When is leave granted after hiring? Basic rules for getting your first vacation: after how many months is vacation due in the first year of work?

Article 122 of the Labor Code of the Russian Federation establishes the employee’s right to annual paid leave after six months of work in a new place. At the same time, it is the responsibility of his superiors to provide him with a well-deserved rest no later than after eleven months of work, in other words, for a full working year.

It is not easy for a person who is not legally savvy to understand these issues, because employees and their management are not immune from typical mistakes and misconceptions. Instructions for actions in controversial labor situations regarding the provision of leave in the legislation sound ambiguous. A worthy solution is to turn to its interpretation.

To be on vacation or not to be, that is the question

The employee’s right to leave does not imply the employer’s obligation to give him what he wants upon request after six months of work. The law only means that the six-month period gives the employee grounds to receive leave. This does not mean that it will be provided immediately after the above time. There are such concepts as vacation schedules, in accordance with which the labor process is structured, as well as production necessity, which does not always allow several workers to be allowed to rest at once.

By law, an employer must not prevent a subordinate from taking vacation time for a full working year. If we talk about earlier deadlines, they remain at his discretion and do not depend on the wishes of the employee. At the same time, when the parties managed to come to a mutually beneficial agreement, vacation can take place not only after six months of work, but even earlier. It is worth considering that, whenever vacation is received, the employee has the right to take it off in full, all 28 calendar days or another amount regulated by legal norms.

The Labor Code contains an exhaustive list of reasons obliging an employer to accommodate a subordinate, regardless of the period of cooperation. “For women - during pregnancy and childbirth or immediately after; employees under the age of eighteen; employees who adopted a child under three months of age; in other cases provided for by federal laws.”

What, as a rule, are bosses afraid of when they don’t want to give an employee a rest as quickly as possible? Everything often comes down to money issues, because if an employee does not complete the year, the company will suffer losses due to vacation pay paid in advance. Such a fear is unfounded, because in this case there will be extra payments

When, who and what kind of vacation is due?

According to the Labor Code of the Russian Federation, it is 28 calendar days. For minor workers annual paid vacation is 31 calendar days. It must be provided to you either according to a schedule drawn up by the human resources department, or by agreement with the employer. You must be notified that you are entitled to leave 2 weeks before it starts. Failure to provide annual paid leave is prohibited.

Right to vacation.

You can obtain the legal right to leave after working in the organization for at least six months. The length of service is counted from the first working day in accordance with the hiring order.

If you have been working for the first year, then the number of allotted vacation days is calculated in proportion to the time worked. So, for six months worked, you have the right to rest 14 days, for 9 months worked - 21 days. Conventionally, for each month worked, approximately 2.3 calendar days of vacation are due.

If you didn't use your vacation?

If last year you were not on vacation for the required 28 days, then in this case, you can take the remaining days off next year (according to the schedule or by agreement with the employer). You are not entitled to receive monetary compensation for unused vacation.

If you suddenly decide to quit, or you are laid off, and you have not used your allotted annual leave, then you must receive monetary compensation from your employer for it.

Additional vacation.

If you work in hazardous work or have irregular working hours, then you are entitled to additional paid leave. Its duration must be written down in the collective agreement or in the internal labor regulations of the enterprise, but cannot be less than 3 calendar days. Instead of additional leave, you have the right to receive monetary compensation.

Vacation at your own expense.

For personal reasons, you can go on leave without pay. The employer can provide it to you if it considers that these reasons are valid.
But in some situations, employers do not have the right to refuse leave at their own expense for up to 5 days:
- in case of birth of a child,
- marriage,
-death of a close relative.
Leave without pay is required by law to be granted to:
– participants of the Great Patriotic War – up to 35 calendar days per year;
– working old-age pensioners (by age) – up to 14 calendar days per year;
– parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service – up to 14 calendar days per year;
– for working disabled people – up to 60 calendar days per year.

Leave without pay at the initiative of the employer is illegal. If you are forced to go on such leave, go to court.

How to calculate vacation pay?

If the billing period has been fully worked out, then the calculation is made according to the formula:

O = Salary: 12 months. : 29.4 days x D, where

О – amount of vacation pay;

Salary – the amount of accruals to the employee for the billing period (12 months), taken into account when calculating vacation pay;

29.4 days – the average number of calendar days in a month (excluding holidays);

D – number of calendar days of vacation.

The Labor Code has a separate chapter. which is dedicated to vacations is chapter 19, which is called “ Vacations". In this article we speak from Vacation according to the Labor Code (Labor Code) .

Vacation- truly a holiday, especially in our country, because In Russia, vacations are one of the largest in the world and are guaranteed by law.

Article 114 of the Labor Code of the Russian Federation states that employees are granted annual leave while maintaining their place of work and position, as well as average earnings.

In our country, the duration of basic paid annual leave is 28 calendar days.

It may, of course, be more than 28 days, but more on that later.

There are also additional paid holidays: these are holidays for employees who work in difficult conditions (for more details, see Article 115 of the Labor Code of the Russian Federation).

I would especially like to highlight workers with irregular working hours. So, for such employees, vacation is determined by a collective agreement or internal regulations, but cannot be less than 3 calendar days.

The question is often asked: “ Is vacation counted in calendar days or working days? «

Vacations are counted in calendar days, and not in working days. BUT! Non-working holidays are not included.

That is, holidays such as March 8, May 1 or New Year's holidays increase the vacation time for holidays and only holidays! However, Saturdays and Sundays are considered vacation days. If a holiday falls on a weekend, it is still added to the vacation!

When can you take vacation after getting a job?

Annual paid leave is granted to the employee, oddly enough, annually. However, the first vacation can be taken after 6 months of continuous work. If the employer does not mind, then leave can be granted earlier. The key word here is can. but the employer is not obliged. But after half a year I am obliged to give a vacation.

If you have been working for more than 1 year, vacation can be granted at any time of the working year.

How many spears have been broken in matters related to who goes on vacation and when. But the issue is never resolved between the workers. With the employer, everything is simpler: he must notify the employee about the vacation (and against signature) no later than 2 weeks before the start. If you forgot to notify you about your vacation, you can reschedule it upon application.

It should be noted. that the vacation schedule is drawn up no later than two weeks before the new year.

Is it possible to reschedule a vacation?

Vacation may be postponed or extended:

- due to temporary disability;

— fulfillment of government duties, if they are compensated;

- in other cases provided for by local regulations or law.

Is it possible to postpone my vacation to next year?

It is possible, but in exceptional cases and only with the consent of the employee. But such leave can only be used next year. That is, in a year you won’t be able to take a deferred vacation.

It is impossible not to provide vacation for two years in a row!

What to do if the employer does not pay for vacation

Write a statement and reschedule your vacation after agreeing with your employer.

Can the vacation be divided into parts?

Vacation may be divided into parts, but one part must be at least 14 calendar days.

They can, but only with the consent of the employee. The unused portion must be provided at a time convenient to the employee (not the employer) this year or next.

Part of the annual leave exceeding 28 days can be replaced by compensation.

In fact, it is possible to replace vacation with money, but only if the employer agrees and enough vacations have been accumulated so that there is something to compensate.

For example, you are completing your 2nd year, but have already been on vacation for 42 days (14+14+14), no one will compensate you for the remaining 14 days until next year.

Does vacation expire upon dismissal?

Unused vacations may be granted with subsequent dismissal.

We will talk about compensation for vacation upon dismissal in a separate article devoted to unused vacation upon dismissal.

The employer is obliged to provide leave for any of the specified circumstances (be it registration of marriage, death of a loved one, or vice versa, the birth of a child), however, leave is provided without pay. The duration of such leave is up to 5 calendar days.

Is maternity leave and parental leave available?
Maternity leave is also called maternity leave. which is only due to women at the birth of a child. Parental leave is another type of leave; it can also be taken by fathers or other relatives of the child who look after him; the duration of parental leave is significantly longer than maternity leave.

Leave without pay may be granted for family or any other valid reasons.

First vacation under the law - nuances and solutions

A situation from the “HELP!” category.

You got a job at an enterprise, and naturally you were not included in the vacation schedule for the current year (it is drawn up in the last month of the year, in December, no later than two weeks before the start of the next calendar year). Come on, if you got a job a couple of months before the end of the calendar year... What if immediately after drawing up the schedule? Why not go on vacation now?

Read also: Employment contract with a vehicle mechanic

And here we begin to understand that only the law can protect or help us in this situation.

It is clear that we are entitled to 28 calendar days for a full year worked. But the vacation schedule is tied to the calendar year, and not to the beginning of our work in the company, although our vacation days are counted from the moment we start work...

How confusing everything is...

How to be in this case? When is the first vacation due by law?

Let's figure it out together.

We should rely on the Labor Code of the Russian Federation. We are specifically interested in Article 122.

I won’t surprise anyone if I say that the first vacation according to the law is due no earlier than six months after the start of work.

But let’s immediately clarify that we are not dealing with a separate category of citizens, such as veterans, disabled people, persons under 18 years of age, etc. and so on. And a simple ordinary person who does not have any benefits, privileges or other nuances that impose special responsibilities on the employer.

We quote interesting points:

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties An employee can be granted paid leave before the expiration of six months.

And here about certain categories of citizens, as I warned:

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

— for women - before maternity leave or immediately after it;

— employees under the age of eighteen;

— employees who adopted a child (children) under the age of three months;

— in other cases provided for by federal laws.

But about the vacation schedule:

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

Let me draw your attention to the words “by agreement of the parties.” This wording ruins everything. It seems to allow you to take vacation earlier, but it does not oblige the employer to provide you with vacation immediately.

That is, it turns out that you have the right, but only who will give it to you...

About reality and existence.

The modern reality is that many (and that “many” - almost all) employers violate labor laws - you can’t punish everyone, so they take advantage.

Often, it is indeed easier for an employee to “agree” with the employer than to prove that he is right. We, of course, are not the USA, where they can be kicked out of work for cheating on... their wife, but there is still justice for presumptuous bosses and personnel officers.

If the employer does not agree to your vacation dates, despite all the persuasion and persuasion (they are not yet spelled out in the vacation schedule), we will have to wait exactly 11 months. After the expiration of this period, your right to vacation during the year worked is triggered. Here the employer MUST provide your full 28 calendar days.

Even if they tell you that it’s not 28, but 28-(28/12*1)=28-2.33≈ 25 days - don't refuse. While you are on vacation, your remaining 3 days will “roll up”, and upon dismissal you will be paid, or added to the next vacation, although they can be added indefinitely - from vacation to vacation...).

If your employer flatly refuses to let you go on vacation, you still have two options.

— One is legal, when you go to the labor inspectorate, and under the threat (and maybe with an actually paid) fine, you are released.

- The second is the path of tolerance; as always, endure it, wait it out, “well, how can this be, it needs to be done humanely,” or “there were mistakes on my part, probably the boss is right, I don’t need a vacation yet”...

The last statement - in our country can still be described by the phrase “mutual responsibility”, it is as always - whoever is stronger is right.

So either go and negotiate, or wait for your allotted blood leave.

But let me make a reservation right away: employers are not fools either and usually act as follows:

Since you are no longer included in the current year’s vacation schedule, you will be included in the next schedule so that a year does not pass from the moment of your employment, then the condition “Paid leave must be provided to the employee annually” is met, and your allotted leave simply goes over to the next year . It seems to flow from one year to another, leaving you with a certain number of days off work that you have worked in the incomplete first year of work. But in reality, you will only be paid upon your dismissal.

Salaries calculated arbitrarily by an accountant are not subject to insurance contributions.

If the chief accountant regularly transferred to himself a salary in an amount greater than that stipulated in the employment contract, the amounts of such excess are not included in the contribution base.

Electronic requirements for payment of taxes and contributions: new referral rules

Recently, tax authorities updated forms for requests for payment of debts to the budget, incl. on insurance premiums. Now it’s time to adjust the procedure for sending such requirements through the TKS.

It is not necessary to print payslips

Employers are not required to issue paper payslips to employees. The Ministry of Labor does not prohibit sending them to employees by email.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a receipt

In the case when an individual transferred payment for goods to the seller (company or individual entrepreneur) by bank transfer through a bank, the seller is obliged to send a cash receipt to the “physician” buyer, the Ministry of Finance believes.

The list and quantity of goods at the time of payment are unknown: how to issue a cash receipt

First vacation after getting a job

When is vacation due at a new job? As a general rule, an employee has the right to request leave after 6 months of work under the Labor Code (Article 122 of the Labor Code of the Russian Federation). We are talking about 6 months of continuous work with one employer. True, the employer may refuse to provide such leave to an employee, for example, due to production needs. But in any case, during the first working year, the employee will have to be allowed on vacation at least once. A work year is a year counted from the first day an employee works for a particular employer.

On the other hand, if there is someone to replace the future vacationer, then the first vacation can be granted to the employee before the expiration of the specified 6 months. This is decided by agreement with the employer.

In addition, there are categories of workers to whom the six-month rule does not apply at all. Before the expiration of 6 months, the first leave after being hired based on the employee’s application must be granted (Article 122 of the Labor Code of the Russian Federation):

employees under the age of 18;
for women - before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation, paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1);
employees who adopted a child under 3 months of age;
to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
one of the parents (guardian, trustee, foster parent) who is raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
to some other employees, not only on the basis of the Labor Code of the Russian Federation, but also other legal acts.

So the answer to the question of how long you need to work to go on vacation is not so clear-cut.

Vacation schedule: when are new employees entitled to vacation?

As you know, the order of granting vacations to employees is determined according to the vacation schedule. It must be drawn up no later than December 17 of the current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).

If at the end of the year you have an employee who has been working in the organization for less than 6 months, then when creating a schedule, you should plan vacation for him during his first working year. And if it turns out that he has the right to go on vacation before the end of six months of work (as in the case when a husband asks for leave during his wife’s pregnancy), then changes will need to be made to the schedule.

Duration of first vacation

If the first leave is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, an employee’s annual paid leave must be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months under the Labor Code and for a longer period, because providing vacations in advance is not prohibited. Therefore, this issue is resolved in practice, again by agreement between the employee and the employer.

It must be taken into account that an employee may resign before the end of the working year for which he or she has already taken leave. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional vacations, approved by the NKT of the USSR on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, employers are not always able to withhold debts from employees in full.

Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid?

How is vacation granted in the first year of work? It is clear that at the request of the employee and in agreement with the employer. How are vacation pay calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for the 12 calendar months preceding the month of the vacation.

And when calculating vacation pay in the first year of work, the calculation period is taken from the first day of work of a newly hired employee to the last day of the month preceding the month the vacation began (clause 4 of the Regulations on Average Earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922). And the average daily earnings are calculated using a formula taking into account the actual period worked.

When is vacation due at a new job?

When can you ask for a vacation?

According to the Labor Code - the Labor Code, which was in force until 2002, one could go on paid leave at a new workplace no earlier than after working for 11 months. Before this period, neither the leave itself nor any part of it was supposed to be provided. Article 122 of the Labor Code of the Russian Federation states that the employee has the right to leave during the first year of continuous work in a new place after 6 months.

Labor activity brings not only a monthly salary, but also annual paid leave. To receive it, you need to work for the company for six months, but the employer does not have the right to refuse to provide vacation in advance to some employees. Read more about this in our article.

After how long does an employee have the right to receive vacation?

In Part 2 of Art. 122 of the Labor Code of the Russian Federation states that absolutely every employee has the right to receive after 6 months of work.

To avoid misunderstandings between subordinates and management and to receive vacation on time, it is recommended to discuss this issue when applying for a job. Or this conversation should take place 2 weeks before the desired start date of the vacation.

How long can you take a vacation?

Based on the text of Art. 115 of the Labor Code, vacation after 6 months of work is 28 calendar days. This is the duration of standard annual paid leave.

Certain categories of employees have the right to take extended leave six months after employment. These are minor employees, disabled people, people working with chemical weapons, teaching and scientific workers. For them, the duration of vacation is 30 days or more.

Is it possible to go on vacation earlier?

In Art. 122 talks about the possibility of taking out the first annual leave before the subordinate has worked the required six months. In this case, the employer's consent is required.

There are situations when an employee receives leave in advance, but then quits soon after. In such cases, organizations have the right to withhold from the employee’s salary the amount that he did not work for vacation received ahead of schedule.

Does an employer have the right to refuse to provide leave in advance?

The chances of an employee who has not worked 6 months at the company to receive vacation in advance are 50/50. Management is not obligated to agree to let the employee take rest ahead of schedule, although they have the right to do so. The decision is at the discretion of the employer. Read more about whether an employer has the right to refuse leave.

Employer risks when providing leave in advance

Providing an employee with leave in advance entails certain risks for the organization, so not all employers agree to this. If an employee decides to quit while on vacation, the company will withhold from the salary the amount paid for the vacation on the basis of Art. 137 Labor Code of the Russian Federation. If there is nothing to withhold from or the employee refuses to pay “unearned vacation pay,” the employer will only have to file a lawsuit.

List of persons who are entitled to leave in advance in any situation

Earlier than after six months of work, the following categories of employees are entitled to receive leave upon request:

Vacation and dismissal

minors;
pregnant women;
employees who adopted children under 3 months;
parents of disabled children under 18 years of age;
parents of two children under 14 years of age;
men whose wives are on maternity leave;
women whose husbands are doing military service;
WWII veterans;
people who survived the accident at the Chernobyl nuclear power plant;
employees working part-time (they have the right to receive leave in advance for the same time as at their main place of work).

There is a separate indication in the law regarding pregnant women. The management is obliged to provide such employees with regular paid leave for a period of 28 calendar days before going on maternity leave or immediately after it, regardless of their length of service in the organization.

The provision of leave is regulated by the Labor Code.

Sometimes the parties interpret the rules differently, which gives rise to contradictions. And sometimes an employee does not have all the information regarding his rights under the law, and the employer takes advantage of this by violating them. This again leads to conflicts in the future.

When starting a job, people worry about future vacations. However, later, especially when summer approaches, questions may arise as to when they are entitled to their first vacation after getting a job. After all, unlike subsequent ones, who are usually hired in accordance with a pre-approved schedule for all employees, the first one usually does not fall into this schedule.

As stated in the law, six months - it is after this period in the first year of work that the employee receives the right to. But in full, that is, 28 days (or more, depending on the specifics of the work, this is the minimum established by law), it is given only at the request of the employer. So, if an employee goes on vacation six months after he got a job, sometimes he is given only half, that is, 14 days.

In any case, labor leave for the first working year must ultimately be received in full. The employer is obliged to control this; it is he who is obliged to send the employee on vacation after a one-year period. In some cases, vacation may be transferred to the next year, but this must be justified, and in any case, the employee will be required to receive his rest days in full. If an employee does not use vacation within the allotted period, and there are no compelling reasons for it to be postponed, then during the inspection this will be noted as a violation, and the employer will bear responsibility.

Let us emphasize: for each month of work, vacation days are accrued (usually 2.33 days), and if 5 months have been worked, then, by agreement with the employer, the employee will be able to go on vacation for 5 x 2.33 = 11 days. But starting from six months of work, again by agreement with his superiors, he can take vacation in advance - that is, not only the days earned up to that time, but at least the whole thing. If he is then fired without working for the full year, the overpaid vacation pay will have to be returned. However, employers often show reluctance to give leave in advance to newly hired employees: this is due to the fact that although overpaid funds can be recovered upon dismissal, this is fraught with red tape, and it is not always possible to return the entire amount.

Who gets vacation first?

pensioners with the title;
pregnant women;
people with adopted children under three months of age.

If the company's management refused to grant leave to an employee belonging to one of the listed categories, he has the right to go on leave without permission, but at the same time he must have documents confirming that he had previously sought consent from the employer to grant it. If they prove that the latter violated the law, he will be held accountable.

Duration of vacation

The Labor Code imposes the following restriction: full leave can be taken only after the employee has worked for six months. Moreover, in total for the year he must rest for 28 or more days, including 14 or more days in a row. Some are entitled to increased vacation time. These include:

working in;
employees of the educational system - from preschool to higher education;
minors;
employees with irregular working hours.

All days above the minimum 28 required by law can be replaced, but only with the consent of the employee. He himself can ask for this, and the employer will have the right to both agree to such a replacement and refuse the request.

Vacation can be divided into parts both if it is granted after six months of work, and in others: by agreement of the parties, it can be divided into as many parts as desired, it is important that one of them is at least 14 days in a row.

Other nuances regarding the duration of vacation:

If an employee gets sick while on vacation, then the sick leave increases due to sick days, so you should definitely visit a doctor.
Unlike regular weekends, holidays are also not included in the duration of the vacation, that is, all holidays included in it should be added to its duration.

Payment

It is carried out based on how many days are provided, regardless of the time worked. First it is necessary. In the usual case, a period of 12 months is used to calculate vacation pay, however, since the employee has not yet spent that much time at the enterprise in the case under consideration, all the time spent by him is taken.

Earnings during this time are summed up, and bonuses and other allowances are also taken into account, but the calculation does not include payments that are themselves based on the average salary - sick leave and business trips. The resulting amount is then divided by the months worked, and then by 29.3, that is, the legally established average monthly number of days. This shows the average daily wage.

After this, all that remains is to multiply it by the duration of the vacation in days. This way the total amount of vacation pay will be found. It must be paid three days before the start of the holiday, and if that day falls on a day off, then it should be paid earlier.

If the funds were not transferred on time, the employer may receive an administrative penalty, and the employee himself has the right to refuse to go on vacation on time and reschedule it for another time. In this case, the choice of date will remain his.

Let's give an example of how vacation pay is calculated after 6 months of work. Let’s assume that a citizen worked fully for five months and received 30,000 a month, but in May he took it for 12 days, and his earnings turned out to be 23,000 rubles. The employee’s total earnings amounted to 173,000 rubles, and the calculation would have been simple if not for his going on sick leave. Now it is necessary to carry out a separate calculation for May. First, from the total number of days in a month, we subtract those spent on sick leave: 31 – 12 = 19. But these days will not be included in the calculation in full - after all, for each month an average of 29.3 days is used, and you need to bring the days worked in May to it : 19 / 31 x 29.3 = 17.96, rounded to 18 - this is how many days the time worked in May will be counted, since this month lasts longer than the average.

Only now can you calculate your average daily earnings. To do this, the total amount earned is divided by the number of days worked:

173,000 / (5 x 29.3 + 18) = 1,051.67 rubles.

Now all that remains is to multiply this amount by the number of days provided to find vacation pay. So, if after six months the company agrees to give only 14 days, then they will be equal: 1,051.67 x 14 = 14,723.40 rubles. If the vacation lasts all 28 days, then they will be twice as high.

Decor

In general, the same as registering for a regular vacation. First, the employee submits an application - its form is attached to the article. It is not necessary if leave is granted as scheduled. Then, on the contrary, the employer gives two weeks notice about the imminent onset of vacation. In the case under consideration, it is usually necessary to fill out an application, and the time for which the rest is taken is agreed upon in advance with the authorities.

An important nuance: if the employee belongs to a category for which the employer is obliged to provide rest in advance, then this circumstance must be indicated, as well as the reason why it is necessary.

Based on the application, an order is issued in form T-6, on which the signatures of the parties are affixed.
In accordance with the order, vacation pay is calculated and paid no later than three days before the employee leaves for vacation.