Unfortunately, many workers of variousenterprises and private firms, having worked for more than one year, do not know exactly how to take a vacation and what kind of vacation they are entitled to under the law. It is quite obvious that for any employer it is preferable that all its employees work without holidays, and preferably even without days off. But the interests of workers are protected by law. Their relationship with employers, including the provision of leave, is regulated by the Labor Code of the Russian Federation.
According to this code, an employeemust be granted leave (paid), lasting from 28 days. In special cases, stipulated by the legislation, the amount of leave may well be greater.
In addition, persons who work in hazardous industries, in harsh conditions or in other cases specifically provided for in the code, may be provided with paid additional leave.
How to take a holiday
Sequence of vacations at the enterpriseis set according to the schedule of holidays, which should be drawn up no later than December 15. This schedule sets the vacation period for all employees. Before the coming of the new year, everyone working at the company must make sure that it is included in the schedule of holidays.
Not later than a couple of weeks before the holiday employeeis warned about the day of its beginning. Before leaving for leave, the employee writes a statement, in which the duration of the holiday, the date of its beginning and the end must be indicated. The application is filed in the name of the immediate superior or the head of the enterprise.
Terms of the leave on leave
According to the Labor Code, any employeereceives the right to another vacation (paid) not earlier than in full six months of work at the enterprise. That is, even if you have twenty years of uninterrupted service in one place and moved to work for another, then at the new enterprise you will get the right to another vacation only after six months.
Exceptions to this rule exist. First, a woman can take leave before her leave for childbirth and pregnancy, or after it. Secondly, any employee can take an expiration of a six-year period to take a vacation with the adoption of a child less than three months old. And, at last, at any time, vacation can be obtained by agreement with the employer. There may also be other cases provided for by local laws when it is possible to enter a paid vacation earlier than six months of work. If you doubt whether it is possible to take a vacation in your particular case, you can consult with an enterprise lawyer or a paid legal advisor in advance.
In addition to the legislationannual regular paid leave, employees may, in agreement with the employer (with the direct supervisor for budgetary enterprises) take leave at their own expense without saving wages for the entire holiday. Naturally, the employer can easily refuse to give you a vacation simply at your first wish. But there are a number of reasons why you can not refuse such a vacation. So, any employee can take leave for up to five days at the birth of his child, when registering his marriage and in case of death of a close relative. In addition, the spouses and parents of servicemen who died or died in the line of duty, as well as working pensioners, have the right to unpaid leave for up to fourteen days. On vacation for up to 35 days - participants of the Second World War. Up to 60 days - working disabled. All unpaid leaves do not deprive workers of the right to regular paid holidays and do not affect the terms of leaving for a regular holiday.
Compensation for unused vacation
Often there is a question - instead of vacation, whencan I get monetary compensation? Only in the case when the employee is paid leave for a period of more than 28 days. In this case, compensation can be obtained only for part of the leave for more than 28 days. To do this, the employee must submit a written application in advance. You can not get compensation instead of giving birth to pregnant women, minors. An exception is compensation for unused leave upon the termination of an employee.
Leave on leave
If the employee left withunused next vacation for this or previous year, then he can receive these vacations at will before dismissal, then the last day of vacation is considered the date of dismissal. Also, he can receive compensation in cash for the entire period of unused vacation. An exception is the dismissal of the "article" for absenteeism, boozing or material damage. At the same time, vacation before dismissal is not provided and is not compensated.