Do not give leave at work where to go. Do not let go on vacation. Is it legal not to let on vacation on schedule

Recent events prompted me to write this article... The problem was related to the fact that the employer did not let go on vacation. Yes, I am aware that everyone has the right to an annual vacation, but what to do if they do not give a vacation and also threaten to be fired.

My situation is pretty commonplace and ubiquitous. Employers do not want to hire permanent employees, other citizens and pay extra money for vacation time, so they are taking a variety of measures to keep the employee in his place.

I was simply told that there was no way to go on vacation. Another employee, my colleague, has not yet returned from vacation, which means that there will be no one left in the office. As a result, I was left without rest and did not really understand what to do. A week later, my partner returned, and I went on vacation.

The mood was ruined, I was late on a trip abroad with friends, and in order not to get into such a situation again, I decided to study this issue in more detail, and now, I am writing a note. I hope the results of my mini-investigation help other people in difficult situation.

Unfortunately, many Russians, at least once, but faced in their lives with a situation where the authorities simply do not let go on vacation. Despite the fact that such actions are legally regarded as a serious violation and are punishable by a fine, employers often take such a step, hoping that the employee will not go to complain. It happens that the threat of dismissal or other methods of influence are used.

To understand whether the employer can not let the employee go on vacation on schedule, you should first decide what the vacation period is and who is entitled to it. According to the Labor Code, every citizen, once a year, can exercise his legal right and go on vacation.

The minimum period for such a period is 28 calendar days. In small firms, it is not uncommon for employees and management to negotiate this moment verbally and in the future, everyone goes to rest at the chosen time. On the large enterprises the situation is somewhat different.

In order not to violate the rights of employees and so that every citizen can rest during the year, a special schedule is formed.

The document indicates the holidays of all employees of the company, and the employees are familiarized with the dates against signature. On the the final stage the execution of the schedule is assured by the employer, which automatically assumes responsibility for its observance.

If the schedule indicates the specific dates of the vacation, then its non-use, possibly only with the personal statement of the employee and provided that in the previous period the citizens were fully rested.

How to act if they don't let you rest

It is useful for every employee to know how to go on vacation if they are not allowed to go to the place of employment. Especially necessary this information for a situation when, do not give leave, in the period fixed using the standard schedule.

Citizen's actions must not contradict the provisions Russian legislation and be clear, namely:

require the employer to fulfill the obligations assumed by him after signing the vacation schedule;
indicate that the right to rest is laid down by law and must be provided to every citizen after six months of work;
the rest period necessarily fits into the general schedule and is approved by a special order. Every employee must be familiar with it. If there are no such documents, then the issue of vacation is agreed with the employer.

It should be pointed out that the use of statutory leave is not just the employee's right, but the employer's obligation. The solution to the issue is regulated by law.

Should you compromise with your employer?

The easiest way to solve the problem is to contact the manager. It is quite possible that we are talking about a misunderstanding, and it will be possible to cope with the situation with the help of polite conversation. You should never abandon this method, because according to statistics, at least 40% of situations are settled this way.

Even if the employer is not happy with the employee's upcoming vacation, it is always possible to find a compromise. An option in which the plans of the management and the employee will not be violated will be easily found if the parties constructively discuss the problem.

There are many cases that it is the loyalty of employees and the provision of the manager with the opportunity to move the rest time to an earlier or later date that allows to resolve the conflict and make a decision that satisfies each of the parties to the labor dispute.

Another compromise is when an employee takes on urgent work during rest. This allows you to ensure the continuity of the work process and get the citizen the prescribed period of rest.

Unfortunately, an agreement may not be reached. The boss simply refuses to sign the vacation application. Here the employee has no choice but to contact the labor inspectorate. Such actions include an audit of the company's work and a fine of 50 thousand rubles.

The leader himself will be fined 5 thousand rubles. Thus, the answer is yes to the question of whether leave can be denied, but for such violations the company and the director personally face a fine.

Conclusion

Refusal to take legal leave may lead the company and its management to a serious fine and cause a large-scale audit.

Contacting the labor inspectorate is a radical step on the part of the employee, but they resort to it only in the event of a complete refusal by the management to provide rest. The easiest way to resolve the situation is to contact the employer with an attempt to negotiate.

The answer to the question, can the employer not let go on vacation, lies in the bowels of labor law. There are situations when an employee planning a vacation may receive a justified refusal. But there are always cases when the manager is obliged to give leave on application. An analysis of the articles of the Labor Code will allow you to figure out whether there are violations of the law at a particular enterprise and how to proceed if do not let go on vacation.

How to get rest without problems as a general rule

Main rest

There are two main approaches to vacation design. Let's see in each case.

Rest on schedule

The employee is going on vacation according to the established vacation schedule. The bosses believe that for a number of reasons this vacation will be harmful production activities companies. But is it possible do not let go on vacation on schedule? You can deny a subordinate such rest if:

obtain the employee's consent to move the rest to a different time;
issue according to all the rules personnel order about the postponement of vacation;
fix the adjustments made in the vacation schedule.

But, what to do if you are not allowed to go on vacation on schedule without any explanation? If the leadership must let go on vacation on schedule, then the employee may simply not show up for work on the first day of vacation and there will be no violation of this. Moreover, even if someone from the leader did not agree with the vacation, he did not put the resolution “I agree” on the vacation application. Moreover, you can go on vacation on schedule without an application, in principle. However, this comes with some risks. So, for example, an employer may not pay vacation pay on time. For more details see "". Also, if you go on vacation on schedule and do not even inform the management about it, then conflict situations are not excluded. Despite the fact that the employee must let go on vacation.

Read also In 2019, all employers must include in their employment contracts a clause on the passage of medical examinations by employees.

Rest on personal request outside the schedule

It happens that an employee has an acute urge or an inevitable need to take a vacation in a different period than the dates previously planned and indicated in the schedule. Then he writes an application for vacation, but he must know: in this situation, the manager has every reason to refuse. And this will not in the least contradict the norms of labor law.

Can the manager not let go on vacation? Yes, it can, if the vacation is not scheduled in the vacation schedule.

Unscheduled vacations are allowed only with the approval of the employer's management. If, by submitting an application, but not obtaining an approving visa and not signing the appropriate order, the person does not go to work, this can be regarded as absenteeism. Which gives a reason to say goodbye to such a subordinate (Article 193 of the Labor Code of the Russian Federation). And he will be able to appreciate all the delights of the process of imposing this disciplinary measure on himself.

When you can't deny rest

A number of employees cannot be given a vacation under any pretext. Let's list them:

Women in labor before and immediately after maternity leave, or at the end of parental leave.
This type of vacation must be given and paid for every year. The right to it is enshrined in Article 260 of the Labor Code of the Russian Federation. Draw it up at the request of the employee. Refusal is not possible.
Men whose spouses will soon give birth and rest in this regard(Labor Code of the Russian Federation, Article 123).
Employees who are currently working and gaining new knowledge.
For such persons, the law guarantees paid rest in excess of the basic one. The initial document for its registration is a special certificate-call from a secondary school or university (Labor Code of the Russian Federation, art. 173-176).
One of the parents Full time job which takes place in the northernmost regions of the country or in an area of a similar status.
Trustees and guardians can also act as parents. Such leave is allowed if there is a need to accompany a person under 18 to another area in the hope that he will go to college, institute, etc. (Labor Code of the Russian Federation, Art. 322).

Read also What is a "job offer" and its sample

Rest at the right time: who has the right

Let's find out can the employer not let go on vacation employee in a suitable period for him? By general rule certainly yes. If the relevant dates are not reflected in the schedule. But there are a number of exemptions from general order registration of vacations.

We list those who are entitled to vacation at a convenient time for them (Labor Code of the Russian Federation, art. 123):

Employee under the age of 18.
Such workers can walk for 31 calendar days (Labor Code of the Russian Federation, Art. 267). And they can find a convenient time for themselves.
Families of one man or woman with two or more children under 12 years of age.
These categories of employees have preemptive right choose a vacation period in a hot or other suitable time for them (enshrined in Soviet labor legislation and continues to operate to this day).
Employees who previously had to be called from rest.
Those workers, whose annual paid vacation has been cut short by an official call for work reasons, have the choice to use the vacation tail whenever they want during the year. Although, at will, they can add the rest of the days unchecked to the next vacation of the coming year. (Labor Code of the Russian Federation, Article 125). Also see “Recalling an employee from vacation”.
Part-timers.
If the company has employees registered in the state on a part-time basis, they have the legal right to take leave during the period when they were given it at the main place of work (Labor Code of the Russian Federation, Art.286). Also see "".
Parent (trustee, guardian) of a child with a disability under the age of 18(Labor Code of the Russian Federation, Art.262.1)
Military wives and husbands
These categories of workers can count on rest at the same time as their soul mate (Law on the status of the military, No. 76-FZ of 05/27/1998, paragraph 11, Art. 11).
Employees who donated blood many times and received the appropriate national status(Law on blood donation No. 125-FZ of 20.07.2012, clause 1 of part 1 of article 23).
Some persons associated with the Chernobyl disaster(Law on guarantees to Chernobyl victims No. 1244-1 of 05/15/1991, clause 5 of Art. Also see "".

Contrary to the bosses

Labor disputes due to the failure to provide leave are more and more frequent today. They arise for various reasons, the main of which is the lack of an approved vacation schedule. According to the laws of the Russian Federation, such schedules should be in all companies, and they should be approved for the next year annually and no later than mid-December.

As a rule, these violations are noted in private organizations, in which employees are sent on vacation with the permission of their superiors - written or oral.

What if the vacation you are entitled to has not become a happy reality?

Do not give leave - do they have the right, what the Labor Code of the Russian Federation says?

The management of each organization / company is obliged to draw up a vacation schedule - of course, taking into account the wishes of the employees and the employer's capabilities.

Compliance with the established schedule is the responsibility of both parties, both employees and the manager.

Does a leader have the right to forget (ignore) his responsibilities? What does the law say?

The duration of the vacation is determined by law. Each officially employed employee must go on vacation annually (note - paid, Article 114 of the Labor Code, Article 122, Part 1 of the Labor Code) for 28 days (Article 115 of the Labor Code), while maintaining the same average salary, and their position. The period of leave for minors is 31 days.
28 days of vacation can be used once or divided into 2 vacations of 14 days to be submitted within 1 business year.
If the employer, after a year of work of his employee, has not realized his right to vacation , the employee has the right to do it himself. Why? Because the implementation of the right to leave is determined by the legislator, and not by the employer: every employee after 6 months of official work has the right to 14 days of vacation. From the 2nd and the following year of work, the manager provides leave (28 days) to his employee according to the schedule and sequence of vacations.
Go on vacation before the expiration of the six-month period of work according to Article 122, part 2 of the Labor Code, employees under the age of 18 can be employed; employees who have adopted babies under the age of 3 months; and women before / after maternity leave. Employees from the listed categories independently determine the time of vacations when submitting an application to the management.
Lack of a vacation schedule in the company implies the independent exercise of the right to a vacation by an employee with his independent determination of a convenient time for this vacation. Moreover, the disagreement of the management with the period of time chosen for the vacation does not matter and is not at all an obstacle to going on vacation. True, the management will have to warn about this in writing a couple of weeks before the long-awaited "vacation".
The employer is also obliged to warn his employees about holidays 2 weeks maximum before their onset and in writing(Article 123, part 3 of the Labor Code). If the manager did not warn the employee, as expected, 2 weeks in advance, then the employee has the right to postpone his vacation time forward by 2 weeks prescribed by law.
The time for using the vacation may well be determined by the agreement. between employee and management. But such an agreement must take into account the nuances of the legislation. That is, the manager has no right to worsen the conditions for the implementation of the vacation (for example, to give a shorter vacation than is required by law).
Absence of vacation for 2 consecutive years contrary to the wishes of the employee, this is a gross violation of the law (Articles 123-124 of the Labor Code).
If the vacation was never used , then it is "carried over" to the next year (that is, it is added to the next year's vacation). It is legally impossible to exchange your vacation for monetary compensation. But in case of reduction or dismissal, the employer is obliged to compensate you in money for the vacation that you did not take off.
When working on hazardous production or with irregular working hours the employer must provide you additional leave(also paid), the duration of which must be at least 3 days (it is fixed in the rules of internal labor / schedule or in the collective / contract). This additional vacation can be replaced by monetary compensation.

Do not let go on vacation on schedule - instructions on how to gently achieve your goal

The suitcase is already almost packed, and even the tickets are on the shelf, and everyone does not let go on vacation.

How to fight for your rights?

If you are unofficially settled and you are not given a vacation ...

Even in the case of "unofficial" employment of an employee, the employer must necessarily issue labor contract... This is given 3 days from the moment the employee is admitted to work. That is, directly labor relations appear from the moment the employee started working, and all the relevant provisions of the Labor Code apply to him (together with the employer).

As for - he assigned to an employee at any time according to the existing agreement with the employer after six months of continuous work(exceptions are defined in Article 128 of the Labor Code).

In case of violation of the legal right to vacation an employee can safely apply with a statement from the State / Labor Inspectorate and additionally indicate a request for non-disclosure of personal data (in order to avoid revenge from the management).

If you are employed under a work contract and you are not given leave ...

According to the laws, the basis of occurrence between the employer and the employee labor relations Is an employment contract. It is to such relations "employee / employer" that all the norms of legislation on labor law, including sick pay, vacations, etc.

As for the work contract - it already refers to the contractual relationship, which, in turn, is regulated by the Civil Code of the Russian Federation. That is, everyone who works under a work contract is deprived of their right to leave (sick leave, vacation pay, etc.).

Of course, this option of work is very beneficial for the employer, but it is worth noting that a civil law contract can also become a labor contract - through the court, at the request of the employee, or at the request of the State / Labor Inspectorate. AND if the court recognizes this contract as labor , then the employer will already have to issue to his employee work book, and provide all benefits, including vacation (plus pay back unpaid benefits - sick leave, vacations, etc.).

Drastic measures, if they do not sign a vacation, we turn to the State Labor Inspectorate or the court

If a peaceful conversation with the authorities did not work out, and no one let you go on vacation, despite your written claim, only radical methods of solving this problem remain.

We contact the State / Labor Inspectorate

How to find the State / Labor Inspectorate? All addresses in the regions today can be easily found on the Internet. For example, here - www.rostrud.info
Who can apply? Any citizen, group of employees, or trade union.
Writing a complaint against the employer (if there is no desire to "shine" your name, you can ask for a check without specifying your full name - anonymously, Article 358 of the Labor Code) in any form, describing the essence of your problem as clearly and in detail as possible. Be sure to indicate all the data in full (inspectors do not consider anonymous letters). We hand this complaint directly into the hands of the inspector or send it by mail (note - by registered order, with acknowledgment of receipt).
The term for consideration of the complaint. As a rule, such applications are processed quickly - no more than 15 days.
The maximum term is 1 month. True, in megacities, a complaint can wait for consideration up to six months, due to the heavy workload of inspectors.
After a complaint, your company is visited by a commission , and the inspector carefully checks the cleanliness and legality of compliance with all rules for granting leave for all employees of the organization.
After verification, based on its results , the manager is usually held accountable, in accordance with Article 5.27 of the Labor Code, thereby obliging him to immediately provide his employees with leave in accordance with the schedule.

If the inspector refused you (and you are not going to appeal the refusal to Federal Service on labor and employment), there is an even more radical option - appeal to the prosecutor's office and the court. The reason is the refusal to take leave in the last 2 years.

Usually, after calling the management to the prosecutor, all measures to return working conditions to the legal field are taken by the employer immediately.

Many workers in Russia are often forced to face the fact that the employer refuses to provide the opportunity to go on vacation at the desired time, or does not issue permission to go on vacation at all. In the article, we will consider whether the employer can refuse leave, what to do in such cases and where you can complain to the employer for refusing to grant leave.

Table of contents:

Vacation and its legislative regulation

The right to rest is an inalienable right of every employee, which is unambiguously enshrined in the provisions of labor legislation. And vacation is one of the types of such a vacation. The legal regulation of vacations provides for the compulsory provision of them. Vacation can be replaced by monetary compensation solely at the request of the employees themselves, and then with certain restrictions. However, situations where the employer does not leave on vacation are quite common in the Russian Federation.

In general, the general legal regulation the issue of vacations is provided by the provisions of Art. 114-128 of the Labor Code of the Russian Federation. At the same time, the issues of direct designation of the time of vacations, as well as situations in which the employer may refuse the employee to take leave, are considered mainly by the provisions of Art. 122 and 124 of the Labor Code of the Russian Federation.

It should be noted that regardless of the circumstances, the employee must be able to go on vacation at least once in two calendar years, and the amount of at least one such vacation must not be less than 14 days. Also, it is not allowed to reduce the amount of vacation less than the statutory standards for 28 days of vacation, excluding additional mandatory paid holidays.

However, the right to draw up belongs to the employer or his HR department... A vacation schedule is a document that mandatory must be present at the enterprise. In this case, such a schedule may be drawn up without taking into account the wishes of the employee, however, taking into account the opinion of the trade union organization.

When an employer can refuse leave

The possibility of refusing leave to an employee is directly provided for by the provisions of Art. 124 of the Labor Code of the Russian Federation. At the same time, this refusal should be strictly regulated, and for some categories of workers it is completely inapplicable. So, the employer has the right to refuse an employee to go on vacation:

Regardless of the schedule of established vacations, employees who have spent less than six months at the enterprise do not have the right to unconditionally receive vacations. However, by agreement with the employer, such leave may be granted.

An important fact

If an employee is denied leave, the employer must indicate on a mandatory basis that in order to eliminate any undesirable situation, such a worker should remain at the workplace. Such a situation can be considered the exit of other employees on sick leave, the dismissal of other employees of a similar position, the receipt of large order, the possibility of equipment downtime or other similar moments.

In some cases, going on vacation can also be canceled due to the employee's work in specific authorities. In particular, in law enforcement agencies, in medical institutions, the Ministry of Emergencies and similar organizations. Moreover, in some cases regulations such work may even establish the employer's right in the event of force majeure. In other situations, employers do not have the right to independently and without the consent of employees to recall them from the already existing leave.

note

All of the above reasons for refusing to grant leave relate only to those directly provided for by the vacation schedule established at the enterprise. In the event that an employee wants to get a vacation outside such a schedule, he is obliged to send the employer a statement of such a desire. However, the employer is not obliged to satisfy such applications and can refuse the employee without restrictions and without giving reasons.

When and to whom the employer cannot refuse to grant leave

Acting labor legislation also provides for a number of cases and selected categories workers for whom the above restrictions do not apply. Such employees have the right to receive leave at will, regardless of the established schedule, without the employer's right to refuse them, or according to the schedule, but without the employer's ability to change it without asking the employee's consent. In particular, the categories of persons who cannot be denied leave on schedule include:

Pregnant and giving birth women, leaving for and childbirth;
Parents who go on parental leave;
Workers receiving higher education at the same time as work;

In addition to the above situations, the legislation also provides for a number of persons who, although they do not have the opportunity to receive leave at any time convenient for them, have the opportunity to leave when they want. These include:

People with disabilities and pensioners;
Workers whose spouses died while serving in the army, law enforcement agencies and similar structures;
Any workers who have had a relative's death or childbirth in their family.

What to do if you are not allowed to go on vacation

If the employer postpones the vacation schedule, or does not provide the opportunity to go on vacation, when such a right must be satisfied without fail, then there are various levers of influence on him. First of all, you should establish the legality of such actions, as well as check the various nuances of organizing vacations. The employer's actions can be recognized as illegal:

If the vacation schedule for the current year was drawn up later than December 17 of the previous year;
If the opinion of the trade union was not taken into account when drawing up the vacation schedule;
When the employee has not taken vacation for more than two calendar years;
If the employee belongs to a special category of persons indicated above;
If the employer has not provided a documented reason for the employee's absence on vacation;
When the employer did not notify the employee about the change in the vacation schedule, or notified it less than two weeks before the start of the planned vacation.

Complaining about the employer for not providing leave can be both in and in the state labor inspectorate in order to conduct an inspection. In addition, a complaint can also be written to a trade union organization and Rospotrebnadzor, since such an organization also has the right to check working conditions. Failure to observe the workers' right to rest is a clear violation of the established standards. Also, direct self-filing of a claim in court at the employer's location is also allowed.

An important fact

Vacation can be replaced with monetary compensation, however, solely on the personal initiative of the employee and only with his application.

It should be remembered that the employer's refusal to grant leave at the request of the employee cannot be the basis for unauthorized absenteeism for such workers, even if such a refusal was illegal. In this case, the employer may have the right to impose disciplinary action right up to dismissal. But when the vacation was scheduled according to the schedule, and the employer did not notify the worker about its cancellation, the employee can independently go on vacation, without even making an application for it.

Can the employer not let the employee go on vacation? In some cases, yes, in others, no. But before looking into this issue, let's recall the main requirements of the Labor Code of the Russian Federation regarding the provision of vacations to employees.

General rules for granting vacations

Let's start with the fact that each employee has the right to an annual paid leave of at least 28 calendar days (Articles 114, 115 of the Labor Code of the Russian Federation). At the end of each year (namely, no later than December 17), the organization must draw up a vacation schedule (form No. T-7, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1) for the next calendar year (Article 123 of the Labor Code of the Russian Federation). According to it, the sequence of granting vacations to employees is determined. That is, this is a kind of plan, which indicates on what date and for how many days each employee of the organization will go on vacation. The schedule reflects both, and assigned to employees.

Scheduled vacation

If the employee must soon go on vacation according to the schedule, and you, as an employer, cannot let him go due to production needs, then you will need to obtain the employee's consent to postpone the vacation (in writing), draw up a transfer order, and also make changes to the vacation schedule.

It happens that an employee becomes an irreplaceable employee while already on vacation. Then we are not talking about the transfer of vacation, in vol. And that's a completely different story.

Vacation on application

If the employee is going to go on vacation not in accordance with the schedule, but simply upon application, then the employer has every right to refuse him. And at the same time it will not in any way violate the rights of the employee. Because the issue of providing unscheduled vacations is always decided by agreement between the employee and the management of the organization.

Accordingly, if an employee, without the consent of the employer, decides to go on vacation and does not show up for work, then he can be fired for absenteeism (Article 193 of the Labor Code of the Russian Federation). In this case, it will be necessary to comply with the entire procedure for bringing an employee to disciplinary responsibility.

When the employer does not have the right to refuse the employee on vacation

Under certain circumstances, the employer is obliged to provide the employee with leave and cannot refuse him. This:

annual paid leave granted to a woman before or immediately after maternity leave, or at the end of parental leave. The employee must be released on leave on the basis of her application (Article 260 of the Labor Code of the Russian Federation);
annual paid leave provided to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
additional leave granted to persons combining work with study. In this case, the employee must give the employer a call-out certificate from educational institution(Art. 173-176 of the Labor Code of the Russian Federation);
annual paid leave granted to one of the parents (guardian, trustee) working in an organization located in the Far North region or an equivalent area. This is the leave required to accompany a child under the age of 18 who enters educational programs in the organization / institution of secondary and higher vocational education located in another area (Article 322 of the Labor Code of the Russian Federation).

When an employee has the right to take vacation "at a convenient time for him"

Also, some categories of workers can independently choose the period of time for their vacation during the year. That is, they should be given leave at a convenient time for them (Article 123 of the Labor Code of the Russian Federation). And the employer will not be able on his own initiative to adjust the dates or deny them leave. Such a privileged position for the following categories:

workers under the age of 18. By the way, they are entitled to annual paid leave for 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
women and single men with two or more children under the age of 12. They have the primary right to receive annual leave in the summer or another time convenient for them (subparagraph "b" of clause 3 of the Resolution of the Central Committee of the CPSU, USSR Council of Ministers of 01/22/1981 No. 235, Order of the USSR Council of Ministers of 10/30/1985 No. 2275r, Decision Of the Supreme Court of the Russian Federation dated June 17, 2014 No. AKPI14-440);
workers recalled from paid annual leave. They are given the right to use the rest of the vacation at any time convenient for them during the current year or add it to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation);
... They have the right to take part-time leave at the same time annual leave provided at the main place of work (Article 286 of the Labor Code of the Russian Federation);
one of the parents (guardian, trustee, foster parent) raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
spouses of military personnel. They are granted leave simultaneously with the leave of the spouses (clause 11 of article 11 of the Law of 27.05.1998 No. 76-FZ);
honorary donors of Russia (clause 1 of part 1 of article 23 of the Law of 20.07.2012 No. 125-FZ);
some categories of Chernobyl victims (clause 5 of article 14 of the RF Law of 15.05.1991 No. 1244-1).

The above workers can take advantage of their leave without the consent of the employer. This means that even if the management of the company is against, and the employee, despite this, goes on vacation at the right time, dismissing him for absenteeism would be the wrong decision. After all, there is a high probability that after this the employee will be reinstated at work by a court decision. And then the employer will have to pay him not only average earnings for the period from the day of the employee's dismissal to the day of reinstatement at work, but it is also possible compensation for moral damage if the employee claims it in court and the court supports him (Articles 234, 237 of the Labor Code of the Russian Federation, subparagraphs "d" of clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03.2004 No. 2).

"Compulsory" leave without pay

There are also such workers who, on the basis of their applications, must be granted leave without pay. The corresponding norms on unpaid leave are contained not only in the Labor Code of the Russian Federation, but also in other legislative acts... A number of specific cases and the duration of vacation for each of them are indicated in the table below.