Leave for harmful working conditions

According to Art. 116 of the Labor Code of the Russian Federation, the right to additional paid leave are:

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  workers employed in work with harmful and (or dangerous) working conditions;
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  Workers who have a special nature of work;
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  employees with irregular working hours;
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  Workers working in the Far North and in equated areas.

The next article of the Code describes in more detail which conditions of work are considered harmful and (or) dangerous. The right to additional leave for harmful working conditions is granted the following categories of workers:

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  workers engaged in underground mining and open pit mining in quarries and sections;
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  workers employed in jobs in radioactive contamination zones;
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  Workers engaged in work related to the adverse effects of chemical, physical, biological and other factors on human health.

Also under the federal law "On preventing the spread of tuberculosis in the Russian Federation" The right to leave for harmful working conditions ismedical, veterinary and other workers who are directly involved in the provision of anti-tuberculosis care, as well as employees of organizations engaged in the production and storage of livestock products, serving farm animals with tuberculosis.

The Labor Code does not regulate the minimum duration of such leave, and procedure for granting additional leave determines the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of labor relations.

Exist List of industries, shops, professions and positions with hazardous working conditions - it is for him to determine whether the employee hasthe right to additional paid leave, and the minimum duration of this leave (from 6 to 36 working days). In practice, you can set and a longer duration of leave in accordance with the collective agreement or act of the organization. If the position of an employee falls under several categories of the List, then leave is granted for one of the reasons - the duration of leave on both grounds is not summed up.

It is important to take into account that thewas made back in the Soviet era, the duration of leave is determined in working days, and the Labor Code of the Russian Federation provides that the duration of additional holidays is calculated in calendar days. Therefore, it happens that the actual duration of leave and, accordingly, the payment for it depend on the day of entering the holiday due to an incorrect recalculation of working days into calendar. To avoid controversial situations, it is recommended to establish in advance the duration of leave for harmful working conditions in calendar days in a collective agreement.

To get extra leave it matters work experience. It includes only the time that wasactually worked out in appropriate conditions. In this case, only those days in which the employee has been employed under appropriate conditions for not less than half of the working day are counted. If an employee is considered "permanently employed (employed)", then those days when he worked full-time can be counted in the record.

In practice, it happens that the employer refuses to grant leave for harmful working conditions, motivating it with the fact that to pay for the leave notenough money. But you must know that he has no right to do this! Additional paid leave is provided annually. You are not entitled to withdraw from it or to replace your leave with monetary compensation (except in the event that you quit).

If you work in harmful and (or) dangerous working conditions, additional paid leave is your inalienable right. But it is very important to know the nuances of granting such leave, so as not to be deprived - but not to claim too much, without any justification.