Any citizen working officially in any company can count on annual vacations. At the same time, he must know when the leave is laid, what types of leave exist, and also under what conditions a refusal by the employer to apply for can be obtained. All rules for rest of employees are indicated in the Labor Code. The employer has the right to refuse to rest only if there are good reasons.
Types of Vacations
According to the TC, there are several types of holidays that differ in duration, appointment rules and other parameters. The main varieties include:
- Annual vacation. It is provided to every officially working citizen. You can count on it every year, and its minimum duration is 28 days. It can be broken into several parts or used completely. The rules for its provision are listed in Art. 114 shopping mall. When is a vacation set? The period when employees can rest is determined by the employer when scheduling. Specialists can indicate exactly when they prefer to relax. Such a document is signed by the director of the enterprise and agreed with the union. The employee retains his place and earnings.
- Extended annual vacation. It is prescribed only to people working in specific working conditions. This includes educators and medical professionals. How much leave should these specialists have? The duration of rest is determined depending on the characteristics of the work, for example, teachers can expect a rest period of 45 days. You can find out whether additional leave is required for a particular employee in the shopping center, and also often the enterprises themselves provide additional days of rest to their specialists.
- Unpaid leave. All employees can count on him if they have certain unforeseen family circumstances. For example, five days of rest are provided if a citizen marries or a close relative dies with him, as well as at the birth of a child. Moreover, there are certain categories of employees who may at any time require a longer period of rest without the possibility of receiving a waiver from the employer. These include combatants, senior citizens, military family members and people with disabilities. During such rest, the employee is not saved for his salary.
- Training. When is a study leave set? It is determined only by the educational institution in which the employee of the enterprise is trained. Its purpose is to pass the session or entrance exams. The employer does not have the right to refuse such leave or to transfer it. At the same time, a citizen retains earnings and a workplace.
- Maternity. Such leave is granted exclusively to pregnant workers. They can go on such a vacation at 30 weeks of gestation. They go to work when their children turn three. They are paid 40% of the salary, and they also retain a job. Additionally, they can count on continuing work experience.
Set vacation days must be used by employees. It is not allowed to replace them with monetary compensation, but the exception is the situation when a citizen leaves, and at the same time he has unused days of rest.
Rest time
Everyone should know how much vacation is required per year. Based on the TC, any officially employed specialist can count on 28 days of rest annually. This value is minimal, therefore, the number of days may increase, which is prescribed in the internal documentation of the company or in the collective agreement.
If rest days fall on all-Russian holidays, they increase by the number of days off. It is possible to extend the rest even in a situation if during this period a citizen becomes ill, and therefore draws up a sick leave.
Mandatory annual leave must be used by employees. If for various reasons it is not possible to take advantage of these days of rest, they are carried over to the next year, during which they must be used.
If, according to the results of the inspection of the labor inspection, it turns out that an employee has not gone on vacation for two years, then the employer will be held administratively liable. At the same time, no punitive measures are applied to the employee himself. For him, unused days of rest are carried forward to the following periods, and upon dismissal is compensated.
How is vacation measured?
What vacation is required for citizens? The TC indicates that its duration is measured in calendar days, and not in workers, so weekends are also included here. But holidays cannot be included, therefore, due to them, the period of rest increases.
It is allowed to use not all the rest, but to break it into several parts, but at least one part should consist of 14 days. If a situation arises when an employee calls a management to work to solve any important tasks, then a citizen can use the remaining days at any time.
If a specialist works simultaneously in two part-time companies, then he can count on the fact that in both organizations he will be granted leave at the same time. How much leave is required after employment? A citizen can count on rest only after official work for six months. The employer may provide vacation days in advance.
Who can count on an extended vacation?
When is a vacation lasting longer than 28 days? Only some categories of workers can count on such a vacation. These include:
- minor employees - 31 days;
- disabled people who have issued any disability group - 30 days;
- Specialists working in children's organizations - 42 days;
- employees of educational institutions - from 42 to 56 days;
- prosecutors or investigators - 30 days.
Additionally, the vacation can be extended if there are good reasons, for example, if the employee draws up a sick leave during the rest period or is engaged in the performance of state duties.
The rest period is increasing for citizens working in the Far North or working in dangerous conditions. If the company uses irregular working hours, then the rest is extended for three days.
How long do civil servants rest?
In 2016, changes were introduced in the shopping center, on the basis of which public servants can count on a longer rest period. The main such innovations include:
- if a specialist in an employee in high positions replaces, then his leave is 30 days;
- if the experience varies from 1 to 5 years, then 1 day is added;
- if the experience is in the range of 5 to 10 years, then the rest period is increased by 5 days;
- when working in one position from 10 to 15 years, 7 days are added;
- if the experience exceeds 15 years, then vacation increases by 10 days.
The employees of different organizations themselves can calculate how much vacation is set per year, for which their experience, place of work and other features are taken into account.
How many teachers rest?
Employees of various educational institutions can count on a long period of rest, so for them it varies from 42 to 56 days. The specific number of days of rest depends on the place of work of the specialist:
- 56 days are assigned to employees of educational institutions;
- 42 days laid down for social educators, educators or music teachers;
- if a specialist works as a senior educator, then the duration of his rest is determined on the basis of existing responsibilities;
- service staff rests as a standard 28 days.
Is a teacher entitled to leave in the first year of work? The decision is made by the direct employer, but if it is positive, then all days of vacation are provided in full, and full payment is assigned.
Is it possible to divide the vacation into parts?
The legislation provides for the possibility of dividing the entire rest period into parts. But at the same time, it is the employer who must ensure that the employee takes advantage of all vacation days for the year of work. If this cannot be done for any reason, then these days are transferred to the next year.
Vacation laid after six months of work in the company. At the same time, it can be divided into parts, but the following features are provided:
- if the employee does not want to rest immediately for 28 days, then he can divide this period into several parts;
- there is only one restriction in the law, which consists in the fact that at least one part of the rest must exceed 14 days;
- other days can be distributed evenly throughout the year;
- the employee must independently determine when exactly he will rest, and usually for this, a vacation schedule is compiled at the beginning of the year, during the formation of which the wishes of the employees are certainly taken into account.
The total number of days during which an employee rests must not exceed the period established by law or internal documentation of the company.
Holiday Schedule Rules
Many organizations schedule vacations at the beginning of each year. It indicates when the rest period for each specialist working in the company comes.
How much leave is required after the employment of a citizen? He is appointed after a person has worked in the organization for at least 6 months. In some situations, the employer may make concessions, therefore, provides the rest period in advance. After this, rest is scheduled annually.
The rules for scheduling holidays include:
- in the preparation of this document, each employee can indicate exactly when he prefers to relax;
- many specialists can arrange a rest period at any time, but there are restrictions in organizations working seasonally, for example, restrictions are set for school workers or other educational institutions;
- vacation time for each employee is fixed in the schedule;
- a week before the start of the new year, all employees are studying this document;
- an additional schedule is provided for familiarization with the union;
- when it is formed, the wishes of each employee are taken into account, as well as the opinion of the head of the enterprise, as he is interested in the company working without interruptions.
When preparing a document, a lot of attention is paid to the wishes of part-time workers, since their vacation should coincide with a vacation at another place of work.
How is it made out?
Vacation is granted only subject to certain rules by employees and employers. Therefore, the procedure for its design consists of the following steps:
- employees should be guided by the vacation schedule;
- Before going on leave, an application is prepared to specialists;
- on the basis of this document, an order is issued by management in form T-6;
- if several employees go on vacation at once, then an order is drawn up in form T-6a;
- the document contains data on the seniority, position and full name of the employee, which allows one to correctly calculate the duration of his rest;
- other types of orders are required if the vacation is postponed, a citizen is called from vacation, or this period is extended for various reasons;
- in case of early recall, it is required to obtain the consent of the employee himself, and if a specialist refuses to go to work, this cannot be the basis for disciplinary action against him, since the law does not provide for any punishment for refusal.
If the employer insists that the specialist during work rest go to work, threatening with dismissal, lower salaries, lowering or other negative consequences, this becomes the basis for writing a complaint to the labor inspectorate, prosecutor's office or court.
Can it be replaced by monetary compensation?
Before going on vacation, all vacation specialists receive, depending on the length of the vacation and the average salary of the specialist at work.
If an employee cannot or does not want to rest, then he still cannot receive a cash payment, so the days of rest are postponed to the next year. Is compensation for vacation leave laid off? If in the process of dismissal of an employee it turns out that there are unused days of rest, then they are compensated by a cash payment.
Conclusion
Vacation is granted to each specialist who officially works in any company. Its duration depends on the place of work and the position held. Along with going on vacation, a citizen receives vacation pay.
It is allowed in certain situations to postpone, extend or interrupt this period, but this should be formalized by the relevant orders of the management. Vacation can be replaced with monetary compensation only upon dismissal of an employee.