According to the Constitution of the Russian Federation - Art. 37, clause 5 - every citizen has the right to leave. Art. 114 of the Labor Code of the Russian Federation defines such a concept as annual paid rest as follows: this is the time available for rest for an employee with preservation of his permanent place of work, previous position, as well as earnings.
Art. 122 of the Labor Code of the Russian Federation guarantees the right to paid leave to each employee regardless of their position. It occurs after six months from the start of work in the organization. Today, by law, an employee acquires the right to paid rest with each day worked, and not for a calendar year .
Annual leave is 28 days. It is calculated in accordance with a six-day working week, while holidays that are off during this time are not included in the number of days of rest and, accordingly, are not paid.
According to the law, the main paid vacation is granted to the employee in accordance with the length of service , which includes the time of work in fact, as well as the time when the employee could actually not work, but he retained his workplace. Such cases include: public holidays and weekends, periods of business trips, disability, advanced training, time for medical examinations, training sessions, and some others.
Starting from the moment when the employee worked in the organization for six months, he has the right to receive the next paid vacation at any time in accordance with the schedule for their provision. For the first year of work at the enterprise, leave can be provided in advance upon the preliminary application of the employee . The category of priority applicants for it includes women before the decree, employees under the age of 18, employees with foster children in the family, part-time workers, husband during the decree of his wife.
In addition to the main rest, workers under the law have the right to additional leave. According to Art. 116 of the Labor Code of the Russian Federation, it can be provided to the following categories of employees: those working in dangerous conditions, having a working day not in accordance with the norm, and other categories in accordance with the legislation and collective agreements of enterprises.
Some workers may use the right to leave longer than the average duration. This applies to workers under the age of 18 years (31 days), pedagogical workers (from 42 to 56 days), government employees (30 days), disabled people (at least 30 days).
The maximum duration of compulsory paid rest is not legally established and is determined by employers independently.
According to Art. 123 of the Labor Code of the Russian Federation, the employer may withdraw an employee from vacation, but with the consent of the latter . In this case, the employee’s refusal to start work cannot be regarded as a violation of labor discipline.
If the employee agreed to enter the service, interrupting the vacation, the unused part of the vacation days should be provided to him at any convenient time during the current year. It is possible that the unused part of the leave joins the leave in the next working year.
According to the law (Article 125 of the Labor Code of the Russian Federation), the right to leave can be realized in several stages, dividing the leave into parts. In this case, at least one part must be at least 14 calendar days.
Any vacation is granted after the signing of the order or instruction in the form of No. T-6, T-6a, in accordance with the annual vacation schedule (form No. T-7). From the moment of signing the schedule, it is mandatory for employees and employers.
The right to leave can also be exercised upon dismissal from an enterprise (Article 127 of the Labor Code of the Russian Federation). If the employer does not agree to give the employee leave before leaving, he must pay him compensation in cash.