Granting leave to labor veterans. Providing additional leave to 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" designates the categories of persons who are considered labor veterans 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 saving wages. The list mentions, among other things, working old-age pensioners who continue labor activity. Such workers can apply at any time, and the employer does not have the right to refuse it.

But veterans of labor are a special category of pensioners, the legal status of which is regulated by a separate federal law. Yes, Art. 22 of the Veterans Act governs measures social protection labor veterans. Prior to the introduction of global changes in 2004, the norm contained a detailed statement of all federal benefits, including provisions for 30 days of annual unpaid leave and the ability to choose a convenient time for annual paid leave. On this moment only a sparse 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. Thus, in the Moscow Region labor veterans who continue their labor activity after retirement can not only choose convenient time for annual paid leave, but also have the right to 35 days of unpaid 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 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 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 busy at work with harmful or hazardous conditions, it is impossible to call it.

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.

In fact, the document is a reflection of the essence of the applicant. The official gets emotions about the applicant that printed his own motives by reading the application and its contents. In situations where the answer depends on the mental state, this happens to be archi-responsible. Compiling a worthwhile sample in a law firm costs significant costs. The reason - the absence of inaccuracies is a very qualified service.

All benefits in monetary terms are provided at the expense of the budget.

Regional authorities have the right to establish additional "bonuses" for this category of persons.

Benefits for labor veterans in Ukraine

Benefits for veterans of labor in Ukraine are determined by the Law of Ukraine No. 3721-XII "On the main ambush of social zealous veterans in the labor force and other hulks of the frail in Ukraine."

Who are considered labor veterans?

According to the Law, labor veterans are:

1) ordinary pensioners with at least 40 years of work experience for men and 35 years for women;

2) preferential pensioners according to the list No. 1 with general experience at least 30 years for men and 25 years for women;

3) preferential pensioners under list No. 2 with a total length of service of at least 35 years for men and 30 years for women;

4) preferential pensioners under paragraphs "c" - "h" of Article 13 of the Law of Ukraine No. 1788-12 (rural tractor drivers, milkmaids, pigs; drivers of urban passenger transport and others - in the presence of experience for men - 35 years and women - 30 years;

5) seniority pensioners under article 52 of the Law of Ukraine No. 1788-12 (aviators, railway workers, truck drivers in mines and mines, docker-machine operators, geologists, logging workers, artists, teachers, doctors, athletes and others) - if men have experience - 35 years and women - 30 years;

6) pensioners by age of certain categories of citizens:

- persons suffering from pituitary dwarfism (Lilliputians), and disproportionate dwarfs;

- visually impaired of the 1st group and disabled since childhood of the 1st group;

in the presence of experience for men - 30 years and women - 25 years;

7) pensioners awarded the medal "Veteran of Labour" under the legislation of the former USSR;

8) disabled people of the 1st and 2nd groups. who receive disability pensions and have at least 15 years of work experience.

Benefits for labor veterans

According to the Law, labor veterans are provided with quite a lot of various benefits. All of them can be roughly divided into the following categories:

Exemption from paying land tax

Exemption from payment of land tax is valid and it is useful for land owners, including summer residents. Ordinary old-age pensioners, not labor veterans, are already exempt from paying land tax. So, it's only nice for other types of labor veterans.

Free travel for labor veterans

Free travel is canceled from June 1, 2015

For labor veterans, unlike ordinary pensioners. except for trams, trolleybuses, commuter trains and motor ships, the right free pass also applies to:

— city buses and fixed-route taxis (does not apply to ordinary taxis);

- in rural areas automobile transport common use;

- buses of suburban routes within the region at the place of residence.

The privilege for travel in city buses and minibuses really works, at least here in Dnepropetrovsk, with some restrictions: no more than two beneficiaries of all types in minibuses of the Mercedes type, up to 4 in buses of the Bogdan type and up to 6 - in large buses. By the way, the Law does not say anything about limiting the number of veterans in one vehicle. This, apparently, is a decision of local authorities or the carriers themselves. However, it is quite reasonable.

In rural areas, the right to travel on local routes, presumably, is determined by the local Soviets.

It is very difficult for labor veterans to realize their benefits on long-distance routes. It is known that at the bus stations of the final points there are limited quantity bus routes, which can take a limited number of beneficiaries, including labor veterans.

In Law No. 3721-XII regarding free travel for labor veterans, there is a change adopted by the Verkhovna Rada (the last paragraph of Article 7). According to this change, benefits for free travel are provided to a labor veteran only if the average monthly total income of his family does not exceed the amount of income that entitles him to a tax social benefit in the manner determined by the Cabinet of Ministers. To the satisfaction of labor veterans, this amendment to the Law was recognized by the Constitutional Court of Ukraine as unconstitutional and therefore did not enter into force.

Medical benefits for labor veterans

1) The right to use polyclinics, to which the labor veteran was attached at his former place of work.

2) The right to priority (but not free) prosthetics (except for prosthetics made of precious metals).

3) Preemptive right to provide sanatorium-and-spa treatment.

4) The right to an annual medical examination and dispensary.

5) The right to priority care in medical institutions, pharmacies and priority hospitalization.

These benefits are either not of particular importance, or it is very difficult to implement their benefits.

Vacation benefits for veterans

1) Usage next vacation at a convenient time.

2) The right to additional leave without pay for up to two weeks.

Irrelevant benefits for labor veterans

The law spelled out various benefits that were relevant in Soviet times, but which currently either do not have much meaning or are very difficult to implement.

These benefits include:

- preemptive right to improvement living conditions, allocation of land plots for residential development, gardening and horticulture;

- priority repairs of residential buildings and apartments and provision of fuel;

- Priority obtaining a loan for housing construction with its preferential repayment;

- pre-emptive right to join horticultural and garage cooperatives;

- Preemptive right to establish a home telephone.

Thus

As we can see, the most important benefit for a veteran of labor, which he additionally receives, in comparison with ordinary pensioners, is:

- free travel on city buses and minibuses.

Where and how to get a labor veteran's certificate?

Benefits for Russian Labor Veterans

Section: Labor law |

The concept of “veteran of labor” appeared in Russian legislation almost 20 years ago. The procedure for conferring such a title is established by the regulatory acts of the Russian Federation. These persons include citizens who began their career before the end of the Second World War, as well as those who were awarded for special labor achievements (subject to the presence of 40 years of work experience for men and 35 years for women).

List of benefits for labor veterans

The Federal Law “On Veterans” displays information about what benefits labor veterans currently have. Privileges are given to all honored workers of Russia (both employees and pensioners). The legislation establishes the following federal benefits:

  • non-working retired veterans retain the status of a member of the labor collective, the right to free use of the services of the socio-cultural sphere and can participate in privatization, corporatization;
  • free medical care, treatment in municipal and state institutions;
  • free dentures and repair of existing dentures;
  • working veterans have the right to use leave at any time, and leave "at their own expense" is increased from two weeks to a month;
  • free travel to land transport(except for a private taxi) at the place of residence;
  • 50% discount in intercity ground transport;
  • 50% subsidy for housing and utilities. The calculation is carried out on the basis of the standards specified by the local authorities. In addition, the subsidy extends to the payment of television and radio.
  • All benefits in monetary terms are provided at the expense of the budget. Regional authorities have the right to establish additional "bonuses" for this category of persons.

    Benefits for Moscow Labor Veterans

    The Moscow authorities provided fringe benefits veterans registered in the capital. Given these privileges, “veteran workers” in Moscow can enjoy the following social protection measures:

  • discount in payment of utility bills (50%) and in payment of housing;
  • free dental services;
  • the right to free travel in the capital (except minibuses, taxis);
  • partial compensation of the fixed telephone subscription fee;
  • free use of suburban railway transport routes;
  • payment of monthly assistance to each veteran from the city treasury;
  • free vouchers to sanatoriums with reimbursement of travel expenses (only land transport);
  • compensation of half the cost of fuel (in the absence of central heating), removal of municipal solid waste.
  • Benefits from the city budget are provided to Muscovites, taking into account family members living with them.

    Benefits for labor veterans in Russia

    With the approaching retirement age, everyone begins to think about pensions and possible supplements to it. If there is a solid work experience and awards, then you can count on the title of "Veteran of Labor". From Soviet times to the present, employees of various fields of activity receive this title for conscientious work.

    A citizen has the opportunity to apply with documents for the title "Veteran of Labor" if he meets the following criteria:

    Awards, honorary titles, orders, medals. The award must be on behalf of the Government of the Soviet Union or federal authorities; Work experience. For men, the experience must be at least 25 years, for women - 20 years of work experience.

    So, let's consider what benefits the state offers to labor veterans in Russia:

    1. Rendering medical care. Opportunity to use health care facilities and receive free treatment. By and large, everyone has this right. For veterans of labor who have reached retirement age, they are given the opportunity to make and maintain dentures free of charge at the place of registration. This is a very appropriate benefit, since the cost of dentures exceeds the amount of the pension received. The right to receive a hearing aid free of charge is also granted;

    2. Vacation. If the labor veteran is still working, then in addition to the twenty-day vacation, an additional thirty calendar days are provided;

    3. Public transport. Beneficiaries enjoy the right to free travel in the Russian Federation for public transport. They also have benefits for travel on intercity and suburban routes. A 50% discount is provided for travel by water and rail transport;

    4. Rent. They have the opportunity to pay only 50% of the total amount of accrued payments from the total area of ​​​​the premises within the framework of social norms. This discount also applies to utility bills.

    To apply for and obtain a certificate with the provision of such benefits, you must contact the social protection of the population.

    Documents required for issuance of the certificate:

    Write an application to the department of social protection of the population; Document confirming seniority or work book and copies; Document for awards; Photo 3 X 4.

    This application is considered within 15 working days. In the event of a refusal, the social insurance authorities are obliged to explain the reason for the refusal.

    These benefits for labor veterans in Russia cannot be considered significant, but in view of the small pension, they can be a good help.

    At the same time, in accordance with internal regulations (VNA), at a particular enterprise, this list may include other categories of employees. The table provides a list of employees who have the legal right to this type of vacation, the maximum duration of which is also determined by the VHA: Category of employees Minimum vacation period, calendar days Having irregular working hours 3 Employed at work with harmful or dangerous working conditions 7 Working in the Far North and territories equated to it 24 and 16 the legislative framework for the calculation of pensions Issues governing the retirement of a well-deserved rest and the amount of pension provision are fully regulated Russian legislation.

    Vacation for a working pensioner labor veteran Moscow

    On the basis of such a document, a vacation is issued. This document looks like this: It must include:

    • legal provisions;
    • the number of vacation days;
    • employee and employer information.

    Registration will be carried out on a general basis. Granting additional leave to labor veterans Additional leave to labor veterans in Moscow Article 128 Labor Code Russian Federation it was determined that old-age pensioners, but 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 vacation once a year for 30 days. A complete list of benefits and privileges for labor veterans in the city of

    Features of granting leave to labor veterans in the Russian Federation in 2018

    • If the pensioner has confirmed the ownership of the residential real estate or land ownership he bought, then he is entitled to a property deduction. This preference is provided to pay interest on a loan that was taken to purchase real estate (3 million rubles).
      rubles) and the costs of processing a transaction for the sale and purchase (2 million rubles). To get this deduction, you can use the three tax periods that preceded the time the carry-over balance of this deduction was formed.
    • Provision of benefits for labor veterans in St. Petersburg and Leningrad region A prerequisite for the provision of benefits for payment for major repairs is that the veteran lives alone or non-working pensioner. In this case, when the veteran reaches the age of 70, the authorities will compensate him 50% of the amount of the contribution, from the age of 80 the compensation is full.

    Providing additional leave to labor veterans

    The article will address issues related to the grounds for issuing an additional vacation period, what documents are required for this, and what procedure should be followed when contacting a manager for a benefit prescribed by law. Table of contents

    • On what basis can a veteran apply for an additional vacation period?
    • The nuances of providing an additional vacation period
    • Vacation period
    • The procedure for issuing a vacation period
    • Conclusion

    On what basis can a veteran apply for an additional vacation period? The right to receive a number of benefits and privileges for veterans is enshrined in the Federal Law-5 "On Veterans" of 01/12/1995, as well as in a number of regulations issued in the region.

    How to apply for additional leave for working veterans of labor

    Home/Vacation/For labor veterans Based on the legislative basis of the Russian Federation, or rather on the federal labor pensions RF”, absolutely all residents who have reached the age of 60 (for males) and 55 years (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.

    Info

    This category of people has many letters of thanks, they could also be marked with significant orders and insignia. The title of labor veteran first appeared after the adoption of the law on the territory of the modern Russian Federation “On Veterans” dated 12.01.1995 No. 5-FZ.

    Additional leave for working labor veterans

    What benefits are provided by law to a labor veteran in 2018 Monetization process social benefits allowed labor veterans to independently decide how to receive assistance from the state: in money or in benefits. Therefore, measures such as free travel, spa vouchers and free medicines can be abandoned in favor of funds in rubles.

    In this case, an application must be made to pension fund at the place of permanent residence. Benefits for labor veterans in St. Petersburg in 2018: what changes If a pensioner does not comply official duties and retired to a well-deserved rest, he can expect to receive monthly payment social character.

    Benefits for choosing the time of vacation for working pensioners and labor veterans

    Important

    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.


    Attention

    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.

    Holidays for working federal labor veterans in 2017 latest news

    A CO veteran is also eligible for a 50% discount on fuel.

    • Discount for a ticket to the sanatorium - 50%.
    • One-time allowance. Its size depends on the region of residence.
    • Payment for the radio - 50% discount.
    • On railway tickets - 50% discount.
      And tickets for water transport are half the price. From social benefits you can refuse and receive monetary compensation instead.
    • We recommend reading: Grandfather has a stroke how to apply for disability What benefits are provided to labor veterans at the federal level
    1. If you have your own property, an elderly person is not required to pay property tax.
    2. Some incomes of these individuals are exempt from personal income tax: self-payment of vouchers for sanatorium treatment, pensions (including surcharges and allowances), as well as financial aid from a former employer up to 4 thousand rubles.

    Leave for working pensioners

    The basic laws are:

    • "On Compulsory Pension Insurance";
    • "On labor pensions";
    • "On State Pensions".

    In addition, in specific cases there are special regulations with limited scope. For example, separate decrees of the Government of the Russian Federation establish:

    • the coefficient of indexation of the basic part of the pension, the frequency of this operation;
    • order pension payments for persons who have left for permanent residence outside Russia;
    • lists of professions, jobs, specialties, giving the right to early retirement by old age.

    Is additional leave required for working pensioners in 2018 In accordance with the current legislation, a citizen who continues to work on work book after retirement, new opportunities arise.
    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.

    Moscow vacation for labor veterans and working pensioners

    • the reason for which there was a need for 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. For information 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. The employee is obliged to read and put a personal signature in the order, confirming that he is familiar with it.

    Used in the case of employees of any type Who belongs to this category of citizens First of all, in order to use such a benefit at the enterprise, the employee must receive the title of Labor Veteran. The procedure itself is simple, but not everyone can apply for this status.

    • It has required amount years of experience - usually 40 and 35 years are required, or 20 and 25;
    • began his career during the Great Patriotic War;
    • has awards, medals issued for labor activity both during the existence of the USSR and received already in the Russian Federation;
    • present departmental awards and insignia for work.

    Only on the basis of such requirements can a citizen apply for the title of Labor Veteran.

    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 to decide. 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 the couple is in long-term treatment in the clinic, provided that there are two children and both are under 15 years old - up to 14 calendar days a 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 have retired due to age, as well as the disabled 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.

    For your information

    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 during harmful 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 fractional numbers are rounded up
      provided that the remainder after the decimal point means that more than half of the working month has been worked.
    3. Calculate how many free days an employee is entitled to in 9 months 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 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 health center (in order of priority).

    Extra perks are one of the best social support this segment of the population, confirming their importance, the 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.

    In addition to the mandatory annual leave guaranteed by the Labor Code, employees of enterprises and organizations have the right to other types of rest. For example, the legislation guarantees additional leave for labor veterans at any time, and there are benefits for other categories of pensioners. Depending on the situation, this will be a paid vacation period or vacation at your own expense.

    Types of vacations under the Labor Code of the Russian Federation for working citizens

    By vacation, the legislation (Article 107 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ) understands the “type of rest time”, clearly distinguishing it from weekends and regular working days. Distinguish the following types holiday period:

    • annual paid;
    • annual additional paid (this includes study leave);
    • at own expense;
    • maternity leave (for pregnancy and childbirth);
    • for child care.

    Depending on the situation, an employee may be entitled to several types of leave (for example, participants in the cleanup of the consequences of the Chernobyl accident may receive an additional 14 days per year). In addition, the employee may not exercise his right to rest. If we are talking about the main vacation, then the unused time is subject to monetary compensation, additional vacation days are not reimbursed.

    Under the word "pensioners", the current legislation understands people who have received the right to special social security - a pension. It is paid in one of the following situations:

    • employee achievement age limit 55 years for women and 60 years for men in 2018 (for civil servants - 56 and 61 years);
    • having a disability;
    • the right to social security payments.

    Basic paid annual leave

    This is the most common type of rest time to which all employees are entitled, including those working part-time, remotely and part-time (Articles 287, 312, 93 of the Labor Code of the Russian Federation). To qualify for this leave, the following conditions must be met:

    • the employee has the right to a vacation period six months after starting work (if you need to go on vacation earlier, you must agree with the manager);
    • rest time must be determined in a special vacation schedule, which is drawn up at the end of the previous year (to go on vacation outside the schedule, you must contact the manager with a statement);
    • failure to provide this type of vacation for more than two years in a row is a violation of the law.

    According to Article 115 of the Labor Code of the Russian Federation, the standard duration of the main vacation is 28 days. According to federal law (No. 181-FZ of November 24, 1995), certain categories of citizens are entitled to an extended vacation period. The table shows the length of rest time for such workers:

    Length of extended vacation period, calendar days

    Disabled

    Civil or municipal employees

    Rescuers

    Depending on experience - 30 or 40

    Courts and prosecutors

    Underage employees

    Candidates and Doctors of Science

    Education workers

    Depending on the status of the institution - 42 or 56

    Working in the field of chemical weapons production

    Additional leave

    In addition to the main vacation period, labor legislation provides for additional vacations. Depending on the situation, they may be:

    • at your own expense;
    • paid.

    Unpaid vacation periods are provided by agreement with the employer, and if the administration of the organization considers the reasons insufficiently weighty, the vacation will be denied. But there are employees who are entitled to a vacation period at their own expense according to labor law and they can take advantage of this by writing an application. The table shows how long such rest periods can be:

    Additional paid leave is provided in accordance with Article 116 of the Labor Code of the Russian Federation, which contains a list of persons who are entitled to this period of rest. At the same time, in accordance with internal regulations (VNA), at a particular enterprise, this list may include other categories of employees. The table provides a list of employees who have the legal right to this type of rest, the maximum duration of which is also determined by the VNA:

    Regulatory and legislative framework for calculating pensions

    Issues regulating retirement for a well-deserved rest and the amount of pension provision are fully regulated by Russian legislation. The basic laws are:

    • "On Compulsory Pension Insurance";
    • "On labor pensions";
    • "On State Pensions".

    In addition, in specific cases, there are special regulations that have a limited scope. For example, separate decrees of the Government of the Russian Federation establish:

    • the coefficient of indexation of the basic part of the pension, the frequency of this operation;
    • the procedure for pension payments for persons who have left Russia for permanent residence;
    • lists of professions, jobs, specialties that give the right to an early old-age pension.

    Is additional leave allowed for working pensioners in 2018

    In accordance with the current legislation, a citizen who continues to work on a work book after retirement has new opportunities. The right to additional leave for working pensioners in 2018 is determined by Article 128 of the Labor Code of the Russian Federation. Those who have additional unpaid leave include:

    • citizens who have earned a retirement pension;
    • veterans of the Great Patriotic War;
    • invalids.

    In addition, the collective agreement may provide for other categories of retired employees who are provided with such a form of rest. At the same time, a retired employee has the following legally guaranteed opportunities:

    • take advantage of such a vacation at any convenient time (combining with the main one or choosing another period for this);
    • early withdrawal from the vacation period is possible only with the written consent of the employee.

    Grounds for granting

    In order to receive additional leave for working pensioners in 2018, it is necessary to fill out an application in free form with your own hands and submit it to the head for consideration. By law (Article 128 of the Labor Code of the Russian Federation), the head is obliged to provide vacation time to such an employee, but personnel officers recommend setting out in the application a good reason for providing rest days (for example, a disabled pensioner may refer to discount voucher for spa treatment, attaching documentary evidence in the form of a photocopy).

    The legislative wording of the right of a pensioner employee to additional rest requires the indication of a “good reason” as the basis for granting vacation days. Therefore, formally, the head may refuse to fulfill the request for additional rest (explaining this by production necessity, etc.), if the application does not provide grounds for granting such a break from work. In the absence of a good reason, the issue of rest days is resolved by mutual agreement, and the director may propose a transfer to another time.

    In what cases can you interrupt the vacation without the consent of the pensioner

    According to labor legislation, interruption of additional leave for working pensioners in 2018, if necessary, is possible only with the written consent of the employee. But there are also unconditional reasons to interrupt retirement leave- these include such force majeure circumstances as the elimination of consequences:

    • natural Disasters,
    • man-made disasters,
    • production downtime.

    Although it is legally possible, at the initiative of the administration, to interrupt additional leave for working pensioners, labor veterans and other categories of workers, if there are good reasons (for example, incomplete treatment on a voucher), the employee can continue to use the rest period due to him.

    For how long is it provided

    When applying for an additional vacation period for a pensioner, you need to know that the length of rest time is not a static value and depends on several factors. This may include:

    • type of vacation (paid or at your own expense);
    • employee category (old-age pensioner, disabled person, etc.).

    Unpaid leave for working pensioners

    An unpaid vacation period on preferential terms is provided to working employees of retirement age in accordance with Article 128 of the Labor Code of the Russian Federation. Depending on the category of employees, it will have a different duration:

    • participants of the Great Patriotic War - up to 35 days;
    • old-age pensioners - up to 14 days;
    • disabled pensioners - up to 60 days;
    • vacation for working pensioners and labor veterans - up to 35 days.

    This duration is the limit that an employee can expect, and it is often in his interest to take fewer days off. For example, in a situation where an employee wants to earn more money or accumulate a longer work experience (of the indicated periods, only two weeks are subject to accounting), it does not make sense for him to spend a lot of time on unpaid vacation.

    Additional paid leave for pensioners in 2018

    Legislation does not provide for pensioners special conditions registration of additional paid rest, therefore, such periods are provided for general conditions. The following persons are entitled to an additional vacation period:

    • workers of hazardous and hazardous industries - they are entitled to up to 7 days of rest;
    • workers in the regions of the Far North and equivalent territories - up to 24 and 16 days;
    • workers with irregular working hours - up to 3 days;
    • disabled people - up to 6 days;
    • exposed to radiation at the Chernobyl nuclear power plant - up to 14 days.

    The procedure for issuing additional leave for pensioners

    The head of the enterprise knows that additional leave for labor veterans and other categories of pensioners is provided at any time, so the procedure for obtaining rest days is not difficult. The employee must act as follows:


    How to write an application correctly

    Since the application is an official document, on the basis of which an order is prepared to provide the necessary vacation days, it is necessary to seriously approach its preparation. The personnel department of the enterprise should have samples required documents. When applying, the following requirements must be met:

    1. The application is made on clean slate A4 paper with a minimum of corrections.
    2. A 3 cm margin is left on the left side so that the document can be hemmed.
    3. At the top right, they write to whom the application is addressed (surname and initials of the head, his position). Here are the similar data of the applicant.
    4. Further, in the middle of the sheet, the heading "Statement" is written.
    5. The main part of the document should contain a request for necessary rest, indicating the date from which additional vacation days begin.
    6. Be sure to indicate the type of additional leave (paid or at your own expense), it is advisable to give reasons and document them (this will help to avoid possible restrictions by management).
    7. At the bottom, the date and signature with decoding are put.

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