Vacation for a foreign worker with a patent: how to arrange it

A foreigner with a patent works in Russia under an employment contract, so the same rules of the Labor Code apply to them as to Russian citizens: vacation is due, and the employer cannot cancel or reduce vacation pay because you have a patent. The patent does not affect the vacation itself, but rather the terms: it is valid only for the paid period and only while you are in Russia.

Therefore, vacation for a patent holder is primarily a calculation: whether the paid period is enough for all days of rest, and if you are going to your homeland — what will happen to the patent upon departure and how to arrange a new one after returning. Below are the procedures for arranging vacation, deadlines and amounts, rules for vacation abroad, and typical mistakes. If the patent has already expired, read what to do if the patent is expired .

In brief: what to do

Check the employment contract and vacation schedule with the employer — vacation is arranged according to the general rules of the Labor Code of the Russian Federation.
Calculate the period for which the patent is paid: the paid period must cover the vacation and the return to work after it.
Vacation in Russia — pay the advance payment for the patent in advance, before the end of the paid period: payment automatically extends the patent without a visit to the Ministry of Internal Affairs.
Vacation in your homeland — remember: upon leaving Russia, the validity of the patent ceases. It cannot be extended from abroad; a new patent is arranged after returning.
Receive vacation pay no later than three days before the start of the vacation — this is a requirement of the Labor Code of the Russian Federation.
After returning, register with migration control and arrange a new patent without going to work without it.
If they refuse to grant vacation or do not pay vacation pay — this is a violation that can be appealed.

What vacation you are entitled to

Labor legislation applies to foreign workers just as it does to Russians (Article 327.1 of the Labor Code of the Russian Federation). The Law on the Legal Status of Foreign Citizens (115-FZ) establishes additional requirements for work under a patent, but does not change the duration of vacation.

28 calendar days of paid vacation per year (Article 115 of the Labor Code of the Russian Federation).
First vacation — after 6 months of continuous work with the employer (Article 122 of the Labor Code of the Russian Federation); earlier by agreement of the parties.
Scheduled vacation, which is approved by the employer; it is mandatory for both parties (Article 123 of the Labor Code of the Russian Federation). Notification of the start of vacation is given in writing two weeks in advance.
Additional days — for example, for harmful working conditions.
Unpaid leave — only by agreement with the employer (Article 128 of the Labor Code of the Russian Federation); it cannot be demanded.
Recall from vacation — only with your consent (Article 125 of the Labor Code of the Russian Federation). Upon dismissal, compensation is paid for all unused days (Article 127 of the Labor Code of the Russian Federation).

What documents are required

There is no separate “vacation permission” for a foreigner: a patent is needed for work, not for rest. The documents are mainly arranged by the employer:

Document	Who arranges it	What is important to know
Employee application	You	Needed only for vacation outside the schedule, free form
Order for granting vacation	Employer	Employee acknowledges receipt of the order in writing
Vacation schedule	Employer	Approved in advance, mandatory for both parties
Calculation note and payment of vacation pay	Accounting	Payment no later than 3 days before vacation

If you do not yet have a contract or are not sure it is arranged correctly, check in advance how an employment contract with a foreigner should look.

Step-by-step procedure for arrangement

Clarify the vacation date in the vacation schedule. If the dates are not suitable — agree on a reschedule with the employer.
Write an application if the vacation is not scheduled.
Wait for the order and sign the acknowledgment. A vacation “by word” without an order may be considered absenteeism.
Check the payment of the patent for the entire period: the paid period must cover the vacation and the first working days after it. “Extension” of the patent is timely payment of the advance payment; there is no need to visit the Ministry of Internal Affairs; details can be found in the instructions on how to extend the patent .
Receive vacation pay — no later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). It is calculated from the average earnings for 12 months (Article 139 of the Labor Code of the Russian Federation).
Going to your homeland — plan your departure according to the rules of the next section.

Deadlines and amounts

28 calendar days — annual basic paid vacation (Article 115 of the Labor Code of the Russian Federation).
6 months — experience for the right to the first vacation (Article 122 of the Labor Code of the Russian Federation).
2 weeks — how many days in advance you are notified of the start of vacation (Article 123 of the Labor Code of the Russian Federation).
3 calendar days — how many days before the vacation vacation pay is paid (Article 136 of the Labor Code of the Russian Federation).
14 days per year — how many days of “unpaid leave” are included in the experience for annual vacation (Article 121 of the Labor Code of the Russian Federation); days beyond this shift the next vacation.
Advance payment for the patent — a fixed amount according to Article 227.1 of the Tax Code of the Russian Federation with regional coefficients; it depends on the region and the year, clarify at the time of payment.
State duty for a new patent — the amount changes periodically, clarify at the time of submitting documents.

Vacation in your homeland: patent and migration registration

The most important block for a patent holder. Three rules apply here.

Rule 1. Upon leaving Russia, the validity of the patent ceases (paragraph 5 of Article 13.3 of Federal Law 115). Even if the paid period has not ended, after crossing the border, the patent ceases to be valid.

Rule 2. It is impossible to extend the patent from abroad. Technically, it is possible to transfer payment from abroad, but the law considers the validity of the patent to have ceased from the date of departure — the paid period does not “wait” for you. Upon return, a new patent is arranged: application, medical examinations, exam, state duty, and advance payment. Documents must be submitted within the established time frame from the date of entry, do not delay.

Rule 3. Migration registration is arranged anew. Upon departure, the registration at the place of stay ceases. Upon return, the receiving party notifies the Ministry of Internal Affairs of your arrival: in most cases, you have 7 working days for this, for citizens of EAEU countries (Armenia, Kyrgyzstan, Kazakhstan) — up to 30 days. The exact deadline depends on citizenship, clarify it at the time of entry.

If you return and go to work without a new patent, this is work without a patent: the employee faces a fine under Article 18.15 of the Administrative Offenses Code of the Russian Federation from 2,000 to 5,000 rubles and possible deportation, while the employer faces a fine of 250,000 rubles for each foreigner. At the same time, the employment contract remains in effect during your vacation in your homeland, the job is preserved — you will be able to work as soon as you arrange a new patent and show it to your employer.

Common mistakes

Vacation longer than the paid period of the patent, and vacation in Russia. A person goes to work with an expired patent — even one working day without a valid patent is considered a violation. Solution: pay the advance in advance.
Payment not to the correct details or for another month. The patent is not extended, the money “hangs.” Check that the payment has been reflected, as in the material on patent payment .
“Unpaid leave” instead of paid vacation. The employer offers an application without salary retention to avoid paying vacation pay. You lose money and part of the experience for the next vacation.
Vacation pay is transferred after the vacation. This is a violation of Article 136 of the Labor Code of the Russian Federation. If salary is delayed, act according to the article on what to do if salary is not paid .
“Vacation is not due to a foreigner.” It is due: the Labor Code of the Russian Federation applies to foreign workers in full, refusal can be appealed to the labor inspectorate, prosecutor’s office, or court.
Departure “for a week” with the assumption that the patent “is valid anyway.” After crossing the border, the patent is invalid — upon return, a new one is needed.

Common misconceptions

“Vacation is only given after a year of work.” No: the first vacation is after 6 months, earlier by agreement.
“I will pay for the patent from abroad, and it will wait for me at the airport.” No: upon departure, the validity of the patent ceases regardless of payment.
“Since I am on vacation, the patent does not need to be extended.” In Russia, the paid period must cover the vacation; in your homeland, the patent still ceases to be valid.
“Pay on time — and the patent is indefinite.” No: considering extensions, the patent is valid for no more than 12 months from the date of issuance (paragraph 5 of Article 13.3 of Federal Law 115), after which only a new one is possible.

FAQ

Is vacation due to a foreign worker with a patent?

Yes. A foreigner with a patent works under an employment contract, and the Labor Code of the Russian Federation applies to them just as it does to Russian citizens (Article 327.1 of the Labor Code of the Russian Federation). The status of a foreigner does not cancel either vacation or vacation pay.

How many days of vacation can I take with a patent?

The main paid vacation is 28 calendar days per year (Article 115 of the Labor Code of the Russian Federation). The first vacation is after 6 months of work, earlier by agreement; additional days are added for harmful working conditions.

What will happen to the patent if I go on vacation to my homeland?

Upon leaving Russia, the validity of the patent ceases (paragraph 5 of Article 13.3 of Federal Law 115), even if the paid period has not ended. After returning, a new patent must be arranged, and you must re-register with migration control.

Can I extend the patent during vacation abroad?

No. Payment of the advance payment can technically be made from abroad, but the validity of the patent legally ceases on the day of departure from the Russian Federation. A new patent is arranged upon return within the established time frame from the date of entry.

When should vacation pay be paid?

No later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). Delay in vacation pay is the same violation as delay in salary.

The employer does not grant vacation. What to do?

If the date is in the vacation schedule, the employer is obliged to comply with it: the schedule is mandatory for both parties (Article 123 of the Labor Code of the Russian Federation). Remind them of the schedule in writing; if they refuse, contact the labor inspectorate or prosecutor’s office.

The patent expires during my vacation in Russia. What to do?

Pay the advance payment before the end of the paid period — the patent will automatically extend without an application to the Ministry of Internal Affairs. If the period has already ended, act according to the instructions for cases when the patent has expired.

How we can help

Describe your situation to a lawyer directly on this page: how the contract is arranged, for what period the patent is paid, and where you plan to vacation. We will advise you on how to agree on vacation with the employer, what to arrange before departure, and how to act after returning to preserve your job and the right to stay in Russia.