and work, therefore, the duration of an extended vacation of 31 calendar days was introduced into the legislation.

Peculiarities

The procedure for granting leave for minors is regulated by the T-7 form, approved by the Decree of the State Statistics Committee of Russia.

The schedule is drawn up in the form of an A-4 size form and includes the following items:

• surname, name and patronymic of the minor employee;
• employee's position;
• name of the structural unit;
• the number of calendar days of vacation;
• date of subsequent leave.

In the column on the date of the subsequent vacation, two dates are indicated: actual and planned.

Since going on vacation is necessarily agreed between the employer and the subordinate, the planned date implies only a month of vacation; the actual one contains more accurate information - the start and end dates of the vacation.

Download unified form Vacation schedule can be found here:

Documentation

Before agreeing with the employer on the duration and date of the vacation, a number of documents and a corresponding application should be prepared.

Information about the employee applying for leave is very similar to the criteria of the T-7 form: the form indicates the last name, first name and patronymic of the employee, his position in the enterprise and the name of the staff unit, as well as the features of calculating paid leave.

When making an application, you must adhere to the following example:

You can download the application form here:

Calculation

When a minor goes on paid leave, he is entitled to receive vacation pay - the minimum payment for a working day.

To calculate earnings for 28 calendar days, you must use the formula: payments for the year / 12/30. With this formula, we will get the amount of the minimum earnings per day.

Example:

A 16-year-old employee who has worked at the enterprise for a year and received 5,000 rubles a month wants to know the amount of his vacation pay.

To do this, you need to divide his monthly salary by 30 days to get the average income per day: 5000/30 = 166.7 rubles.

Using this formula, everyone can calculate the amount of vacation pay for 28 days of rest.

Frequently asked Questions

Is it possible to provide rest days outside the schedule?

In case of unforeseen situations, for example, the death or serious illness of relatives, the employer is obliged to provide the minor with leave of up to a week.

Also, a teenager has the right to additional unpaid leave if it is necessary to deal with studies or passing a medical examination.

Is it possible to combine unused vacations for several years?

According to the law, unused vacation provided each working year is added to the next vacation.

AT this case the teenager will have 56 days of paid leave, but once every two years.

Can a minor be recalled from vacation?

According to the third paragraph of Article 125 of the Labor Code of the Russian Federation, it is impossible to recall a minor employee from vacation.

Also, the employer does not have the right to replace parts of the holidays with paid or additional ones without the consent of the employee.

Is it possible to pay compensation for unused vacation days?

Emancipation and striving for the best dictate their own rules. So, more and more children want to provide for themselves, at least in the amount of pocket expenses. And many employers have ceased to disdain work with youth. Let's find out what we've got Labor code for leave for a child under 18.

In a privileged position

Features of providing annual rest

There are a number of significant differences in design leave for a minor employee under the age of 18. They include such nuances:

• 6 months of continuous work experience is not needed - this rule of the Labor Code of the Russian Federation (Article 122) does not apply if the subordinate has not reached the age of majority;
• a young colleague can immediately write an application for 31 days of rest after any period from the start of work and regardless of how many vacation days he deserves;
• if the vacation is given in advance, and the employee does not work for the whole year, upon dismissal, it will be possible to keep part of the vacation pay from him, but not more than 20% of earnings (Labor Code of the Russian Federation, art. 137, 138).

As we see, Labor code for leave for a child under 18 years of age provides significant benefits.

It is not profitable for the employer to let such an employee go on vacation immediately after employment. Especially for a long time. But the leader has no right to refuse a minor. How to be in order to comply with the law and not harm your business? It turns out that in order for everyone to be comfortable, the parties need to agree, if possible, on the most acceptable option for issuing a vacation. "".

Read also Sample memorandum for employee bonuses

Other guarantees for employees under 18

In addition to the main advantages in the form of an increased duration of rest and the ability to issue it at any time, there are other guarantees for minors provided for by the Labor Code of the Russian Federation:

• cannot be endured minor leave for the next year (Article 124);
• it is unacceptable to replace rest with a cash payment (Article 126);
• withdrawal from the current annual leave of a minor is prohibited (Article 125).

Thus, no business need can justify the withdrawal, postponement or replacement of an employee's leave who is not yet 18 years old.

The nuances of registration of rest at the age of 18

We found out that labor law specifically protects the interests of minors. But what about an employee who was hired before the age of 18, and will go on vacation as an adult? Of course, questions arise:

• how many days he is entitled to;
• Can he be denied leave?
• whether the manager, if necessary, has the right to make a review from the rest.

To get answers to all these questions, it is worth turning to judicial practice. Thus, the Supreme Court recognized that in this case, the amount of leave is calculated in proportion to the time worked by the employee before reaching the age of 18 and after the age of majority. This opinion is enshrined in the Decree of the Plenum of the RF Armed Forces No. 1 of January 28, 2014 (p. 21). In practice, this rule works as follows.

Today, a minor citizen of the Russian Federation, at will, can 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 they are hired.

For example, this may concern the working day and its duration, as well as the annual main or additional vacation time. How many days of annual basic vacation time are required by law, the conditions and features of the provision (including standard)? How long is the additional paid holiday? Is it possible to pay compensation for unused vacation for working underage employees?

Conditions for granting leave to a minor employee

The age of majority is when a person reaches 18 years of age. A teenager by law 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 basic rest, according to the rules for its provision, as well as according to the conditions of additional paid rest and its duration. He is responsible for the vacation, as well as for the features of the conditions for 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 the allowance for older employees.

There is another feature of granting annual basic leave to working teenagers - they are not subject to the vacation schedule, i.e. in their version, the schedule, of course, is drawn up, but they have the right to go on vacation on a special application out of turn.

Another nuance is that 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 for 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 is provided on the basis of not a calendar, but a working year.

Duration of additional leave for a minor

The legislator has provided for the peculiarities of the situation of working adolescents: persons under the age of 18 are employed when they are driven by a special need, while they may need not only the money that work provides them, but also 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 the preparation and passing of exams. This option implies a paid additional time period in relation to the main annual rest - up to 24 calendar days annually.

There are other opportunities to provide an 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 the leave of working minors paid?

The annual basic holiday for working minors must be paid at the median of the minimum average earnings. The accounting department 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 for 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 the legislation is strict with respect to working teenagers - the law categorically prohibits compensation for unused days in monetary terms.

The only condition that the law allows is the transfer of unused days to a later time, but not more than 2 years.

Now many schoolchildren and students are trying to find a job so as not to ask their parents for money. A summer part-time job is a great opportunity to save up for something and not suffer from idleness for three months.

But before going to work, teenagers should study the Labor Code, which details the length of their working day, cash payments, and minors' leave.

Legislation

The legal norms regarding leave for underage workers are somewhat different from the standard rules for other categories of citizens. According to Article 227 of the Labor Code of the Russian Federation, the annual basic paid leave for employees under the age of 18 should be 31 calendar days against the classic 28 days.

Also, on the basis of Article 116 of the Labor Code, a teenager has the right to additional paid vacation days. For example, study leave, necessary for the preparation and passing of exams, is given to those employees who combine study and work activities.

High school graduates can ask the head for administrative leave, which will be used for admission to a higher education institution.

Important! By law, annual paid leave is required for all employees, including citizens under the age of 18, with the exception of pregnant women and women who have given birth - other rules apply for them.

Vacation Features

Currently, employees have the right to take paid leave after working continuously for six months. At the same time, minors are required to go on vacation before their work experience reaches 6 months. That is, a teenager can apply for leave even after a month of work, and the employer is obliged to provide him with 31 days off.

The situation when a minor employee wants to go on vacation with subsequent dismissal deserves special attention. When calculating, the manager does not have the right to withhold compensation for days not worked, provided that the two weeks required to notify the employer of leaving are included in the annual paid leave, and the employee no longer goes to work.

The rest time of all employees is signed in a special calendar at the beginning of the year, and compliance with the schedule is strictly monitored. However, annual leave for minors is provided in a special manner, a teenager can choose dates that are convenient for him. Moreover, the opinion of the leader is taken into account at the request of the person himself.

It was previously noted that the duration of leave for persons under eighteen years of age is 31 days, the employee can use this time immediately or divide it into parts, having previously agreed this with the employer.

Important! When dividing the vacation period, one part of it must be at least 14 days. Rest should be provided every year, so its transfer or replacement for monetary compensation are not allowed.

How to take leave for a minor

The procedure for processing documents for underage workers is no different from analogues used for ordinary categories of citizens.

1. First, a teenager must write an application for a vacation. Its structure is pretty standard. In the header of the document, the personal data of the manager and employee and their positions are written. The main part begins with the word “Application”, followed by a request to provide the next paid vacation, indicating the date of its start. In conclusion, signatures and the current date are put.
2. Please note that for a one-time vacation, it is enough to set the start date, and 31 days will be calculated automatically, but if the vacation is divided into parts, then you need to specify the full time frame.
3. Based on the application, the employer draws up an order to grant leave, it must contain the employee's personal data, his position, the start and end dates of the vacation, the signature and seal of the head, as well as a place for the employee's signature confirming familiarization with the order.
4. Finally, a citizen going on vacation must receive a certificate-account, on the basis of which he will receive the payments prescribed by law.

Important! The law does not stipulate specific deadlines for submitting an application, but it is worth remembering that the shortest period between submitting documents and accruing vacation money is three days.

Due payments

Payments for the annual basic paid leave for employees under the age of 18 are calculated according to the general formula. That is, to calculate the total amount, it is necessary to calculate the average daily salary of a teenager.

1. First, all the money received by the employee during the billing period is divided by the number of months worked, then by the average number of days in the month (29.3).
2. The resulting figure is multiplied by 31 or another number of vacation days.

It should be noted that employees who combine work and study are entitled to additional leave with wages. This rule applies to all citizens, regardless of their age.

Denial of leave

Sometimes an employer denies a minor employee a legal vacation, in such a situation, a teenager just needs to write an application and wait two weeks, and then go on vacation, no matter what.

If the management violates the law, for example, does not let you rest, calls you to work ahead of schedule, then the vacationer should file a claim indicating the violated articles of the Labor Code.

Additionally, an unscrupulous leader will face an administrative fine of 5,000 to 50,000 rubles. If cases of refusal to rest are repeated, then the organization is waiting for an inspection in the person of a labor inspector or a trial.