Who is granted leave?
Important! There are 4 main categories of citizens classified as “Chernobyl survivors”. But in addition to this, another category of citizens has been unofficially identified who took part in eliminating the consequences of the disaster.
Leave for Chernobyl victims is provided in accordance with Law No. 1244-1. This law regulates the procedure for granting, paying for leave and other issues. The following categories of citizens can count on this type of leave:
- Those who took part in eliminating the negative consequences of the accident, as well as those who worked in the exclusion zone during the following periods: from the date of the accident to 07/01/1986, more than 5 days in the period from 07/01/1986 to 12/31/1986, more than 2 weeks in 1987. In addition, citizens who permanently resided in the resettlement zone before the official decision and citizens who were evacuated in 1986.
- Citizens with radiation sickness and disabled people;
- Citizens who were engaged in sanitation, decontamination of equipment and construction for more than 2 weeks, as well as residents who were constantly in this area for more than 3 years;
- Citizens living and working in the radioecological control zone, provided they have been in the contamination zone for more than four years before 2013.
In addition, a fifth category is also unofficially identified, which includes citizens who eliminated the consequences of an accident in particularly harmful conditions for at least 3 months (
Duration of vacation
The period for which citizens are granted Chernobyl leave depends on the category and type of activity:
Category of citizens | Duration of vacation | Conditions for registration |
Citizens who have been exposed to radiation | Depending on the territory or damage to health, leave is granted for 7, 14, or 21 days | Living in a dangerous area Working in a dangerous area |
Those who served in the territory that was affected by the accident | Military personnel – 30 days; Sergeants – 14 days Plus, days are also provided for traveling to a vacation spot | Military personnel must apply for registration within up to 9 months. Sergeants must have completed military service for at least 1 year. |
For working citizens, in addition to the right to annual leave, they also have the right to additional leave once a year for 14 days, during which time the employee retains his salary. Additional leave is provided to victims of categories 1 and 2.
Chernobyl Vacation in the Tula Region
- Determining the amount of payment for the billing period. To do this, the salary must be multiplied by the number of full months worked by the employee.
- The average number of calendar days in the billing period is calculated (for this you need to multiply 29.4 by the number of months worked).
- The average daily earnings are found by dividing the salary by the number of calendar days.
- Determining the amount of vacation pay. To do this, the average daily salary is multiplied by 14 days of Chernobyl leave.
- It is on this principle that specialists from social protection authorities will carry out calculations at the expense of the state budget. The company he works for does not deal with accruals, payments, or writing transactions.
- additional rest can be obtained during part-time work;
- vacation pay is paid separately for each place of work;
- when changing employer, the employee cannot re-apply for leave in the current year;
- Legislation prohibits not providing additional leave to a Chernobyl employee.
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Package of documents for receiving benefits
Persons who lived or were sent to the Chernobyl zone, who took part in the liquidation of the accident and its consequences, have appropriate certificates confirming their preferential status.
To receive additional vacation and other benefits must be provided with a Chernobyl certificate
As a rule, when applying for a job, the following is transferred to the personnel service:
- copies of identity documents;
- work book (if available);
- copies of diplomas and certificates of the appropriate level of education and qualifications;
- a copy of the Chernobyl certificate, according to which the employer will be able to plan the provision of leave.
Since the vacation can be either paid or at your own expense, it is necessary to confirm the right to one or another benefit, for which it is sufficient:
- certificates of recognition of a disability group as a result of radiation and other diseases caused by an increased dose of radioactive radiation;
- a badge issued to the accident liquidators or a corresponding certificate;
- passports, if during the Chernobyl tragedy the person was registered at his place of residence in the disaster zone.
Sample application for Chernobyl leave
There are no special forms for filling out a written request for additional leave for beneficiaries. The document is drawn up arbitrarily; it can be written in legible handwriting or printed using modern office equipment, and must be certified by the signature of the applicant.
Typically, samples of this kind of appeal are available in the personnel service.
Sample application form
Write a statement, following the general rules of business correspondence:
- the upper right part of the document is its “header”, where the position of the first manager, surname, initials of the first name, patronymic and details of the applicant are indicated, specifying the full name, position held, preferential category;
- in the middle of the new line - the title (“Application” or “Application for additional leave”);
- move on to the text part - essentially expressing a request to receive the required days of additional leave, the period of desired rest, a link to the norms of the law;
- a separate list lists copies of attached documents confirming the right to receive paid or unpaid days of rest for a certain period;
- put the date and personal signature, next to deciphering the surname, initials of the name, patronymic.
Legal justification for receiving Chernobyl leave
Law of the Russian Federation No. 1244-1, issued on May 15, 1991, enshrines the main measures taken by the state to implement social protection of the rights and interests of citizens:
- living in the Chernobyl zone at the time of the disaster;
- victims during the accident and liquidation of consequences.
Here the law defines:
- sources of financing benefits and compensation provided to Chernobyl victims;
- criteria for preferential categories (depending on the degree of exposure to harmful factors, injuries received that caused disability, period of stay in a zone of increased radiation).
Labor relations between hired workers and employers are regulated by the Labor Code of the Russian Federation, where in Art. 116, the legislator provides for the provision of additional annual leave with payment of average earnings in situations specified in addition to the Labor Code by other federal laws.
The right for the employer to provide free additional rest to Chernobyl victims is given in accordance with Part 6 of Art. 128 Labor Code of the Russian Federation.
Additional leave for Chernobyl victims: who is eligible?
Existing legislation divides all victims of the Chernobyl disaster into 4 categories.
First category
It includes:
- patients with radiation sickness;
- liquidators who have become disabled;
- persons affected by the explosion.
Third category
Includes those who worked in the exclusion zone during the following periods:
- 01.07. until 12/31/1986 - from 1 to 5 calendar days;
- 1987 - from 1 to 14 calendar days;
- From 1988 to 1990 - at least 30 calendar days;
- persons who worked for at least 14 calendar days at sanitary treatment and decontamination points.
Second category
This includes liquidators who worked in the exclusion zone during the following periods:
- from 26.04 to 01.07.1986, regardless of the period of work;
- from 01.07 to 31.12.1986 - at least 5 calendar days;
- 1987 - at least 14 calendar days;
- persons living in the exclusion zone at the time of the accident.
We calculate the average salary for a vacation
If the employee’s earnings for the pay period consisted not only of salary, then do all payments accrued before the salary increase need to be indexed? No, not all. It is necessary to increase only those amounts that are set to the salary in a fixed amount as a percentage or a multiple. Those payments that are set to the salary in a range of values or in absolute amounts are not indexed. What if the employee was paid a bonus? First of all, you need to find out the date of its accrual. All bonuses, except annual ones, are taken into account when calculating average earnings only if they are accrued in the billing period. The annual bonus is taken into account regardless of the time of its accrual, but only if it is due to the employee for the calendar year preceding the vacation. Then you need to look at how the 12 calendar months were worked before the vacation. If the billing period has been fully worked out, then all bonuses are included in the calculation in full. If the employee was absent from work for part of the pay period, then bonuses should be taken into account in proportion to the time worked in the pay period. The exception is those bonuses that are accrued for the time falling within the billing period, taking into account actual work done in it. One-time bonuses not provided for by the remuneration system (for example, amounts issued for holidays, anniversaries, etc.) are not taken into account.
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Example: Employee Petrova M.I. goes on vacation for 14 calendar days from 04/05/2010. For each of the 12 months preceding the vacation, she received a salary of 30,000 rubles. The amount of vacation pay due to employee Petrova M.I. will be: 30,000 rubles. x 12 months : 12 months : 29.4 x 14 days = 14,285.71 rub.
Conditions for granting leave for different categories of Chernobyl victims
Since leave for Chernobyl victims in Russia is provided as a social guarantee, let’s figure out who falls into the category of persons entitled to it.
Annual leave for Chernobyl victims, number of days | Persons vulnerable to the consequences of a disaster to varying degrees | Link to article of law |
7 | citizens working in the exclusion zone | 16 |
who continued to work in the zone with the right to resettle from 02.12.1995 | 18 | |
living in an area where the social status of economic benefits is established | 19 | |
not actually living, but working since December 2, 1995 in the radioactive impact zone subject to resettlement | 21 | |
those who moved to the Chernobyl zone after June 30, 1986 | 22 p.2 | |
14 | people with identified radiation and other diseases that have a cause-and-effect relationship with the received dose of radioactive exposure to radiation | 14 clause 5 part 1 |
as a result of injuries and illnesses associated with the disaster or liquidation of consequences at the Chernobyl Nuclear Power Plant, who have partially lost their ability to work and are recognized as disabled, capable of continuing to work under certain conditions | 14 p.2 p.2 | |
accident liquidators from civilians and sent military personnel in the period 1986 - 1987; | 15 p. 3h. 1 | |
Department of Internal Affairs officers performing rescue and restoration work in the exclusion zone; | ||
civilians called up in 1988-1990 for military training aimed at carrying out rescue work; | ||
medical workers directly involved with ionizing radiation; | ||
residents who were in the Chernobyl zone at the time of the accident, including children in fetal development, evacuated in 1986; | 17 p. 6 part 1 | |
directly during the accident and immediately after it, working in the territory that has the right to resettle since April 26, 1986; | 18 p. 7 | |
21 | continuing to work in the zone subject to resettlement since April 26, 1986 | 20 p. 9 |
voluntary resettlers from June 30, 1986 to participate in the liquidation of the consequences of the accident; persons in the resettlement zone or having the right to resettlement | 22 hours 2 | |
30 (plus the required number of days for travel to the vacation spot and back) | performing duties in the Chernobyl exclusion zone as part of their military service | 23 |
Chernobyl vacation: who is entitled to it
- Employees who received a blow from radiation while eliminating the consequences of the accident at the Chernobyl nuclear power plant, as a result of which they suffered from radiation sickness and other (related) resulting diagnoses. These employees cannot be refused to be given additional rest for a period of 14 days at a time convenient for them. It is also assumed that the main leave will be used at any time of the year convenient for the employee.
- Employees who became disabled after this disaster. This group, in particular, includes people who voluntarily left a dangerous territory for evacuation by decision of the authorities. And also those who participated in eliminating the consequences of the emergency or worked at this station until its sad ending. Such workers also need to be given two weeks of additional Chernobyl vacation period, and regular vacation should be provided during a period of the year that is comfortable for them.
- Those who, in 1986-1987, actually eliminated the results of the disaster with their own hands, and also evacuated local residents, agricultural livestock and valuable property from the exclusion zone. In addition, this group also includes military personnel and police officers, who at that time were called to training camps in order to be involved in the liquidation of the accident. Citizens who were called up for military training to work at the “Shelter” facility (this is an insulating structure made of concrete and metal structures above the 4th power unit of this nuclear power plant). These persons also have the right to leave for the Chernobyl zone. And finally, this category of beneficiaries includes junior and mid-level medical specialists, doctors and other employees of medical institutions who, from April 26 to June 30, 1986, provided medical care to victims and received excess doses of radiation. All these people are entitled to additional leave of 14 days, as well as basic rest - at any time convenient for them.
- Persons who, from 1988 to 1990, participated in measures to eliminate the results of the Chernobyl emergency are also entitled to Chernobyl leave. Among them are military personnel and employees of internal affairs bodies. This category also includes workers who not only participated in eliminating the results of the accident during the specified period, but also were involved in the direct operation of the facility. In this case, such people are not entitled to additional leave, and the main rest should be allowed whenever such an employee wishes.
- Workers who were directly involved in work in the established exclusion zone. The employer is not at all obliged to provide basic leave to such categories of citizens at any time of the year, but only within the period determined by the approved leave schedule. As for additional Chernobyl leave, it is given in accordance with the procedure established for employees working in hazardous or hazardous places. More details about the procedure for providing this type of vacation can be found in Art. 117 Labor Code.
- Civilian employees who were evacuated from the disaster zone in 1986 or moved for permanent residence to other territories in 1986 and subsequent years. This group also includes children born a little earlier or at the time of resettlement (were in a state of intrauterine development). The employer must give this category of workers regular annual leave at any time, as well as additional Chernobyl leave of 14 days.
- Persons from among the “civilians” who permanently resided in the territory of the exclusion zone and had the right to resettle. Such employees must be provided with additional annual leave in the manner provided for employees employed in harmful or dangerous working conditions. However, the employer is not obliged to provide basic leave at any time convenient to them.
- Employees who were temporarily sent to a residential area with the right to resettle to perform certain work. Employees do not have the right to use the main leave during an arbitrary period of time, and additional leave is permitted in accordance with the rules established for persons employed in industries with hazardous or harmful factors.
- Employees from the civilian population permanently residing or working in a risk zone with a preferential socio-economic status. This group also includes people who permanently lived in an area with this status before January 1, 1991, and then until December 2, 1995, and who left this area, but returned to permanent housing. In this case, providing the main vacation period at a time of year suitable for the employee is not mandatory for the employer. And additional annual leave is allowed in the manner prescribed for employees. At the same time, excess rest “for harmfulness” is not taken into account separately. The specified additional Chernobyl leave has a duration of 7 days, provided that the employees were constantly in the zone before December 2, 1995.
- Civilians who lived and worked in the resettlement zone until they were moved to other territories. The employer is not obliged to give such employees basic leave at any time suitable for them. And annual additional Chernobyl leave is required according to the rules established for employees working in harmful or dangerous conditions. In this case, the duration of additional rest depends on the time of residence or work in the resettlement zone: 21 calendar days - from April 26, 1986 and 7 calendar days - from December 2, 1995.
- Civilian employees who worked in the immediate danger zone but did not live there. This category of employees does not have the right to transfer the annual main leave to a period suitable for them, while additional leave is allowed in accordance with the procedure established in Art. 117 of the Labor Code - as for workers employed in harmful or dangerous conditions.
- Employees who, in 1986 and other subsequent years, voluntarily moved from the emergency zone with the right to resettle to other regions. They must be provided with 14 calendar days of annual additional Chernobyl leave. In addition, they have the right to postpone the annual main leave for a period acceptable to them.
- Employees who, after June 30, 1986, moved to a dangerous resettlement zone for permanent residence. In this case, they do not have the right to transfer the main leave to their preferred period of time, and additional annual leave is allowed under the same circumstances as for workers in harmful or dangerous working conditions. In this case, the vacation period can be 21 or 7 calendar days, depending on the moment they live there - from 04/25/1986 or from 12/02/1995, respectively.
- Employees who, after June 30, 1986, permanently moved to a residential area with the right to resettle. For this category, transfer of leave to an acceptable period of the year is not provided, and additional Chernobyl leave in 2021 is determined by the time actually worked - based on the procedure for granting leave for workers employed in harmful or dangerous working conditions.
- Military personnel who generally serve in the established exclusion zone. In this case, provision of basic leave at the time desired by the employee is not provided. Additional leave is allowed in the amount of 30 calendar days, not taking into account the time required to travel to the place of rest and back. In addition, when granting additional leave, the period required to reserve living space at the previous place of service is not taken into account.
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At the legislative level, back in 1991, special law No. 1244-1 was adopted. It is dedicated to guarantees for persons affected by the Chernobyl situation. Formally, it divides citizens who are entitled to Chernobyl leave into groups depending on the conditions for its provision. Let us list them in general terms.
Features of providing leave to Chernobyl victims
Conventionally, all categories of citizens who were exposed to radioactive radiation are divided into 4 categories.
Persons included in categories 1 and 2 are required to pay additional leave based on average earnings. Such rest is provided at the request of the employee - when it is convenient for him.
The other two categories of Chernobyl victims must be provided with additional time for rest upon written application, but at their own expense.
The right to receive leave for Chernobyl victims in Russia does not depend on the total length of insurance coverage and continuous work with a given employer. Moreover, if during such paid additional rest the employee falls ill, the leave must be extended or postponed to another period.
Upon termination of employment at his own request, the employee may submit a written request to be granted Chernobyl leave with subsequent dismissal. This period will be counted towards the two-week period of compulsory service, after notifying the manager of the decision to stop working.
Compensation for unused days of paid Chernobyl additional rest, guaranteed by law to persons injured during the liquidation of the accident or its consequences, is paid upon dismissal along with the calculated ones on the last day of performance of work duties.
Since leave is given to restore health, as well as additional days of rest provided for harmful working conditions, cannot be replaced during the continuation of the employment relationship with equivalent monetary compensation.
Cash compensation for unused Chernobyl leave is possible only in case of dismissal
How to Calculate Average Daily Earnings for Additional Paid Leave for Chernobyl Survivors
If additional rest is provided to persons of categories 3 and 4 of Chernobyl victims (i.e., free), the order makes reference to the presence of minor children. And the application must be accompanied by copies of birth certificates, as well as a certificate from the place of residence confirming cohabitation.
- Name of the enterprise.
- Form number and date of issue.
- Full name of the vacation-beneficiary.
- Chernobyl personnel number.
- The name of the unit in which he is registered and his position.
- The start and end dates of the holiday.
- The total duration of the vacation period.
- The basis for its design.
12 Jun 2021 uristlaw 378
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Legislative information
The main regulatory regulation of benefits that can be received by certain categories of persons who were in one way or another affected by the Chernobyl accident is contained in the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” ( hereinafter referred to as Law No. 1244-1).
Guided by paragraph 5 of part one of Article 14 of the Law in question, listed in paragraphs 1 and 2 of part one of Article 13, persons from the category of Chernobyl victims, based on their social needs, are provided with regular paid leave at a suitable period of time for them, and are also provided with additional paid leave.
The rules for assigning such preferential leave are contained in Decree of the Government of the Russian Federation dated March 3, 2007 No. 136 (hereinafter referred to as the Rules), and the entire procedure for transferring funds for it is also described there.
IMPORTANT! Although the Labor Code of the Russian Federation does not contain any mention of preferential rest days for this category of persons, it is impossible to refuse an employee who applies for it.
This fact is explained by the fact that compliance with the provisions of Law No. 1244-1 in accordance with Article 11 of the Labor Code of the Russian Federation is also mandatory.
Tula Region Government Forum
Good afternoon. The rules for paying additional paid leave and providing one-time compensation for recovery, paid simultaneously with additional paid leave to citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, were approved by Decree of the Government of the Russian Federation of March 3, 2007 No. 136 https://base.garant.ru/190731/ . The procedure for paying recipients amounts for additional paid leave is established by order of the Ministry of Labor and Social Protection of the Tula Region dated May 24, 2020 No. 197-osn “On approval of the administrative regulations for the provision of state.
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If the extract is from one address in the “polluted zone” on the 25th, and the registration at a new address in the “polluted zone” is on the 26th, then the right to payments is retained. As a rule, such registration deadlines apply when submitting an application for registration at the place of residence with simultaneous deregistration at the previous place of residence, but we recommend clarifying the issue with the migration department of the Ministry of Internal Affairs of Russia for the Tula region.
How to arrange a well-deserved rest for the liquidators of the Chernobyl accident?
Although the payment for preferential leave itself is made from the state budget, the Chernobyl employee should begin the procedure for processing the required documents within its framework at his place of work.
First, you should draw up an application addressed to the head of the employing company. The application should state the request to receive additional annual leave, and attach copies of documents confirming the applicant’s right to the special benefit in question.
Taking into account the submitted application and copies of documents attached to it, an order is issued to appoint a “Chernobyl” leave. Employees of the HR and accounting departments are required to enter the necessary data into the accounting sheet, the applicant’s personal card, and also prepare a calculation certificate for subsequent submission to the authority authorized to resolve these issues in order to receive a monetary payment.
Directly for payment of preferential vacation pay, a Chernobyl survivor must contact the social security department at his place of residence. The applicant must have an identification document with him; to apply, he will also need a personal statement, a copy of the certificate confirming his special status, and a certificate of payment (clauses 2 and 3 of the Rules).
It is impossible to replace preferential leave, similar to ordinary leave, with compensation in cash. In 2014, the Ministry of Labor of the Russian Federation gave clarifications on this problem, in which it drew the attention of law enforcement officials to the fact that the law does not directly provide for the possibility of such compensation.
Step-by-step instructions and main stages
On the part of the enterprise, after an employee has applied for Chernobyl leave, the following actions occur:
- the accounting department draws up a certificate for the USZN authorities, indicating in it the period for calculating vacation pay and the amount to be paid;
- the HR department issues an order to grant the employee additional leave, indicating the start and end date;
- Appropriate notes are made on the employee’s time sheet and personal card.
The local department of the USZN, to which the Chernobyl survivor must apply, after receiving from him an application for payment of additional leave, along with a package of supporting documents, must do the following:
- create a personal file for a citizen indicating his personal information to simplify further work with him;
- transfer the details of the Chernobyl victim to the local treasury office so that he can be credited with the calculated amount from budget funds.
Thus, the peculiarity of leave for Chernobyl victims is that it is not paid for by the employer.
Therefore, this social protection measure cannot be replaced by monetary compensation even if the employee is dismissed.
Not providing additional days annually to each Chernobyl survivor is considered a gross violation of the law.
Documentation
The grounds for granting leave may be:
- special certificate for a disabled person suffering from radiation sickness;
- certificate of liquidator of the Chernobyl disaster consequences;
- Chest sign;
- passport with registration in high radiation zones to confirm special economic status.
It should be noted that identification of intentional actions of a citizen wishing to obtain Chernobyl status in the form of falsification of documents is punishable by law.
How to make an application?
An application for additional leave for Chernobyl victims is written to the head of the organization.
As a basis, it is important to mention not only the article of the Labor Code, but also the Law of the Russian Federation No. 1244-1.
The application form can be downloaded here:
Sample application for leave
Preparation of an order
The personnel department of the enterprise at the place of work of the beneficiary must prepare an appropriate order (this can be either a unified T-6 form or a form used at the enterprise).
It must indicate the type of leave as “Additional leave with payment from the federal budget.”
Marks on the report card
In the timesheet, the employee responsible for its maintenance must make an appropriate note that one of the employees is on vacation from such and such a date.
Additional Chernobyl leave is marked with the letter code “OD”.
Registration procedure
Additional registration procedure leave for Chernobyl victims does not differ much from the standard procedure. Before going on vacation, the employee is required to submit a corresponding application, as well as documents confirming his status.
Sample application for additional leave for Chernobyl victims
The papers are sent to the manager and then to the HR department for approval, after which an order is issued. The order must indicate that payment for the vacation will be made from budget funds.
Sample order for additional leave for Chernobyl victims
As for the working time sheet, it shows “additional paid leave” - OD or the number “10”.
How and who pays additional leave for Chernobyl victims
According to paragraph 2 of the Decree of the Government of the Russian Federation dated 03.03.2007 No. 136, the recipient of payment for extraordinary vacations and funds for health improvement must contact the territorial body of the Social Insurance Fund. He must have with him a corresponding application, a copy of the certificate confirming his right to payments, and a certificate of the average salary. The application must contain the recipient's postal address, as well as bank account details. A certificate of average wages is issued at the place of work after the issuance of a leave order.
The payment amount may vary depending on the region of residence.
How to Calculate Average Daily Earnings for Additional Paid Leave for Chernobyl Survivors
Documents must be certified by the seal of the organization and the signature of the chief accountant: news! Many people, the employee must be notified of the start time of the vacation against signature no later than 2 weeks before its start, you will be redirected to our file sharing service, the recipient submits it to the authority in the field of social protection of the population at the place of residence.
N 68-FZ In 2021, the remaining days, including days of vacation or illness, are not included in the length of service for additional leave “for harmfulness”. N 122-FZ amendments were made to Article 41 of this Law, from January 1, 2005 N 93-FZ Changes from the date of the said Federal Law of November 30, 2011 The employee applies to the employer with a written application for the issuance of a certificate of average earnings. Recommendation: How to grant an employee leave without pay Documentation Regardless of whether the leave is mandatory or not, the employee must write to grant it. Am I entitled to Chernobyl leave? As for personal income tax, paragraph.
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Responsibility for refusal to provide leave to Chernobyl victims
Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for liability for the employer’s refusal to provide the required extraordinary rest to a Chernobyl survivor. For such an offense there is a fine of 50,000 rubles for an organization and 5,000 rubles for an official. For a repeated violation, the fine will be 70,000 rubles for an organization and from 10,000 to 20,000 rubles for an official, up to disqualification for a period of 1 to 3 years.
According to the Labor Code, leave for parents with many children is provided for in two types:
- main (annual) - 28 days;
- additional - up to 14 days.
Additional is provided and paid when this is expressly stated in the collective agreement.
How to correctly apply for study leave according to the Labor Code of the Russian Federation Study leave is non-working days provided at the request of the employee with or without pay, necessary for passing entrance exams, passing intermediate and final certification in an educational institution.
The employer's responsibility for the lack of a vacation schedule is established in the Code of Administrative Offenses. The fine is considerable - up to 50,000 rubles, but in addition, State Inspectorate inspectors also punish for other violations related to the preparation of work and rest schedules for employees.
Time off is an additional day of rest, the provision of which is decided by the employer. If he considers the reason valid, the employee will receive a day off, but may refuse. However, there are 22 grounds upon which the employer is obliged to release the employee.
Unpaid leave is the legal name for additional unpaid rest time. Labor legislation provides citizens with not only everyone’s favorite annual paid leave, but also the opportunity to be absent from work without resigning, but also without receiving money from the employer during this time. At the same time, the employer’s ability to initiate such a vacation is greatly limited.
The appointment of leave is formalized by a special order of the employer. In the “header” it can be noted that it is published in order to implement the legislation of the Russian Federation in the field of social assistance to citizens.
The text of the order, among other mandatory details of this type of document, indicates:
- Full name, employee position;
- reference to the paragraph and article of the law regulating the procedure for granting leave of this type;
- type of vacation;
- appointment period and duration.
The employer must ensure that the employee to whom leave is assigned is familiarized with this order against signature.
Who pays compensation and how?
It is important for people who have a Chernobyl certificate in their hands to know how their vacation pay for additional days is paid.
Many people mistakenly assume that Chernobyl leave is paid in the same way as regular leave - from the employer’s funds. This is not true, because the payments are made by the local social security authority.
The accounting department of the organization where the Chernobyl survivor works is only required to issue a certificate of the employee’s salary in the context of each month with a general total.
An example of such a document is presented below:
How to calculate for a full year?
The calculation of vacation pay for additional Chernobyl leave, when the calculation period is a year, occurs in several stages.
To issue a certificate to social security, the organization’s accountant does the following:
- The citizen's monthly salary is multiplied by 12 to obtain the total annual income.
- 12 multiplies by 29.4 (the average number of days in a month) - the average number of days for the period is obtained.
- Earnings per day are determined by dividing total annual income by the average number of days per year.
- The duration of the Chernobyl vacation is multiplied by the daily wage, and vacation pay is obtained.
As already noted, the calculation and payment of this amount to the Chernobyl worker is carried out not at his place of work, but at the social security authorities.
Chernobyl maternity payments and double monthly benefits for children
On July 1, 2021, Federal Law No. 388-FZ dated December 29, 2015 came into force regarding the amount of “Chernobyl payments” for up to 3 years and the categories of persons to whom they are due. Please check with the Social Security authorities at your place of residence for any information you are interested in! The main changes to the “Chernobyl manual” can be found in the following review:
As in the general case, benefits for a child under 1.5 years old can be assigned if the recipient has not applied for unemployment benefits. The provision of monthly payments from 1.5 to 3 years is based on the legislation of the constituent entities of the Russian Federation and is carried out through the social protection authorities.
11 Mar 2021 lawurist7 2127
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