When I go on vacation. Everything you wanted to know about vacations. Interview with a representative of Rostrud. Can the boss not let go of the rest? What to do in such cases

Every person has the right to a well-deserved rest during the year. But quite often an employee is faced with a situation when they do not sign a vacation. There can be a lot of reasons for this, respectively, and solutions too. What to do in such a situation will be described below.

At each enterprise, the management draws up a special vacation schedule, which necessarily takes into account all the wishes of employees, as well as the main production and organizational capabilities of the employer. A direct obligation to comply with such an established schedule is imposed on both the employer and the employees, this is a legal employment relationship.

If the rest is due according to the schedule, it can not be used only with the consent of the employee, and also under the certain condition that all rights to rest were used in the last year.

Important! If the manager does not let him go on vacation for two years in a row, this is a gross violation of labor legislation in general and in relation to an individual employee.

This condition is specified in Articles 123 and 124 of the Labor Code of the Russian Federation. In a situation where the employer refuses to provide you with legal rest, it is worth reminding him about these articles. Let us consider in more detail who is granted annual leave, how the rest time is postponed throughout the year, who is entitled to additional rest provided on special grounds.

All this you need to know in order to obtain a more effective result when deciding on the provision of legal rest.

Actions if they are not allowed to go on vacation on schedule

There are certain actions that must be taken if the employer does not leave on vacation on schedule:

• You can fight with the employer only during the period of rest, which was fixed in the drawn up schedule.
• The employee has the right to receive the first vacation immediately after the end of six months of work at the enterprise.
• The rest period must be inscribed in the general schedule and must be approved by order, with which each of the employees of the organization must be familiarized.

In the absence of such a schedule, statement and order, you will have to be patient and wait for agreement with your employer.

Important! Taking legal leave is an employee's right as well as an employer's obligation. The solution to this issue is governed by the law.

Compromise with the employer in case of a vacation problem

When such a problem arises, in about 40% of cases, the issue is resolved through a polite conversation with the director of the company or enterprise. You should never miss the opportunity to find a compromise, so that leaving does not disrupt the plans and affairs of the employer, employee and does not negatively affect the production process.

There are many cases where a certain loyalty of employees and their consent to a small time shift were an important argument in deciding whom to promote. Another option for such loyalty is the fact that an employee can commit himself to performing urgent work during his vacation. In this situation, both parties show loyalty.

The situation will be much worse if an agreement does not work out and the boss does not sign the vacation application.

Here you will have to be guided by the norms of the Labor Code of the Russian Federation, in which all rights to annual rest are fixed.

Violation of the law regarding the provision of legal leave threatens with rather serious penalties. Up to 50 thousand rubles can be debited from the organization's account, the manager himself can be fined at least 5 thousand. Such penalties are provided for in Article 5.27 of the Labor Code "On Administrative Violations". If this issue is acute enough, it is easier for an employer to let the person go than to pay a fine. Also one of the most common situations between an employer and an employee is. This problem is also easily solved in the legal field.

Contacting the inspection when a vacation is prohibited

If a difficult situation with vacation arises, you can move on to more drastic measures, in particular, contact the special State Labor Inspectorate with a written complaint against the employer. As a rule, after such a statement, a commission will visit the enterprise. The inspector will check the legality of compliance with the rules for granting leave in relation to not only one applicant, but also all employees of the company.

The statement is written in freehand form with the maximum detailed description of the essence of the problem. It is sent by mail or handed over to the inspector.

Based on the results of the audit, the manager can be held accountable under Article 5.27 of the Labor Code of the Russian Federation, thereby obliging him to provide employees with a vacation that will fully comply with the approved schedule.

Drastic measures for obtaining leave

The most radical method to defend the right to leave is to appeal not only to the special labor inspectorate, but also to the prosecutor's office, at the place of work or residence of the head of the company. The reason for this may be a serious violation of the Labor Code, the refusal to take leave over the past two years.

In the process of resolving this issue, the prosecutor is obliged to take all measures provided for by law to respond to a direct violation of labor law. As practice has shown, the employer takes appropriate measures immediately after the first call.

It is recommended that before taking this step, carefully deal with the problem that has arisen and try to understand why the manager does not want to let go on vacation. Usually, if the main motives of the leader are clear, you can try to help him in solving such an issue and still find a mutual compromise.

If they do not give permission to leave, this is a serious conflict situation with violation of labor legislation.

Before taking drastic measures, it is worth trying every reasonable and peaceful method. There are a lot of solutions to the problem, ranging from individual negotiations with the head of the company and ending with the involvement of government agencies or. The law is on your side and you are obligatory.

The working relationship within the "boss-employee" framework is regulated by the relevant Code and the concluded labor contract. The legislation provides not only obligations, but also the rights of both parties. So, according to the information of the Labor Code, all employees can take advantage of paid vacations, divided into several subspecies.

The duration of some vacations is determined based on the amount of time that is actually worked within the framework of a given enterprise, but in order to receive others, it is necessary to present certificates. Knowing all the features of the correct design of a vacation will help to avoid unnecessary disagreements with the authorities, which often happen on this basis.

Who is eligible for vacation?

The length of paid leave granted each year is 28 days. As stated in the Labor Code, all categories of employees who are employed at the enterprise have the right to annual leave. This also includes all temporary, part-time or part-time employees.

But for this right to enter into legal action, one important condition must be fulfilled: a person must work at the enterprise for at least six months.

The only exception is women who, according to documentary evidence in the form of a certificate from a medical institution, are going on maternity leave. In this case, it is provided for the provision of labor leave even before the expiration of the period of work at the enterprise of 6 months.

Women can also take advantage of the labor leave, the maternity leave which is coming to an end. In this case, before going to work, they can use the available days of labor leave.

But not only women in position and with small children have such privileges. It is not necessary for employees under 18 years of age to work out a six-month period in order to go on vacation, as well as those mothers or fathers who have adopted a baby under the age of 3 years.

There is no need to use all 28 days in one go, as many prefer shorter vacations and the opportunity to rest twice a year. All employees have the right to split the number of due days, but it should be remembered that the duration of each vacation must be at least 2 weeks.

Features of the correct design of the vacation

The Labor Code states that in all enterprises, the scheduling of vacations must be completed 14 days before the end of December of the current year. The schedule is drawn up taking into account the wishes and preferences of all employees, but with the obligatory approval of the superiors. As a result, at the end of the year, each employee has information on future vacations and can safely plan their free time.

But this does not mean that the employee may simply not show up on the appointed first day of leave to work. According to the rules, a week before the vacation, the manager and the accounting department must be notified with a corresponding statement from the employee. The management needs this for further planning of the workflow, and for accounting employees - for the timely calculation of vacation payments. The application must be endorsed by the immediate supervisor and submitted to the personnel department.

If there is a production need at the enterprise, the boss has the right not to sign the application and not to let the person go on vacation. In this case, the employee has two options for getting out of this unpleasant situation:

Firstly, guided by your legal rights and focusing on this, you can defend your due vacation with the support of a special commission, the scope of which is labor disputes. But this path is quite conflictual and can cause many serious disagreements with the leadership in the future.

If there is no desire to enter into conflict relations with the manager, then all that remains is to use the vacation at a different time, which will be more convenient for both the boss and the employee.

But there are certain restrictions on the transfer of established vacations, which every manager should be aware of.

• women who are going on maternity leave, which is confirmed by an appropriate certificate from a medical institution;
• women who are on maternity leave and who want to use labor leave immediately after it ends;
• employees under the age of eighteen;
• men and women who are adopting a child under the age of 3 years;
• male employees whose wives are on maternity leave with children under 3 years of age;
• men and women married to military personnel who wish to take a vacation with their spouses.

My employer states that there should be 20 workers on a 28-day annual leave. That is, for example, if you collect 5 working days of vacation, then 2 days off are automatically added to it. Or this is how it was this year: April 28 is a working Saturday, and I was told that you cannot take a vacation from April 16 to April 29, you must necessarily take a vacation from April 17, since there is one more working day.

Does the employer have the right to interpret the labor code in this way? Or is he violating my rights by imposing a vacation period to make it 20 working days?

Best regards, Vasily A.

The law does not provide any clarifying information on the division into working days and days off. You have the right to rest for 28 calendar days in a row, and how many of them will be on work or weekends - it doesn't matter.

How many days can you go on vacation

If you wish, you can divide your vacation into parts. However, the Labor Code says that at least one part of this leave must be at least 14 calendar days. It turns out that you have to rest at least once a year for 2 weeks in a row, but nowhere is it said on which specific day your vacation will begin - this means that you can start it both from a working day and from a weekend.

You can negotiate with your employer about the remaining 14 days. If none of you mind, you can take this period in pieces only on weekdays or only on weekends - it depends on the willingness of the parties and the willingness to meet each other halfway. This splitting would be legal. If the employer does not want to provide the remaining vacation in parts, you will have to take all 14 days in a row.

And of course, the employer does not have the right to adjust the vacation dates solely for working days. Your vacation may include working days, weekends and even non-working holidays.

By the way, if a holiday falls on a holiday, then the vacation for one day is extended. But this applies only to the holidays listed in Article 112 of the Labor Code of the Russian Federation. If a day off is added to the holiday, rescheduled from another date, you will take such a day as a regular holiday - it will not be compensated.

What is a Vacation Schedule

The only document that can legally limit the dates of your vacation is the vacation schedule. His employer draws up in advance and, if the company has a trade union, agrees with him.

The vacation schedule is made no later than two weeks before the new calendar year. It is mandatory for both the employer and the employee. The schedule takes into account the norms of current legislation, the specifics of the organization's activities and the wishes of employees. By agreement between you and the management, it will then be possible to change the dates of the vacation, but if there is no need, it is still better to take a vacation at a predetermined time.

If you have a question about personal finances, credit history or family budget, write: [email protected] We will answer the most interesting questions in the magazine.

Employees of organizations are entitled to all kinds of vacations. Each of them can be of a certain duration. Leave is granted according to the order of the institution. And the basis for its release is the employee's statement. Consider taking annual leave.

How many days does it take to write?

The terms for writing an application for the next vacation vary from three days to two weeks. What is the reason for this? The defining moment is the scale of the enterprise. In order for each employee to be able to rest, and the enterprise does not lose its workforce, the HR department must draw up a vacation schedule for the next year. Two weeks before the approaching date, the employee of the personnel department is obliged to notify the employee in writing. Further, the latter writes an application for annual labor leave, on the basis of which an order is issued and vacation pay is paid.

You can write a statement three working days before the legal rest. This period of time is necessary so that the accounting department has time to calculate vacation pay.

Sample annual leave applications should always be kept in the HR department.

How to write correctly?

The statement can be handwritten or typed on a computer. The form of the document is as follows:

1. Cap. In the upper right corner it is necessary to indicate: to whom and from whom the application is being written. The position of the employer, his last name, first name, patronymic, and the name of the organization are registered. The applicant indicates his details and place of work.
2. Title. In this case, a statement.
3. Text. It should contain a direct appeal to the manager for the next annual leave, the date of its beginning with an indication of the period. If this is a different type of leave, then the reason for granting it should be indicated.
4. Date, signature.
5. Coordination. On the application, if it is provided for by the company's document flow, the immediate manager puts a visa, which means approval of the requested leave.

Also, an employee can divide the rest days into parts and take the first half of the next vacation in one period, and the second in another. This should also be documented. Sample applications for annual leave are presented in the article.

Unpaid leave. Transfer

An application for unpaid leave is written when the main one is still far away, and the employee needs to resolve any issues. The very form of address is practically no different from the previous one. Only the text changes. Here you need to indicate the reason why unpaid leave is required. You can indicate a generalized one - for family reasons, or you can specify a specific one - in connection with departure, in connection with the preparation for an event with a child, etc.

The employee must remember that the days for which the day off is provided are not paid by the company.

If the employee wants to postpone the fixed date of annual leave, he needs to coordinate this fact with the management and also write a corresponding statement. Its shape is the same as shown above. In the text of the appeal, it is better to indicate the clear reason for the postponement, so that the application is approved and signed by the authorities. This can be a combination of vacation with a spouse, the purchase of a voucher, family circumstances, etc.

Sample applications for annual leave with a postponement, as well as for unpaid leave are presented in the proposed material.

Additional vacation

Additional leave is regulated by Article 116 of the Labor Code of the Russian Federation. In some cases, the employer, under the terms of the collective agreement, provides it to certain categories of workers. But there are positions for which, in addition to the main annual leave, an additional one is required. These include:

• judicial officers, employees of internal organs, rescuers, cosmonauts, military personnel;
• construction workers;
• workers who extract minerals (salt, ore, oil shale) and transport them;
• metallurgical workers;
• employees of power supply enterprises;
• professional athletes and coaches;
• workers of the High North and persons who may be exposed to radiation;
• employees of the municipal sphere.

The fact of granting additional leave must necessarily be spelled out in the company's internal regulations and in the collective agreement. How should you pay for additional vacation? Annual, it is provided by the employer in the same manner as the main one. And it is also paid.

In addition, if an employee does not want to take additional vacation, he can write for unused vacation exceeding 28 calendar days.

Vacation is a delicate matter. Situations when less is paid than it should be during a crisis are, alas, not uncommon. And it seems self-evident that if the salary has been cut, then what can we say about vacation money. However, this is not entirely true. You can, of course, dismiss the phrase: \ "it's good that at least they pay, \" but, in our opinion, knowledge about your rights will not be superfluous.

In this article, we will look at how to get your vacation pay (and by the way, honestly earned) money correctly.

To begin with, you should know that the right to vacation arises after six months of work. In some cases, if an employee really needs a vacation, then he can try to get it in advance by agreeing with the management. However, it is not a fact that in this case it will meet. However, there is an exception for some categories of workers. So, according to the Labor Code of the Russian Federation the right to go on paid vacation at any convenient time is granted:

• for expectant mothers - immediately before or immediately after maternity leave, or immediately after the end of parental leave
• to a young father while his wife is on maternity leave.

After a year worked - you can't get out of legal leave - for 12 months, according to the law, 28 days are prescribed.

You should be aware that according to the law, each organization must draw up vacation schedule... It is approved by agreement between the employees and the employer no later than two weeks before the beginning of the next calendar year. However, it is clear that not everyone is sure when he really wants to go on vacation or a profitable ticket will turn up. In this case, having discussed the date with the manager, a statement is written 2 weeks before the immediate vacation with a request to postpone it to the desired date. But, again, there should still be a vacation schedule. If it is not there and it is not possible to agree with the authorities, you can contact the State Labor Inspectorate, but this is an extreme measure. Still, after the vacation, you still have to work, and conflict situations do not lead to anything good.

Note! If you work under a civil law contract, for example, for the provision of services or a work contract, and not for labor, you are not entitled to leave, or even paid sick leave. And this should be remembered even before getting a job.

When and how much vacation pay should be accrued

According to the Labor Code, they must be calculated later than three calendar days before the start of the vacation. It should be noted that this rule applies only to vacation payments and does not apply to salaries. It is issued within the time frame established by labor or collective agreements. Note that if this condition is not met by the employer and the employee did not receive money before the vacation, the employee has the right to postpone the vacation to any other time.

The amount of vacation pay is calculated as follows: the average daily salary is multiplied by the number of vacation days. The average daily earnings for calculating vacation pay is determined by the formula: the amount of payments for the settlement period (or average monthly earnings) is divided by 29.6.

Additional vacations

It is well known that people working in hazardous or hazardous industries are entitled to additional days of paid leave. In addition, additional leave is supposed to have a special nature of work, people with irregular working hours, as well as those working in the Far North and equivalent areas. Note that the lists of industries, jobs, professions and positions, work in which gives the right to grant such leave, are approved by the Government of the Russian Federation. For example, hazardous work includes: the food industry, various chemical enterprises, working with film and photographic films, synthetic dyes, welding, painting, working in the subway, jewelry production, and so on. But also, few people know that if a person spends 80% of his working time at a computer (monitor), he is additionally entitled to 7 days of vacation.

According to the law, those employed in hazardous production are granted leave for the time actually worked in hazardous conditions, and therefore cannot be the same for everyone. Depending on the profession and position held, the organization can provide the employee with additional rest from 6 to 36 working days. Anyone who doubts the correct calculation of their additional leave can consult the State Labor Inspectorate.

Speaking of additional vacation days, we should also mention study and family vacations. Let's start with the latter. For family reasons and other valid reasons, the employee, upon his written application, may be granted leave. However, without pay, or at their own expense. Its duration is determined by agreement between the employee and the employer. And in the application, the employee is obliged to indicate the reason why he needs a vacation.

By law, the employer is obliged to provide unpaid leave up to five calendar days in the following cases:

• the birth of a child,
• registration of marriage,
• death of close relatives.

In addition, on the basis of a written application, unpaid leave is granted:

• participants in the Great Patriotic War - up to 35 calendar days a year;
• working old-age pensioners - up to 14 calendar days a year;
• parents and wives of military personnel who died or died as a result of injury, concussion or injury received while performing military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;
• working disabled people - up to 60 calendar days a year.

Concerning study leave- then, by and large, a separate material can be devoted to him. It is provided in calendar days, regardless of the actual duration of the employee's work in the organization, but it can be either paid or not.

The granting of this leave is subject to:

• from the form of study (full-time, evening, part-time)
• type of education (secondary vocational, higher, doctoral or postgraduate studies)
• as well as a number of other conditions.

It is worth noting that leave is provided in the case of training an employee in an institution that has state accreditation. The terms for which study leave should be granted are from 50 calendar days, depending on the form and course of study. For example, students of higher evening and correspondence departments should be given 40 paid days for a session in 1 and 2 courses, and full-time students - 15 unpaid calendar days in the academic year. Although in reality it often turns out that employees take less study leave than they should.

Separately, we will say that employees admitted to the entrance examinations for graduate school, are entitled to 30 calendar days of paid educational leave with the preservation of the average salary. Employees who are already enrolled in postgraduate studies by correspondence are entitled to an annual paid additional leave of 30 calendar days. By the way, in the latter case, in order to receive a vacation, an employee must annually provide a certificate from an educational institution.

However, in our life there are different situations and you do not always know if they are legitimate. Let's consider some of them separately.

If you cut your salary

Suppose you were transferred to a shorter working day, and your pay fell by more than a third. In this case, you should not immediately be afraid of very small vacation pay. Above we have already written about how the vacation is calculated, in addition, we note that vacation pay is calculated based on your salary for the last 12 calendar months. So the first year the reduced earnings will be counted with the earlier one - the higher one.

If you have worked for less than 6 months and quit

If an employee has worked for a company for less than six months, including under a short-term employment contract, upon dismissal, he has the right to receive compensation for the number of vacation days in proportion to the time worked. For example, for four months worked, monetary compensation is due in the amount of average earnings for 9.3 calendar days.

If you haven't taken a vacation

As you know, upon dismissal, an employee is paid compensation for unused vacation days. Please note that this compensation is due regardless of the reason for the dismissal. Vacation pay is calculated in this case for earnings for the last 12 months of work.

But it is impossible to receive monetary compensation while still working: according to the Labor Code of the Russian Federation, it is prohibited to replace rest with money.

If vacations are not paid

It also happens that the company provides only non-paid vacations, but a payment system, for example, piecework. However, even here, in case of dismissal, compensation is provided for unused vacation days. The fact is that when calculating the average wage, all types of payments provided for by the wage system are taken into account, which are used in the relevant organization, regardless of their source. So on the last working day, the employer is obliged to issue a work book, other documents and make a final payment with the employee.

If you have not paid vacation pay

Unfortunately, the situation when the employer does not pay the legally set vacation pay, motivating it with a lack of money, is not so rare. As mentioned above, in case of not receiving vacation pay, the employee has the right to postpone the vacation to any other time. Consolation, of course, is weak.

But suppose the employee still took a walk, later wrote a dismissal, and the employer continues to delay the payment of vacation pay.

In this situation, it should be remembered that upon termination of the employment contract, the payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. In the event of a dispute over the amount due to the employee upon dismissal, the employer is obliged to pay the non-disputed amount on the day of dismissal. In the event of unlawful actions by the employer, the employee has every right to apply to the bodies of supervision and control over the observance of labor legislation. These include: the prosecutor's office, the state labor inspectorate, the labor dispute commission of the court organization. Note, with regard to individual disputes about dismissal - you should apply to the court within one month from the date of delivery of a copy of the order of dismissal.

And at the end of the article, we will tell you about a little \ "trick \" how best to take a vacation.

For example, you decide to take a vacation for a week, you are instructed to write an application from Monday to Monday, meanwhile, you can save a couple of days for the future. Indeed, as you know, for the most part Saturday and Sunday are non-working days, however, vacation is taken on calendar days and it turns out that legal holidays fit into it, so you can indicate Friday in the application as the last day.

\ "Please provide me with another paid vacation for 5 calendar days from 08/17/2009 to 08/21/2009 \".

In the same case, if you are not on the vacation schedule, the statement will be like this:

\ "Please transfer part of my next paid vacation from 10.07.09 to the period from 17.08.2009 to 21.08.2009 for a period of 5 calendar days \".

So, you can save yourself a couple of days for subsequent rest. But do not forget that in this case they will pay you 5 days, not 7. What to choose a slightly larger amount of vacation pay or a couple of "extra" days of rest is up to you.