Granting additional leave to labor veterans. Unpaid leave for labor veterans

Additional leave for labor veterans - working pensioners provided on the basis of federal or regional regulations. Read the article below to find out how you can use it.

Additional leave for labor veterans. Grounds for granting

Benefits are provided to labor veterans and working pensioners on the basis of the Labor Code of the Russian Federation, the Law "On Veterans" dated 12.01.1995 No. 5-FZ and regional regulations. At the same time, Art. 7 of the Law "On Veterans" refers to the categories of persons who are considered veterans of labor and can take advantage of federal and regional benefits, and Part 2 of Art. 128 of the Labor Code of the Russian Federation contains a list of employees who may qualify for additional annual leave without pay. The list also includes working old-age pensioners who continue to work. Such workers can apply at any time, and the employer does not have the right to refuse it.

But labor veterans are a special category of pensioners, the legal status of which is regulated by a separate federal law. Yes, Art. 22 of the Law "On Veterans" regulates the measures of social protection of labor veterans. Prior to global changes in 2004, the rule detailed all federal benefits, including provisions for 30 days of annual unpaid leave and the ability to choose a convenient time for annual paid leave. At the moment, it has only a mean wording about their regulation by regional regulations.

This state of affairs does not always suit employees, since the determination of the list of social support measures for labor veterans is entirely within the competence of the authorities of the constituent entities of the country, which is why labor preferences for them, including the right to annual unpaid leave, are far from being established. every region. That is why such an employee, before applying for additional leave, should refer to regional regulations.

The procedure for granting leave without pay

The employer does not have the opportunity to refuse unpaid leave to a labor veteran only if the latter is also an old-age pensioner (part 2 of article 128 of the Labor Code of the Russian Federation). By itself, the status of a labor veteran is not a basis for the mandatory granting of unpaid leave, unless otherwise provided by regional legislation.

In addition, unlike annual paid leave, unpaid leave is not transferred and is not compensated in monetary terms, since this type of vacation, according to Art. 128 of the Labor Code of the Russian Federation, is provided exclusively on a declarative basis and does not belong to the category of mandatory for an employee.

As for the use of additional unpaid leave before dismissal, such an opportunity is provided for by Art. 127 of the Labor Code of the Russian Federation only in relation to annual paid leave. However, the law does not contain a direct prohibition on granting leave without pay on the eve of dismissal - which means that the employer is free to allow the employee to use unpaid rest before terminating employment with him. In this case, the last working day will be considered the last day of unpaid leave.

Length of additional leave

Some regions have their own regulations that give, among other benefits, the right to an annual additional unpaid leave for labor veterans. So, in the Moscow Region, labor veterans who continue their labor activity after retirement can not only choose a convenient time for annual paid leave, but also have the right to 35 days of unpaid leave on the basis of paragraph 6 of Art. 3 of the Law of the Ministry of Defense "On social support ..." dated March 23, 2006 No. 36 / 2006-OZ.

For comparison: the law of the Sakhalin Region with the same name (dated December 28, 2010 No. 127-ZO) does not provide for such preferences.

Labor Code of the Russian Federation in Art. 128 gives all working pensioners the right to annual administrative leave for up to 14 calendar days. Veterans of labor who have reached retirement age can apply for it where regional legislation does not have a separate rule on its duration. At the same time, it should also be taken into account that some working veterans of labor are at the same time disabled or participants in the Second World War and have other grounds for receiving additional leave.

So, part 2 of Art. 128 of the Labor Code of the Russian Federation provides for annual unpaid leave:

• participants of the Great Patriotic War (up to 35 calendar days a year);
• working disabled people (up to 60 calendar days a year).

They may apply for administrative leave on other grounds, but part 3 of Art. 13 of the Federal Law "On Veterans" establishes that only one form of social support is selected, regardless of the presence of several grounds. Thus, vacation cannot be summed up, only its longest duration is determined.

The law does not prohibit sharing additional leave and does not establish the obligation to take it in its entirety. This means that the rest time can be divided into 2 or more parts. At the same time, Art. 125 of the Labor Code of the Russian Federation, which regulates the splitting of holidays, speaks only of paid leave - which means that parts of the additional unpaid leave can be of any duration. However, this rule can be followed when calling an employee from vacation. So, you can call an employee (with his consent) from any vacation, but if a labor veteran is employed at work with harmful or dangerous conditions, then it is impossible to call him.

Registration of additional leave

Administrative (unpaid) leave for labor veterans is issued by order in the T-6 form, drawn up on the basis of a written application from the employee. The application is written in the name of the director of the enterprise and can be submitted both a few days before the start of the vacation, and the day before.

The employee must read the order and sign. If the regional law provides for additional administrative leave for labor veterans or an employee with veteran status belongs to at least one of the categories listed in Part 2 of Art. 128 of the Labor Code of the Russian Federation, it is not necessary to wait for the issuance of a vacation order or a conciliatory resolution of the head. Such employees have an unconditional right to an annual unpaid vacation, therefore, the employer’s refusal to provide it is unlawful and taking such a vacation, with proper notification of the boss, even without his consent, cannot be regarded as absenteeism.

Thus, to determine the duration of additional leave, labor veterans need to refer to regional legislation. The procedure for its provision and execution is regulated by the norms of the federal level.

Last modified: January 2019

Additional leave for labor veterans to working pensioners is regulated by the Labor Code of the Russian Federation and the Law “On Veterans” No. 5-FZ of 01/12/1995. Article 22 of the law states: the establishment, implementation and control over the observance of guarantees and benefits for labor veterans are the responsibility of the regional authorities.

Days exceeding the guaranteed interval, the employer provides at its discretion.

Subjects of the federation may, by their regulations, establish additional benefits for labor veterans in comparison with other citizens. A collective agreement, regulatory acts of the enterprise management (Article 116 of the Labor Code of the Russian Federation) may introduce additional benefits.

How holidays and weekends are counted

They are counted in the period of absence without pay. To avoid this, you need to break such a period into two intervals excluding these days.

Rogozin I.R. asked to be given unpaid leave from 09/03/2018 to 09/16/2018. In order to exclude weekends, you need to apply for two intervals: from 09/03/2018 to 09/07/2018 and from 09/10/2018 to 09/15/2018. Thus, instead of 14 days, only 10 will be used.

It is not forbidden to make out the absence from the holiday, but it is unprofitable for the employee himself.

Decor

The worker must write a statement and submit it for signature to the head. The personnel management service will prepare an order.

Director

____________________________________ (name of company) __________________________________

(name of director)

from _________________________________ position, specialty, number of structural unit, tab. No. __________________________________

Full name of the employee

Statement

Based on Art. 128 of the Labor Code of the Russian Federation, I ask you to grant me leave without pay for a period of _______ calendar days from _______________ (date) to _______________ (date) ___________________________ (specify the reason).

_______________________ _______________________

Date Signature / full text

If the administration of the enterprise is obliged to provide the employee with such a period, it is not necessary to wait for the conciliatory visa of the head.

In case of temporary suspension of the organization's activities

The employer does not have the right to give the employee leave at his own expense if the work of the organization is stopped for a certain period. An employee can use it only in connection with personal necessity and with the permission of the administration (Resolution of the Ministry of Labor of June 27, 1996 No. 140). The courts are of the same opinion. If the worker does not have the opportunity to perform official duties due to conditions that he cannot influence, which are beyond his control, the administration draws up a downtime (part 1 of article 157 of the Labor Code of the Russian Federation) with the appropriate payment.

Review

The Labor Code does not stipulate the procedure for recall. An employee can be recalled upon receipt of a written application from him and with the consent of the administration. Or on the basis of a notice sent to the employee, on which he expresses his consent or refusal. Upon reaching the consent of the employee and the head, the personnel service prepares an order, signed by the head of the organization. The employee must be familiar with the order against signature.

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Benefits for working pensioners and labor veterans in 2019 are one of the main guarantees for veterans who have retired but continue their work.

Russian legislation designates 3 main categories of pensioners:

• military - these are citizens who have served in the armed forces of the Russian Federation, in fire defense or in internal affairs bodies;
• disabled people - persons recognized as disabled for health reasons;
• by age - these are people who are 55-60 years old, and they have an insurance record of 5 years.

The labor issues of pensioners are regulated by the Labor Code and the Federal Law “On Veterans”.

Rights of working pensioners

Working pensioners are protected by the legislative framework of the Russian Federation. Thus, they are guaranteed the following rights:

1. With the onset of retirement age, there is no need to quit your job. At the same time, the employer can remove the pensioner from work solely on the basis of the norms of the Labor Code.
2. There are no salary limits.
3. The pensioner can terminate the employment contract with the employer at any time.
4. There is an opportunity to work part-time.
5. Sick leave is paid according to general conditions.

Guarantees for working employees of retirement age

Working pensioners retain all the same rights as other younger employees.

1. An employer cannot refuse a job seeker because of age - such reasoning is considered a serious offense.
2. Retirement age is not a reason for dismissal - otherwise, the employer faces heavy fines.
3. Retirees tend to have long seniority, which means they have an advantage in keeping their jobs while downsizing, according to the Labor Code.
4. A pensioner may not work for two weeks if he wrote a letter of resignation - he can leave on the same day. In the application, it is best to indicate "dismissal of one's own free will."
5. Opportunity to conclude an employment contract with the employer with fixed terms. This means that the pensioner himself can determine the terms for working in the company. However, such an agreement is concluded only with the consent of both parties. If a retired employee was forced to sign, and this fact is confirmed in court, the hirer faces fines, and the contract automatically goes into the category of an open-ended one.

Key Benefits for Labor Veteran Pensioners in 2019

Among pensioners, it is not uncommon to find those who have the status of a labor veteran. To fall into this category, a woman needs to work at least 35 years before receiving a pension, and a man - from 40 years.

If the pensioner continues to work, and is also considered a labor veteran, the employer must comply with his benefits, including:

• Ability to work part-time or part-time.

The work schedule is discussed and agreed with the employer. The TC lists the categories of persons, at whose request the Directorate can approve such a schedule.

In particular, these are workers who care for a sick family member.

• Additional leave for working pensioners and labor veterans at their own expense for up to 30 days.

The norm is enshrined in the Labor Code, in Art. 128. This period is not paid. The employee can take it off at a time or divide it into several parts.

This type of leave should be provided at any time when it is necessary for a person.

However, if the management considers the reason for the free vacation to be unreasonable, the employee will not be released.

On the other hand, the administration cannot refuse a pensioner a vacation, justifying it with production necessity.

Vacation for working pensioners of labor veterans at their own expense is issued regardless of whether the main paid vacation has passed or not.

Tax incentives for retired workers

Regardless of whether a pensioner works or not, he is exempt from paying personal income tax.

Taxes are not withheld from pension payments, vouchers or material remuneration from the employer.

Also, pensioners are completely exempt from tax on movable and immovable property.

Medical Benefits

Working people of retirement age are also entitled to:

• complete medical examination once every 3 years;
• annual free vaccination against influenza strains.

If a pensioner has the status of a labor veteran, there are even more benefits:

1. 50% discount on medicines prescribed by a doctor during outpatient treatment;
2. free dental treatment in municipal hospitals;
3. making or repairing dentures free of charge.

Indexation of pension cash payments

Pensioners-workers are entitled to an annual recalculation of the pension, as there is a constant increase in pension points.

If such an employee has official employment, the employer constantly makes social contributions to the state, including to the bodies of the pension fund. In this case, unaccounted points are accumulated.

Annually in August there is a recalculation of pension payments. If there are points that have accumulated this year, they are added to the amount on the pensioner's personal account. This happens every year until a person goes on a well-deserved rest.

Cons of working in retirement

While the pensioner works, he receives some benefits, while he loses others.

So, such citizens cannot apply for:

• social supplements if the monthly income is below the subsistence level in the pensioner's region;
• compensation or free travel to a place of rest or to a health resort.

So, on the one hand, a working pensioner enjoys many benefits, while receiving both a salary and a pension.

But on the other hand, he is dependent on the actions of the employer, besides, he is deprived of some useful benefits that only pensioners on a well-deserved rest can use. What is better and more profitable - everyone decides individually.

Video: New benefits for labor veterans from February 1, 2019: Surcharge Increase in pension New Law.

At present, the number of citizens working in the period of well-deserved rest has increased in Russia. This is due to the fact that the size of the pension does not always meet the needs. Many older people work for as long as possible.

Existing categories of workers

Working pensioners are citizens who have reached the age of 55-60 and continue to work. They receive a monthly old-age allowance and a salary.

According to Russian legislation, there are three categories of pensioners:

• old age- citizens who have reached the age of 55-60 and have an insurance record of at least 5 years;
• military- persons who have served in the ranks of the armed forces, internal affairs bodies or were employees of fire protection;
• disabled people- people recognized by a medical report as incapacitated.

Benefits for working pensioners:

• protection by labor legislation against unlawful actions of the employer;
• it is impossible to refuse employment due to age;
• in case of downsizing, there are more chances to keep the job due to good labor productivity and qualifications;
• upon dismissal of one's own free will, there is no need to work 14 days;
• the opportunity to arrange a vacation without pay for 2 weeks.

Under the Veterans Act, working retirees have the right to take a break from work at any time, especially if it is:

• participants of the Great Patriotic War;
• combat veterans.

According to the legislation of the Russian Federation, working pensioners have the following rights:

• When you reach the age of 55-60, you do not need to immediately quit your job. Removal from office is possible only on the basis of the Labor Code.
• There are no restrictions related to payouts.
• An employee may terminate an employment contract due to retirement.
• Opportunity to work part-time.
• Payment of sick leaves on general terms.
• Set part time or week.
• Additional benefits established by the collective agreement (change in the form of labor organization or workplace, etc.).

Previously, the legislation of the Russian Federation did not establish any restrictions on the provision of benefits for working pensioners.

This led to inefficient use of budgetary funds, in connection with which new rules for scoring were introduced:

• in the absence of an increase in the funded part of the pension, the maximum number of points will be 3 units;
• when forming a funded pension, the accrued points do not exceed 1.875.

Normative base

All issues related to the work of pensioners are regulated by:

• Art. 64 of the Labor Code of the Russian Federation "Guarantees that an employee can count on when concluding an employment contract";
• Art. 179 of the Labor Code of the Russian Federation "Preferential right to stay at work in case of staff reduction";
• Art. 80 of the Labor Code of the Russian Federation “Termination of an employment contract at the initiative of an employee”;
• Art. 128 of the Labor Code of the Russian Federation "Rest without pay";
• Article 16 of the Federal Law “On Veterans”.

The text of these documents can be found here:

How is vacation postponed? Read our article.

You can find out more about the reduction and the next vacation here.

Vacation types

There are two types of vacation for working pensioners:

• Basic. It is provided, like other employees, once a year with the payment of cash. Duration - 28 days. Annual additional paid can be issued by citizens working in the northern regions.
• No payroll. Such leave for a labor veteran is issued at any time from the moment of application. The duration is determined by agreement between the parties and is for participants in the Great Patriotic War - 35 days; for working pensioners, old age - 14 days; for the disabled - up to 60 days.

In addition, if necessary, grandparents can go on parental leave instead of mom.

At the request of the parents, it can be used in full or in parts.

Features of granting leave to working pensioners

Citizens planning to take a break from work must draw up and submit an application.

The document must contain the following information:

• the name of the organization in which the pensioner works;
• Full name of the general director or head of the company;
• a request for leave;
• dates of planned absence;
• Applicant's signature and date of issue.

Sample Application

Calculation features

Vacation for working pensioners in 2016 will be calculated according to the following algorithm:

• The billing period is determined - the last year of work in the organization or the actual hours worked.
• All necessary accruals are summed up: wages, bonuses and other payments provided for by the employment contract.
• The size of the average daily salary is found on the basis of the actual hours worked and wages for the billing period.

The formula used to calculate the average salary is:

ZPaver.days = (ZPini) / 12 ∶29.3 days,

ZPini. - the amount of salary accrued for the billing period.

Definition of benefits provided:

Vacation pay = ZPavg.dn. x number of vacation days

Pensioner I.V. Nikolaeva has been working at the Home Comfort garment factory for 13 years. The woman is going to go on annual leave from 08/03/15 to 08/09/15. Determine the amount of paid vacation pay.

Since I.V. Nikolaeva has been working in the company for 13 years, 12 months should be taken as the billing period.
We look through the information on the program "Personnel Accounting".

The salary for the billing period is 288 thousand rubles. taking into account bonuses and other payments stipulated by the employment contract.

The average daily wage is:

ZPaver.days \u003d (288,000.) / 12 ∶29.3 days \u003d 819.2 rubles.

819.2 rubles x 28 days = 22,935.2 rubles

An employee of the company "Colorit" G.V. Chichikov is a working pensioner who holds a senior position in the financial department. On 08/03/15 he is going to go on additional paid leave for family reasons. What allowance should an accountant charge?

The initial data are presented in the table.

Length of service at Colorit, years

Salary accrued for the billing period, rub.

Based on the data presented above, we calculate the average salary per day:

ZPaver.days \u003d (452,000.) / 12 ∶29.3 days \u003d 1285.6 rubles.

The amount of payments for I.V. Nikolaeva:

Vacation pay = 1285.6 rubles x 28 days = 35,996.8 rubles.

Learn more about how vacation is calculated. you can find out from our article.

How is a vacation order issued? Sample 2016 can be found here.

How is a vacation with subsequent dismissal of one's own free will issued? See here.

In 2016, the state provides a large number of benefits to working pensioners.

Among them is exemption from paying personal income tax.

This guarantee is provided:

• veterans of the Great Patriotic War;
• disabled people;
• for years of service.

Upon reaching retirement age, you can count on benefits upon dismissal of your own free will.

Ordinary employees warn the employer at least 14 days before the start of the vacation, and a working pensioner has the right to go on a well-deserved rest from the date indicated in the application.

Working pensioners are granted annual paid leave in the general manner, and additional - with privileges.

In the event of a conflict with the employer, you need to protect your rights by contacting a qualified lawyer.

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Financial assistance for vacation →

Additional leave for pensioners

The Labor Code of the Russian Federation enshrines the legal right of every working citizen to annual leave. Article 115 of the Labor Code of the Russian Federation states that an employee is provided with annual leave for 28 calendar days with pay. Some categories of working citizens are entitled to a basic vacation with a longer duration than usual, for reasons established. In addition to the main vacation, an employee can receive additional types of vacation (Article 114, Article 116 of the Labor Code of the Russian Federation), if there are appropriate grounds for this. Additional leave may be with or without saving the employee's earnings.

Are pensioners entitled to additional leave?

One of the grounds for granting additional leave to an employee is the pension status of a person. If an employee is already retired due to age, disability or military experience, then under the labor legislation of the Russian Federation such a retired employee is entitled to a benefit in the form of unpaid leave for pensioners within 14 calendar days. He can count on these additional days in addition to the main vacation.

Additional leave for working old-age pensioners may also be granted on other grounds:

• disability group - 60 calendar days of additional annual leave;
• if a pensioner works within the Far North - 24 calendar days additional. holidays;
• a pensioner works in a territory equivalent to the conditions of the Far North - 16 days additional. holidays;
• a pensioner works in a workplace with harmful working conditions - at least 7 days additional. holidays;
• Chernobyl pensioners - 14 calendar days additional. holidays;
• the pensioner works on a shift (where there are night hours) work schedule - 3 days extra. holidays annually.

Based on the legislative basis of the Russian Federation, and more precisely on the federal decree "On labor pensions of the Russian Federation", absolutely all residents who have reached 60 years old (for males) and 55 years old (for females) can receive and have a labor pension by age.

Who is considered a labor veteran?

A labor veteran is a person who has conscientiously worked for more than 15 years in one industry, who has about 20 years in the final calculation of the labor (insurance) experience for a female, and 25 years for a male. This category of people has many letters of thanks, they could also be marked with significant orders and symbols of distinction. The title of labor veteran first appeared after the adoption of the law on the territory of the modern Russian Federation "On Veterans" dated 01/12/1995 No. 5-ФЗ.

Based on the above law No. 5-FZ, only some categories of citizens can be attributed to labor veterans, namely:

• Individuals who started their professional activities before reaching the full age of majority at the time of the start of the Great Patriotic War. However, the total length of service must be at least 40 for men and 35 for women.
• Individuals who were awarded medals, orders and titles of the Russian Federation, the USSR.

Extra leave law

Unpaid leave for labor veterans by the employer is an additional incentive, a benefit that is assigned to the employee at the regional legislative level. Use it or not, the employee decides.

Timing

Each employee who retired by age, but still working, in 2018 has the opportunity to apply for 14 days of free leave. The resulting period can be issued in one term or divided into several parts. This point is considered and discussed by the two sides of the working relationship.

A working veteran of labor has the opportunity to issue an additional vacation for 30 days, which is normatively indicated by Article 128 of the Labor Code of the Russian Federation. To issue it or refuse, it is up to the employee himself. He can also reduce the number of days based on his immediate need. Additional leave is issued in the same way as for pensioners who continue to work, with the exception of the period.

• One of the parents, if the child is disabled, or one of their couple is in long-term treatment at the clinic, provided that there are two children and both are under 15 years old - up to 14 calendar days per year.
• Veterans of war and labor - about 30 calendar days.
• Citizens who have invaluable services to the Fatherland - up to 14 unpaid days.
• Persons distinguished by significant merit - up to 21 calendar days.
• Pensioners who retired by age, as well as disabled people of group III - up to 30 free days.
• Citizens with II or IV disability group - up to two months (60 calendar days).

In all other cases, free days are provided in accordance with the general provisions.

Additional Information

If there are several categories that make it possible to issue days without pay, then the beneficiary must independently determine the article for which he will be granted additional leave. The number of days will be determined by the existing legal framework.

Step-by-step design instructions

Based on article 128 of the Labor Code of the Russian Federation, it is quite obvious that the employer is not obliged to provide the employee with additional free days and can easily refuse him. Provided that the employee does not fall under the categories of citizens to whom this right is guaranteed by the state.

In 2018, in order to formalize additional leave, a labor veteran must write an application from which the employer will receive the following information:

• FULL NAME. and the position held by the employee;
• the reason for which there was a need to receive free days;
• the period during which the employee will need to be absent.

Having received a statement according to the model, the head puts a resolution, according to which the decision is either positive or negative. Based on the consent of the director, the company creates an order for additional leave of the employee.

Note

If a labor veteran is in a category that is legally entitled to vacation days, then you can not wait for the creation of a regulatory document (order) and go on vacation. If the decision depends on the desire of the employer, then the correct action would still be to wait for the internal document, otherwise not being present at an individual workplace can be defined and designated as absenteeism.

An example of calculating additional leave for labor veterans

For example, an employee worked from the beginning of September 2017 to the end of July 2018. The total number of working days for this period is 226. Of this number, 184 days were spent working in hazardous conditions.

1. Let's calculate how many days worked out by a labor veteran in each month out of eleven:
   226 days divided by 11 months = 20.55 days per month.
2. Determine the total period of work in risky conditions:
   184 days divided by 20.55 days = 8.95 months. In this case, the fractional number is rounded up, with
   provided that the remainder after the decimal point means that more than half of the working month has been worked.
3. Let's calculate how many free days the employee is entitled to for 9 months of insurance experience, provided that the employee is given 24 days a year:
   24 days divided by 12 months = 2 days.

So, for each month worked in harmful conditions, 2 days of additional leave are required. So for 9 months - 18 days.

If in the final calculations a fractional number is obtained (for example, 15.7 days), then according to the letter of the Ministry of Health and Social Development of Russia dated December 07, 2005, it is rounded up, that is, the duration of the additional vacation will be 16 days.

Additional leave for labor veterans in Moscow

Article 128 of the Labor Code of the Russian Federation determines that old-age pensioners who continue to carry out their labor activities are provided with additional unpaid days in the amount of 14 calendar days a year. Working pensioners - veterans have the opportunity to go on administrative rest once a year for 30 days.

A complete list of benefits and privileges for labor veterans in Moscow:

• City cash reward paid every month as a financial supplement to the amount of pension received.
• Free treatment and prosthetics at the dentist (in public clinics, provided that the prostheses do not consist of precious stones).
• Free travel in all city vehicles (other than taxis).
• Payment of 50% of the fare on water transport (when traveling by water).
• Service in medical institutions is free, and there is also a discount on medications.
• A discount is provided for the purchase of tickets for airplanes or for the railway mode of transport.
• Veterans of labor can have 50% incentives in the form of discounts on housing and communal services (under a number of conditions they can be exempted from this cost item altogether).
• Exemption from certain tax payments.
• Obtaining a ticket to a sanatorium or a health center (on a first-come, first-served basis).

Additional benefits are one of the best social supports for this segment of the population, confirming their importance, their invaluable contribution to the good of the Motherland.

Working pensioners, labor veterans are a category of the population whose rights are protected by law and the state. Compliance with the specified and prescribed laws regarding additional leave is mandatory for the administration of the enterprise.