About regular and additional holidays
Rules on regular and additional holidays
(about holidays and other types of leisure time)
REGULATIONS
ABOUT REGULAR AND ADDITIONAL HOLIDAYS
(Published on the basis of the Decree of the Council of People's Commissars of the USSR
dated February 2, 1930 - protocol N 5/331, item 28)
(as amended by the Decrees of the NCT of the USSR
dated 08/13/1930 N 267, dated 12/14/1930 N 365,
dated 01/19/1931 N 21, dated 01/31/1931 N 32,
Decrees of the All-Union Central Council of Trade Unions of 02.02.1936 (Minutes N 164),
Decrees of the Council of Ministers of the USSR of December 6, 1956 N 1586,
Decrees of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions
dated 29.12.1962 N 377/30, Orders
Ministry of Health and Social Development of the Russian Federation dated 03.03.2005 N 190,
dated 20.04.2010 N 253)
I. Right to leave
1. Every employee who has worked with this employer for at least 5 1/2 months is entitled to receive regular leave.
The next vacation is granted once during the year of work of the employee with this employer, counting from the date of entry to work, that is, once in the working year.
The right to the next regular leave on account of the new working year arises for the employee after 5 1/2 months from the end of the previous working year.
Employees who joined this employer in 1929 or earlier are granted leave in compliance with Art. 87.
If an employee is transferred at the suggestion of a labor body or a commission attached to it, or at the suggestion of a party, Komsomol or professional organization from one enterprise or institution to another, without interruption in work, then the length of service giving the right to leave shall include the time worked at previous employer - provided that the employee, at his own request, did not receive compensation for unused vacation during this time.
(Part five was introduced by the Decree of the NCT of the USSR of 31.01.1931 N 32)
Example. The employee entered the plant on February 3, 1930. On July 18, 1930, he receives the right to the next vacation on account of the year of his work, i.e. until February 3, 1931. He will receive the right to the next vacation on account of the second year of work until February 3, 1932 on July 18, 1931, etc.
2. There may be cases when an employee leaves before the end of the working year for which he has already received leave. In these cases, when calculating, the employer has the right to deduct from wages for unworked vacation days.
Withholding is not allowed if the employee leaves due to: a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work; b) admission to active military service; c) business trips in accordance with the established procedure to a higher education institution, a technical school, a workers' faculty, a preparatory department at a higher educational institution or training courses at a higher education institution or a workers' faculty; d) transfer to another job at the suggestion of a labor body or a commission attached to it, as well as a party, Komsomol or professional organization; e) found out unfitness for work.
The paragraph does not apply to the territory Russian Federation. - Orders of the Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190, of 04.20.2010 N 253.
This entire article applies regardless of whether the leave is used after 5 1/2 months of work or before this period - in advance (Article 12).
Example. The worker entered on January 15, 1931. He received full leave from July 15, and on August 15, 1931 he resigned for own will. The employer can withhold wages from him for 5 days, since the employee received 12 days of vacation for 12 months of work and did not complete 5 months of them.
(Art. 2 as amended by the Decree of the NCT of the USSR dated 12/14/1930 N 365)
3. If the employee left before the end of the working year for which he had already received leave or full compensation, then the new employer has a 5 1/2-month period of work giving the right to leave, is calculated as follows:
a) if, upon dismissal, a deduction was made for all unworked vacation days, then a 5 1/2-month period is considered from the date of receipt by a new employer;
b) if, upon dismissal, the employer, having the right to deduction, did not actually make it at all or partially, then the 5 1/2-month period begins when the employee has worked for the new employer for one month for each unworked vacation day for which wages remained unreserved (and with an 18- or 24-day vacation from the previous employer - one month for every one and a half or two days);
c) if at the time of dismissal the employer did not have the right to deduction, then the 5 1/2-month period begins after the expiration of the working year for which the leave or full compensation was received from the previous employer; in this case, the one-year period also includes the time of a break in work after dismissal, as well as the time spent at work that does not give the right to leave (temporary, seasonal, etc.).
Example 1 (to item "b"). The employer, dismissing the employee on August 15, 1931, had the right to withhold wages from him for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the employee fell ill the rest of August). On September 1, 1931, the worker went to a new employer. 5 1/2-month period for a new vacation will begin for him only on December 1, 1931 and will expire on May 15, 1932.
Example 2 (to item "c"). On October 1, 1931, the employer dismissed an employee who had served with him since March 1, 1931 and had already used his vacation to reduce staff. On October 15, 1931, the worker went to a new employer. 5 1/2-month period for a new vacation will begin for him only on March 1, 1932 and will expire on August 15, 1932.
(Article 3 as amended by the Decree of the NCT of the USSR dated 12/14/1930 N 365)
4. In the 5 1/2-month period of work, giving the right to the next vacation, the following are counted:
a) actual hours worked;
b) the time when the employee did not actually work, but the employer was obliged by law or a collective agreement to retain his position and earnings in whole or in part (including the time paid by the employer for forced absenteeism in case of improper dismissal and subsequent reinstatement at work);
c) the time when the employee, while retaining his position, actually did not work, but received benefits from the insurance fund (illness, injury, pregnancy, childbirth, quarantine, caring for a sick family member).
The rest of the time during which the worker did not actually work is not counted to the worker.
Example. The worker entered the workshop on March 5. From April 1 to April 15, he was ill and received an allowance from the insurance fund during these days; on the days of May 1 - 5, he was called for a short-term collection in the territorial part; from June 1 to June 10, he did not go to work for reasons recognized by the employer as valid, but without payment for the missed time. The right to leave for such an employee arises after 5 1/2 months and another 10 days, i.e. August 30th.
5. Not applicable. - Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30.
6. The receipt of leave or compensation for it must be noted by the employer in the pay book and work list - in accordance with the established forms of these documents. The same mark must be entered in the certificate issued to the employee upon dismissal.
In all these cases, the period for which the leave or compensation was granted must be indicated (for example, "leave was used for the time before June 1, 1931"). If, upon dismissal of an employee, the employer has the right to withhold wages for unworked vacation days (Article 2), then a note is added in the employee’s documents: “deduction for unworked vacation days was made in full” or “wages for so many days of vacation remained undeducted” .
(as amended by the Decree of the NCT of the USSR dated 12/14/1930 N 365)
If the documents submitted by the employee do not contain instructions on the use of leave from the previous job, the employer may require a relevant certificate from the employee or request it himself from the previous place of work.
II. Vacation duration
7. Regular leave for adult employees is provided in all cases for 12 working days, with the addition of days off falling on vacation time.
In the same amount, full additional leave is granted to employees employed in especially harmful and dangerous conditions according to the lists of professions established by the CNT or the collective agreement, unless these lists provide for leave of a different duration.
8. Employees with irregular working hours may be granted additional leave as compensation for workload and work outside of normal working hours.
This leave is for public institutions and enterprises and mixed joint-stock companies with the predominant participation of state capital cannot exceed 12 working days.
9. Minor employees who are under 18 years of age by the day the right to leave arises, as well as all students of factory and mining apprenticeship schools and schools of mass professions - the next vacation is granted in the amount of one calendar month (for example, from June 5 to July 5), but not less than 24 business days.
If these minors or students are allowed to work in the established order in especially harmful and dangerous professions listed in the lists of the CNT, then the next vacation is granted to them in total in the amount of one and a half calendar months, but not less than 36 working days.
III. Time and procedure for using vacation
10. Vacations are granted to employees at any time throughout the year in the order of priority established by the RSC, and in the absence of the RSC - by agreement of the employer with the relevant trade union body.
The order of granting holidays for each year is established no later than January 1 of this year (for 1931 - no later than January 25, 1931).
(as amended by the Decree of the NCT of the USSR of 19.01.1931 N 21)
Vacation can be granted both sequentially to one employee after another, and simultaneously to all or some groups of employees (for example, if the suspension of the enterprise for repairs is inevitable).
In the event of an unexpected suspension of work in an enterprise or institution or in its individual parts (due to an accident, natural disaster, etc.), by decision of the RSC, vacations can be granted to all groups or some groups of employees simultaneously, with a derogation from the previously established queue.
11. Holidays should not be confined exclusively to the 1st and 15th of each month, but should be distributed, if possible, evenly throughout the month.
12. When establishing a queue, leave may be provided for this or that employee before he has the right to leave (in advance).
Part two is excluded. - Decree of the NCT of the USSR of December 14, 1930 N 365.
Example excluded. - Decree of the NCT of the USSR of December 14, 1930 N 365.
13. Holidays for underage workers are granted (in the order of priority established by the RSC) according to the general rule in the summer. This does not deprive minors of the right to use leave at other times of the year.
14. There may be cases when an employee has the right to regular and additional leave at different times. In such cases, both holidays are granted to him at the same time in full within the time period determined by the RSC when establishing the general order of holidays. At the same time, the period of work for a new vacation on account of the next working year is calculated separately for the next and additional holidays.
Example. An employee who entered the plant on March 10, 1930, is transferred to a hazardous workshop from May 10. The right to the next vacation comes on August 25, and for an additional one - only on October 25. In order of priority, he is granted both holidays from October 1. AT next year he has the right to new holidays again; for the first vacation - August 25, and for the second - October 25.
15. Leave for a combined position is granted simultaneously with leave for the main position.
16. The employer is obliged to timely submit for consideration by the RKK (and in the absence of the RKK - for the consideration of the trade union) a draft distribution of the vacation queue.
The employer is also obliged to notify each employee of the start and end time of his vacation. Notification is made no later than fifteen days in advance by posting appropriate announcements in workshops, workshops, departments and other places of work.
Employees who receive leave on an individual basis (for example, when the period of leave is postponed) must be warned by written notice.
If, by decision of the RSC, leave is granted to a group of employees out of turn due to an accident, natural disaster, etc., then notification of employees about the time of their vacation must be made no later than two days in advance.
17. Regular or additional leave must be rescheduled or extended in the following cases:
a) in case of temporary incapacity for work of the employee, certified by a sick leave certificate (certificate of incapacity for work);
(clause "a" as amended by the Decree of the Council of Ministers of the USSR of 06.12.1956 N 1586)
b) if an employee is involved in the performance of state or public duties;
c) in case of arrest of the employee;
d) in other cases provided for by special resolutions.
The employer has the right to require the employee to submit documents proving the impossibility of using the leave at the appointed time.
In addition, according to a special application of the employee, the vacation must be postponed even if the employer did not notify the employee in a timely manner of the time of his vacation or did not pay wages for the time of vacation before the start of the vacation.
18. If the reasons preventing the employee from going on vacation occurred before it began, then the new vacation period is determined by agreement between the employer and the employee.
If these reasons occur during the employee's vacation, then the period for returning from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.
These days are paid by the employer if, by law or contract, he was obliged to pay the employee's wages for the time of fulfillment of state or public duty or for the time of arrest.
When the vacation is extended due to temporary disability, the employer does not pay extra days.
Example 1. An employee went on vacation on September 15, for a period of a month. From October 1 to October 10, he was ill and received a sick leave and benefits from the insurance fund. His leave must be extended until October 25, without payment by the employer, since, thanks to the grant of the allowance, the additional days have already been paid for when the leave was granted. But if the employee has not received a sick leave, the vacation cannot be extended.
Example 2. An employee, being on vacation, was summoned to court for 3 days by an expert. Vacation must be extended by 3 days with payment for these days according to average earnings.
19. Postponement of the entire vacation in other cases, except for those specified in Art. 17, is allowed by agreement of the employer and employee or by decision of the RSC, and the division into parts of the next vacation (including summarized) - by agreement of the employer and employee.
In the absence of these conditions, the transfer and division of leave is not allowed.
IV. Preservation of the position and earnings during the holidays
20. Dismissal of an employee who is on regular or additional leave is not allowed, except in the following cases:
a) complete liquidation of the enterprise or institution;
b) suspension of work in the enterprise or institution as a whole for a period of more than one month for production reasons;
c) the entry into force of a guilty verdict in a case directly related to work in this enterprise or institution;
d) in the case when the dismissal is carried out in the order of cleaning the apparatus in the first or second category.
21. During the time the employee is on regular or additional leave, he retains his average earnings.
Payment of earnings is made on the eve of the start of the vacation.
22. If during the employee's stay on vacation his salary has changed, then recalculation with the employee in connection with this change is not made, except in the case of an increase in the fixed rate or the salary of the employee paid by the time. The enterprise or institution is obliged to pay this employee the difference between the old and the new rate or salary for the time from the date of the pay increase.
Recalculation is made in all cases of detection of irregularities in the calculation of wages.
V. Accumulation of holidays and compensation for holidays
23. Failure to grant the next vacation in the current year is allowed only if the provision of vacation this employee may adversely affect the normal course of operation of the enterprise or institution.
In order not to grant leave, an agreement between the employer and the employee and the approval of this agreement by the pricing and conflict commission is necessary. In case of failure to reach an agreement between the employer and the employee, the issue is resolved by the RSC in a conflict order.
24. It is prohibited not to grant regular vacations for two consecutive years.
25. It is prohibited not to grant regular holidays to minors, as well as additional holidays in particularly harmful and dangerous professions - with the exception of cases of dismissal of an employee.
26. In addition to cases of direct non-provision of leave (Article 23), leave is considered not used (in whole or in part) due to the fault of the employer also in the following cases:
a) if the vacation remained unused due to the employer's failure to take measures to establish the queue of vacations;
b) if the vacation, which was subject to mandatory transfer, was not postponed for a new period.
27. In case of non-use of vacation (in whole or in part) due to the fault of the employer, the employee must be paid monetary compensation for unused vacation or next year the vacation must be extended for an unused period.
To summarize the leave, an agreement between the employer and the employee concerned is sufficient. The summation of vacation if the employer or employee disagrees, as well as any payment of monetary compensation for vacation (except in cases of dismissal) is allowed only by decision of the RSC.
An employee's refusal to use leave within the time period set for him without agreement with the employer, and if an agreement is not reached - without the permission of the RSC - does not give the employee the right to compensation or summation of leave.
28. Upon dismissal of an employee who did not use his right to leave, he is paid compensation for unused leave.
At the same time, employees who are dismissed for any reason and who have worked with this employer for at least 11 months, which are subject to offset against the period of work giving the right to leave, receive full compensation.
Employees who have worked from 5 1/2 to 11 months also receive full compensation if they leave due to:
a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;
b) admission to active military service;
c) business trips in accordance with the established procedure to universities, technical schools, workers' faculties, preparatory departments at universities and training courses in universities and workers' faculties;
c) transfer to another job at the suggestion of the labor authorities or the commissions attached to them, as well as party, Komsomol and professional organizations;
e) found out unfitness for work.
(part three as amended by the Decree of the NCT of the USSR dated 13.08.1930 N 267)
In all other cases, workers receive proportional compensation. Thus, employees who have worked from 5 1/2 to 11 months receive proportional compensation if they leave for any other reasons than those indicated above (including voluntarily), as well as all employees who have worked less than 5 1/2 months, regardless of the reasons for dismissal.
29. Full compensation is paid in the amount of average earnings for the period of full leave.
Proportional compensation is paid in the following amounts:
a) with a vacation of 12 working days - in the amount of the daily average earnings for each month of work, subject to offset in the period giving the right to leave;
b) with a vacation of 24 working days and with a monthly vacation - in the amount of two days of average earnings for each month;
c) with a one and a half month vacation - in the amount of three days, and with a two-month vacation - in the amount of four days of average earnings for each month.
When calculating the period of work giving the right to compensation, section I of these Rules shall apply accordingly.
Example 1: A worker joins work on June 1, 1930 and leaves on March 1, 1931. He is entitled to receive compensation for 9 months of work, i.e. with a vacation of 12 working days - 9 days, with a vacation of 24 working days and a month's vacation - 18 days, with a month and a half vacation - 27 days, and with a two-month vacation - 36 days at the rate of daily average earnings.
Example 2. An employee went to work on March 1, and from June 1 he was transferred to the workshop with harmful conditions work. Upon dismissal on August 1, he will receive compensation: for the next vacation - for 5 months of work, and for the additional one - for 2 months, and only seven days' earnings.
30. Compensation for leave extended on the basis of a collective or written employment contract or on the basis of a note in the passbook, is paid according to the period of vacation specified in the agreement or passbook.
In other cases of non-mandatory vacation extension, the employer is obliged to pay compensation in accordance with the generally established vacation period.
When summing up holidays, extended holidays are included in the calculation in all cases in full.
31. In the event of a combination of jobs, compensation for leave not used in a combined position is paid on a general basis.
32. Compensation for leave is paid at the end of the year of work, except in cases of dismissal of the employee.
33. In the event of the death of an employee, leave compensation is paid on a general basis.
VI. Final provisions
34. When paying wages or compensation for vacation, the average earnings are calculated in the manner prescribed by the Decree of the Council of People's Commissars of the USSR on July 25, 1935.
(Art. 34 as amended by the Decree of the All-Union Central Council of Trade Unions of 02.02.1936 (Minutes N 164))
35. When calculating periods of work that give the right to proportional additional leave or to compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to a full month.
35-a. In institutions and in the administrative apparatus of enterprises in the socialized sector (in the boards of trusts, associations, etc., but not in plant administrations), these Rules are applied with the following additions:
a) During each month, 8-9 percent of the entire staff of employees should go on vacation. In 1931, from May 15 to October 1, it is allowed to increase this rate to 12-15 percent (in view of the incomplete readiness of resorts and rest houses for work throughout 1931). Deviations from these norms are allowed only in the bodies associated with the maintenance of seasonal work.
Simultaneous granting of holidays to all employees of the institution or its individual parts is allowed only in cases where this is caused by production conditions (for example, if work is unavoidably suspended for the duration of repairs).
Example. The institution has 200 employees. Consequently, during each month 16 - 18 employees must go on vacation. Since holidays must be provided evenly throughout the month, it is possible, for example, to provide holidays on the 3rd, 13th and 23rd or 7th, 17th and 27th, etc. - so that in each of these periods 5 - 6 employees go on vacation, and in just a month 16 - 18 employees.
b) Extension of vacation due to unused days off is prohibited.
c) It is forbidden to grant leave without pay, except in cases where they are provided special laws(for example, laws on the distribution of young professionals to work after graduating from universities and technical schools).
d) When going on vacation, the transfer of unfinished work to other employees is not allowed.
(Article 35-a was introduced by the Decree of the NCT of the USSR of 19.01.1931 N 21)
Paragraph 36 actually lost force in connection with the publication of the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions dated December 24, 1960 N 1353/28, which approved a new List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and reduced work day, as well as the Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30, which approved the Instruction on the procedure for applying the said List.
36. In cases where special regulations establish for certain categories of workers (in particular, for workers in areas with especially harmful climatic conditions) special rules for granting holidays, these Rules do not apply to the extent that they contradict these special regulations. In the rest of its part, these Rules are applied on a general basis.
Special Rules on additional holidays for especially harmful climatic conditions are attached (not given).
37. For workers who joined this employer before July 16, 1929, a 5 1/2-month period of work, giving the right to leave with this employer in 1930, is considered from January 1, 1930.
For employees who entered between July 16, 1929 and January 1, 1930, the term is also considered from January 1, 1930, if they, on the basis of collective agreement acquired for 1929 the right to proportional leave or proportional compensation. Otherwise, the period is considered from the day of employment.
For employees whose term of work giving the right to leave for 1930 is considered from January 1, 1930, the working year in further work with this employer is considered from January 1 to January 1 (i.e. coincides with the calendar year).
Example. The worker, working at the factory for 2 years, in 1928 was on the next vacation, and the vacation of 1929 was transferred to him in 1930. In 1930 he will receive a summarized vacation, and the period of work for vacation in 1930 January 1, 1930
In case of dismissal of his own free will on October 1, 1930, before using the leave, the employee will receive full compensation for the leave of 1929 and, in addition, proportional compensation for 9 months of work in 1930, counting from January 1.
38. When granting vacations in 1930 in enterprises and institutions and compensation for them, these Rules do not apply to employees employed in them who, by the day these Rules come into force, have already used their vacation for 1930 or are on vacation for 1930 .
39. To employees who in 1930 were dismissed by the employer before the entry into force of these Rules and entered in 1930 to a new employer - these Rules apply as follows:
a) if the employee was dismissed with proportional compensation for the part of 1930, then the Rules apply to him on a general basis;
b) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 he also received the right to full leave or full compensation somewhere, then the period of work for a new vacation is considered from January 1, 1931;
c) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 he did not receive the right to full leave or full compensation anywhere, then the period of work for a new leave is considered from the end of the year after starting work by previous employer.
Example. The worker first went to work on October 1, 1929. Since he worked in 1929 for only 3 months, he did not receive any leave or compensation for 1929. On April 1, 1930, he resigned with full compensation for 1930, and on June 1, 1930, he joined a new employer. The period of work for a new vacation will be considered only from October 1, 1930, when a year passes from the date of entry to work with the previous employer.
40. Canceled:
1) Decree of the NCT of the USSR of August 14, 1923 N 36 - Rules on regular additional holidays ("News of the NCT of the USSR and the RSFSR", 1923, N 4/28);
2) clarification of the NCT of the USSR of August 28, 1923 N 56 on the interpretation of Art. 18 of the Rules on regular and additional holidays ("Izvestiya NKT USSR and RSFSR", 1928, N 4/28);
3) clarification of the NCT of the USSR of August 23, 1924 N 357/30 on the interpretation of Art. Art. 12 - 14 of the Rules on regular and additional holidays ("Izvestia of the NKT of the USSR", 1924, N 31);
4) clarification of the NCT of the USSR dated October 24, 1924 N 446/38 on the procedure for calculating compensation for unused vacation and maintenance during the vacation ("Izvestia of the NCT of the USSR", 1924, N 43);
5) clarification of the NCT of the USSR dated June 16, 1926 N 132/350 on the duration of holidays for persons under the age of 18 and employed in professions that give the right to additional leave due to hazardous work ("Izvestiya of the NCT of the USSR", 1926, N 24-25);
6) clarification of the NCT of the USSR dated April 30, 1929 N 155 on the duration of the vacation ("Izvestia of the NCT of the USSR", 1929, N 20-21).
41. Art. 1 of the Decree of the NCT of the USSR of February 21, 1928 on the working conditions of overgrown pupils of schools of factory and mining apprenticeships (Izvestiya of the NCT of the USSR, 1928, N 11), the word "vacations" is excluded.
People's Commissar of Labor of the USSR
UGLANOV
Member of the Collegium of the NCT of the USSR
and Head. Organizational and Legal
Department of the NCT of the USSR
SERINA
Agreed with the All-Union Central Council of Trade Unions
April 30, 1930
Tags
REGULATIONS
ABOUT REGULAR AND ADDITIONAL HOLIDAYS
(Published on the basis of the Decree of the Council of People's Commissars of the USSR of February 2, 1930 - protocol N 5/331, p. 28)
(as amended by the Decrees of the NCT of the USSR dated 13.08.1930 N 267, dated 12/14/1930 N 365,
dated 19.01.1931 N 21, dated 31.01.1931 N 32, Resolutions of the All-Union Central Council of Trade Unions dated 02.02.1936 (Minutes N 164), Resolutions of the Council of Ministers of the USSR dated 06.12.1956 N 1586,
Decrees of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30, Order of the Ministry of Health and Social Development of the Russian Federation of March 3, 2005 N 190)I. Right to leave
1. Every employee who has worked with this employer for at least 5 1/2 months is entitled to receive regular leave.
The next vacation is granted once during the year of work of the employee with this employer, counting from the date of entry to work, that is, once in the working year.
The right to the next regular leave on account of the new working year arises for the employee after 5 1/2 months from the end of the previous working year.
Employees who joined this employer in 1929 or earlier are granted leave in compliance with Art. 87.
If an employee is transferred at the suggestion of a labor body or a commission attached to it, or at the suggestion of a party, Komsomol or professional organization from one enterprise or institution to another, without interruption in work, then the length of service giving the right to leave shall include the time worked at previous employer - provided that the employee, at his own request, did not receive compensation for unused vacation during this time.
(Part five was introduced by the Decree of the NCT of the USSR of 31.01.1931 N 32)
Example. The employee entered the plant on February 3, 1930. On July 18, 1930, he receives the right to the next vacation on account of the year of his work, i.e. until February 3, 1931. He will receive the right to the next vacation on account of the second year of work until February 3, 1932 on July 18, 1931, etc.
2. There may be cases when an employee leaves before the end of the working year for which he has already received leave. In these cases, when calculating, the employer has the right to deduct from wages for unworked vacation days.
Withholding is not allowed if the employee leaves due to: a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work; b) admission to active military service; c) business trips in accordance with the established procedure to a higher education institution, a technical school, a workers' faculty, a preparatory department at a higher educational institution or training courses at a higher education institution or a workers' faculty; d) transfer to another job at the suggestion of a labor body or a commission attached to it, as well as a party, Komsomol or professional organization; e) found out unfitness for work.
The paragraph is not valid on the territory of the Russian Federation. - Order of the Ministry of Health and Social Development of the Russian Federation of 03.03.2005 N 190.
This entire article applies regardless of whether the leave is used after 5 1/2 months of work or before this period - in advance (Article 12).
Example. The worker entered on January 15, 1931. From July 15, he received full leave, and on August 15, 1931, he resigned of his own free will. The employer can withhold wages from him for 5 days, since the employee received 12 days of vacation for 12 months of work and did not complete 5 months of them.
3. If the employee left before the end of the working year for which he had already received leave or full compensation, then the new employer has a 5 1/2-month period of work giving the right to leave, is calculated as follows:
a) if, upon dismissal, a deduction was made for all unworked vacation days, then a 5 1/2-month period is considered from the date of receipt by a new employer;
b) if, upon dismissal, the employer, having the right to deduction, did not actually make it at all or partially, then the 5 1/2-month period begins when the employee has worked for the new employer for one month for each unworked vacation day for which wages remained unreserved (and with an 18- or 24-day vacation from the previous employer - one month for every one and a half or two days);
c) if at the time of dismissal the employer did not have the right to deduction, then the 5 1/2-month period begins after the expiration of the working year for which the leave or full compensation was received from the previous employer; in this case, the one-year period also includes the time of a break in work after dismissal, as well as the time spent at work that does not give the right to leave (temporary, seasonal, etc.).
Example 1 (to item "b"). The employer, dismissing the employee on August 15, 1931, had the right to withhold wages from him for 5 unworked days of vacation, but in fact withheld it only for 2 days (since the employee fell ill the rest of August). On September 1, 1931, the worker went to a new employer. 5 1/2-month period for a new vacation will begin for him only on December 1, 1931 and will expire on May 15, 1932.
Example 2 (to item "c"). On October 1, 1931, the employer dismissed an employee who had served with him since March 1, 1931 and had already used his vacation to reduce staff. On October 15, 1931, the worker went to a new employer. 5 1/2-month period for a new vacation will begin for him only on March 1, 1932 and will expire on August 15, 1932.
4. In the 5 1/2-month period of work, giving the right to the next vacation, the following are counted:
a) actual hours worked;
b) the time when the employee did not actually work, but the employer was obliged by law or a collective agreement to retain his position and earnings in whole or in part (including the time paid by the employer for forced absenteeism in case of improper dismissal and subsequent reinstatement at work);
c) the time when the employee, while retaining his position, actually did not work, but received benefits from the insurance fund (illness, injury, pregnancy, childbirth, quarantine, caring for a sick family member).
The rest of the time during which the worker did not actually work is not counted to the worker.
Example. The worker entered the workshop on March 5. From April 1 to April 15, he was ill and received an allowance from the insurance fund during these days; on the days of May 1 - 5, he was called for a short-term collection in the territorial part; from June 1 to June 10, he did not go to work for reasons recognized by the employer as valid, but without payment for the missed time. The right to leave for such an employee arises after 5 1/2 months and another 10 days, i.e. August 30th.
5. Not applicable. - Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30.
6. The receipt of leave or compensation for it must be noted by the employer in the pay book and work list - in accordance with the established forms of these documents. The same mark must be entered in the certificate issued to the employee upon dismissal.
In all these cases, the period for which the leave or compensation was granted must be indicated (for example, "leave was used for the time before June 1, 1931"). If, upon dismissal of an employee, the employer has the right to withhold wages for unworked vacation days (Article 2), then a note is added in the employee’s documents: “deduction for unworked vacation days was made in full” or “wages for so many days of vacation remained undeducted” .
If the documents submitted by the employee do not contain instructions on the use of leave from the previous job, the employer may require a relevant certificate from the employee or request it himself from the previous place of work.
II. Vacation duration
7. Regular leave for adult employees is provided in all cases for 12 working days, with the addition of days off falling on vacation time.
In the same amount, full additional leave is granted to employees employed in especially harmful and dangerous conditions according to the lists of professions established by the CNT or the collective agreement, unless these lists provide for leave of a different duration.
8. Employees with irregular working hours may be granted additional leave as compensation for workload and work outside of normal working hours.
The period of this leave in state institutions and enterprises and mixed joint-stock companies with a predominant participation of state capital cannot exceed 12 working days.
9. Minor employees who are under 18 years of age by the day the right to leave arises, as well as all students of factory and mining apprenticeship schools and schools of mass professions - the next vacation is granted in the amount of one calendar month (for example, from June 5 to July 5), but not less than 24 business days.
If these minors or students are allowed to work in the established order in especially harmful and dangerous professions listed in the lists of the CNT, then the next vacation is granted to them in total in the amount of one and a half calendar months, but not less than 36 working days.
III. Time and procedure for using vacation
10. Vacations are granted to employees at any time throughout the year in the order of priority established by the RSC, and in the absence of the RSC - by agreement of the employer with the relevant trade union body.
The order of granting holidays for each year is established no later than January 1 of this year (for 1931 - no later than January 25, 1931).
Vacation can be granted both sequentially to one employee after another, and simultaneously to all or some groups of employees (for example, if the suspension of the enterprise for repairs is inevitable).
In the event of an unexpected suspension of work in an enterprise or institution or in its individual parts (due to an accident, natural disaster, etc.), by decision of the RSC, vacations can be granted to all groups or some groups of employees simultaneously, with a derogation from the previously established queue.
11. Holidays should not be confined exclusively to the 1st and 15th of each month, but should be distributed, if possible, evenly throughout the month.
12. When establishing a queue, leave may be provided for this or that employee before he has the right to leave (in advance).
Part two is excluded. - Decree of the NCT of the USSR of December 14, 1930 N 365.
Example excluded. - Decree of the NCT of the USSR of December 14, 1930 N 365.
13. Holidays for underage workers are granted (in the order of priority established by the RSC) according to the general rule in the summer. This does not deprive minors of the right to use leave at other times of the year.
14. There may be cases when an employee has the right to regular and additional leave at different times. In such cases, both holidays are granted to him at the same time in full within the time period determined by the RSC when establishing the general order of holidays. At the same time, the period of work for a new vacation on account of the next working year is calculated separately for the next and additional holidays.
Example. An employee who entered the plant on March 10, 1930, is transferred to a hazardous workshop from May 10. The right to the next vacation comes on August 25, and for an additional one - only on October 25. In order of priority, he is granted both holidays from October 1. The following year, he again has the right to new holidays; for the first vacation - August 25, and for the second - October 25.
15. Leave for a combined position is granted simultaneously with leave for the main position.
16. The employer is obliged to timely submit for consideration by the RKK (and in the absence of the RKK - for the consideration of the trade union) a draft distribution of the vacation queue.
The employer is also obliged to notify each employee of the start and end time of his vacation. Notification is made no later than fifteen days in advance by posting appropriate announcements in workshops, workshops, departments and other places of work.
Employees who receive leave on an individual basis (for example, when the period of leave is postponed) must be warned by written notice.
If, by decision of the RSC, leave is granted to a group of employees out of turn due to an accident, natural disaster, etc., then notification of employees about the time of their vacation must be made no later than two days in advance.
17. Regular or additional leave must be rescheduled or extended in the following cases:
a) in case of temporary incapacity for work of the employee, certified by a sick leave certificate (certificate of incapacity for work);
b) if an employee is involved in the performance of state or public duties;
c) in case of arrest of the employee;
d) in other cases provided for by special resolutions.
The employer has the right to require the employee to submit documents proving the impossibility of using the leave at the appointed time.
In addition, according to a special application of the employee, the vacation must be postponed even if the employer did not notify the employee in a timely manner of the time of his vacation or did not pay wages for the time of vacation before the start of the vacation.
18. If the reasons preventing the employee from going on vacation occurred before it began, then the new vacation period is determined by agreement between the employer and the employee.
If these reasons occur during the employee's vacation, then the period for returning from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.
These days are paid by the employer if, by law or contract, he was obliged to pay the employee's wages for the time of fulfillment of state or public duty or for the time of arrest.
When the vacation is extended due to temporary disability, the employer does not pay extra days.
Example 1. An employee went on vacation on September 15, for a period of a month. From October 1 to October 10, he was ill and received a sick leave and benefits from the insurance fund. His leave must be extended until October 25, without payment by the employer, since, thanks to the grant of the allowance, the additional days have already been paid for when the leave was granted. But if the employee has not received a sick leave, the vacation cannot be extended.
Example 2. An employee, being on vacation, was summoned to court for 3 days by an expert. Vacation must be extended by 3 days with payment for these days according to average earnings.
19. Postponement of the entire vacation in other cases, except for those specified in Art. 17, is allowed by agreement of the employer and employee or by decision of the RSC, and the division into parts of the next vacation (including summarized) - by agreement of the employer and employee.
In the absence of these conditions, the transfer and division of leave is not allowed.
IV. Preservation of the position and earnings during the holidays
20. Dismissal of an employee who is on regular or additional leave is not allowed, except in the following cases:
a) complete liquidation of the enterprise or institution;
b) suspension of work in the enterprise or institution as a whole for a period of more than one month for production reasons;
c) the entry into force of a guilty verdict in a case directly related to work in a given enterprise or institution;
d) in the case when the dismissal is carried out in the order of cleaning the apparatus in the first or second category.
21. During the time the employee is on regular or additional leave, he retains his average earnings.
Payment of earnings is made on the eve of the start of the vacation.
22. If during the employee's stay on vacation his salary has changed, then recalculation with the employee in connection with this change is not made, except in the case of an increase in the fixed rate or the salary of the employee paid by the time. The enterprise or institution is obliged to pay this employee the difference between the old and the new rate or salary for the time from the date of the pay increase.
Recalculation is made in all cases of detection of irregularities in the calculation of wages.
Note: Clause 22 has actually become invalid in terms of the procedure for calculating average earnings for paying vacation and paying compensation for unused vacation in connection with the publication of the Decree of the All-Union Central Council of Trade Unions of 02.02.1936 (Minutes N 164).
V. Accumulation of holidays and compensation for holidays
23. Not granting the next vacation in the current year is allowed only if the granting of vacation to this employee may adversely affect the normal course of work of the enterprise or institution.
In order not to grant leave, an agreement between the employer and the employee and the approval of this agreement by the pricing and conflict commission is necessary. In case of failure to reach an agreement between the employer and the employee, the issue is resolved by the RSC in a conflict order.
24. It is prohibited not to grant regular vacations for two consecutive years.
25. It is prohibited not to grant regular holidays to minors, as well as additional holidays in particularly harmful and dangerous professions - with the exception of cases of dismissal of an employee.
26. In addition to cases of direct non-provision of leave (Article 23), leave is considered not used (in whole or in part) due to the fault of the employer also in the following cases:
a) if the vacation remained unused due to the employer's failure to take measures to establish the queue of vacations;
b) if the vacation, which was subject to mandatory transfer, was not postponed for a new period.
27. In case of non-use of vacation (in whole or in part) due to the fault of the employer, the employee must be paid monetary compensation for unused vacation or next year the vacation must be extended for an unused period.
To summarize the leave, an agreement between the employer and the employee concerned is sufficient. The summation of vacation if the employer or employee disagrees, as well as any payment of monetary compensation for vacation (except in cases of dismissal) is allowed only by decision of the RSC.
An employee's refusal to use leave within the time period set for him without agreement with the employer, and if an agreement is not reached - without the permission of the RSC - does not give the employee the right to compensation or summation of leave.
28. Upon dismissal of an employee who did not use his right to leave, he is paid compensation for unused leave.
At the same time, employees who are dismissed for any reason and who have worked with this employer for at least 11 months, which are subject to offset against the period of work giving the right to leave, receive full compensation.
Employees who have worked from 5 1/2 to 11 months also receive full compensation if they leave due to:
a) liquidation of an enterprise or institution or its individual parts, reduction of staff or work, as well as reorganization or temporary suspension of work;
b) admission to active military service;
c) business trips in accordance with the established procedure to universities, technical schools, workers' faculties, preparatory departments at universities and training courses in universities and workers' faculties;
c) transfer to another job at the suggestion of the labor authorities or the commissions attached to them, as well as party, Komsomol and professional organizations;
e) found out unfitness for work.
In all other cases, workers receive proportional compensation. Thus, employees who have worked from 5 1/2 to 11 months receive proportional compensation if they leave for any other reasons than those indicated above (including voluntarily), as well as all employees who have worked less than 5 1/2 months, regardless of the reasons for dismissal.
29. Full compensation is paid in the amount of average earnings for the period of full leave.
Proportional compensation is paid in the following amounts:
a) with a vacation of 12 working days - in the amount of the daily average earnings for each month of work, subject to offset in the period giving the right to leave;
b) with a vacation of 24 working days and with a monthly vacation - in the amount of two days of average earnings for each month;
c) with a one and a half month vacation - in the amount of three days, and with a two-month vacation - in the amount of four days of average earnings for each month.
When calculating the period of work giving the right to compensation, section I of these Rules shall apply accordingly.
Example 1: A worker joins work on June 1, 1930 and leaves on March 1, 1931. He is entitled to receive compensation for 9 months of work, i.e. with a vacation of 12 working days - 9 days, with a vacation of 24 working days and a month's vacation - 18 days, with a month and a half vacation - 27 days, and with a two-month vacation - 36 days at the rate of daily average earnings.
Example 2. An employee went to work on March 1, and from June 1 he was transferred to a workshop with harmful working conditions. Upon dismissal on August 1, he will receive compensation: for the next vacation - for 5 months of work, and for the additional one - for 2 months, and only seven days' earnings.
30. Compensation for vacation extended on the basis of a collective or written employment contract or on the basis of a mark in the passbook shall be paid according to the period of leave specified in the agreement or passbook.
In other cases of non-mandatory vacation extension, the employer is obliged to pay compensation in accordance with the generally established vacation period.
When summing up holidays, extended holidays are included in the calculation in all cases in full.
31. In the event of a combination of jobs, compensation for leave not used in a combined position is paid on a general basis.
32. Compensation for leave is paid at the end of the year of work, except in cases of dismissal of the employee.
33. In the event of the death of an employee, leave compensation is paid on a general basis.
VI. Final provisions
34. When paying wages or compensation for vacation, the average earnings are calculated in the manner prescribed by the Decree of the Council of People's Commissars of the USSR on July 25, 1935.
35. When calculating periods of work that give the right to proportional additional leave or to compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to a full month.
35-a. In institutions and in the administrative apparatus of enterprises in the socialized sector (in the boards of trusts, associations, etc., but not in plant administrations), these Rules are applied with the following additions:
a) During each month, 8-9 percent of the entire staff of employees should go on vacation. In 1931, from May 15 to October 1, it is allowed to increase this rate to 12-15 percent (in view of the incomplete readiness of resorts and rest houses for work throughout 1931). Deviations from these norms are allowed only in the bodies associated with the maintenance of seasonal work.
Simultaneous granting of holidays to all employees of the institution or its individual parts is allowed only in cases where this is caused by production conditions (for example, if work is unavoidably suspended for the duration of repairs).
Example. The institution has 200 employees. Consequently, during each month 16 - 18 employees must go on vacation. Since holidays must be provided evenly throughout the month, it is possible, for example, to provide holidays on the 3rd, 13th and 23rd or 7th, 17th and 27th, etc. - so that in each of these periods 5 - 6 employees go on vacation, and in just a month 16 - 18 employees.
b) Extension of vacation due to unused days off is prohibited.
c) It is prohibited to grant leave without pay, except in cases where they are provided for by special laws (for example, laws on the distribution of young specialists to work after graduating from universities and technical schools).
d) When going on vacation, the transfer of unfinished work to other employees is not allowed.
36. In cases where special regulations establish for certain categories of workers (in particular, for workers in areas with especially harmful climatic conditions) special rules for granting holidays, these Rules do not apply to the extent that they contradict these special regulations. In the rest of its part, these Rules are applied on a general basis.
Special Rules on additional holidays for especially harmful climatic conditions are attached (not given).
Note: Clause 36 has actually become invalid due to the publication of the Decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of December 24, 1960 N 1353/28, which approved a new List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened working day, as well as the Decree of the USSR State Committee for Labor, the Presidium of the All-Union Central Council of Trade Unions of December 29, 1962 N 377/30, which approved the Instruction on the procedure for applying the said List.
37. For workers who joined this employer before July 16, 1929, a 5 1/2-month period of work, giving the right to leave with this employer in 1930, is considered from January 1, 1930.
For employees who entered between July 16, 1929 and January 1, 1930, the term is also considered from January 1, 1930, if they acquired the right to proportional leave or proportional compensation on the basis of a collective agreement in 1929. Otherwise, the period is considered from the day of employment.
For employees whose term of work giving the right to leave for 1930 is considered from January 1, 1930, the working year in further work with this employer is considered from January 1 to January 1 (i.e. coincides with the calendar year).
Example. The worker, working at the factory for 2 years, in 1928 was on the next vacation, and the vacation of 1929 was transferred to him in 1930. In 1930 he will receive a summarized vacation, and the period of work for vacation in 1930 January 1, 1930
In case of dismissal of his own free will on October 1, 1930, before using the leave, the employee will receive full compensation for the leave of 1929 and, in addition, proportional compensation for 9 months of work in 1930, counting from January 1.
38. When granting vacations in 1930 in enterprises and institutions and compensation for them, these Rules do not apply to employees employed in them who, by the day these Rules come into force, have already used their vacation for 1930 or are on vacation for 1930 .
39. To employees who in 1930 were dismissed by the employer before the entry into force of these Rules and entered in 1930 to a new employer - these Rules apply as follows:
a) if the employee was dismissed with proportional compensation for the part of 1930, then the Rules apply to him on a general basis;
b) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 he also received the right to full leave or full compensation somewhere, then the period of work for a new vacation is considered from January 1, 1931;
c) if the employee was dismissed after receiving full leave or full compensation for 1930, and for 1929 he did not receive the right to full leave or full compensation anywhere, then the period of work for a new leave is considered from the end of the year after starting work by previous employer.
Example. The worker first went to work on October 1, 1929. Since he worked in 1929 for only 3 months, he did not receive any leave or compensation for 1929. On April 1, 1930, he resigned with full compensation for 1930, and on June 1, 1930, he joined a new employer. The period of work for a new vacation will be considered only from October 1, 1930, when a year passes from the date of entry to work with the previous employer.
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