A vacation is considered to be temporary dismissal from work for a certain period of time with the preservation of this place. The main types of vacations are provided for by the main legislative act in the field of labor relations - the Labor Code of the Russian Federation. According to this code of laws, every person employed has the right to annual paid leave, some categories of workers (minors, young mothers, people with disabilities, participants in wars) have an additional benefit in the field of employment and recreation.
In accordance with article 122 of the Labor Code of the Russian Federation, the first leave can be granted to an employee six months after the start of his work with a specific employer. However, in real life, things can be very different. For example, often the manager refuses to provide his employee with rest on time. There can be many reasons for this: the “indispensability” of the employee at the workplace, lack of staff, unwillingness to pay vacation pay, etc. The refusal to grant the employee leave to the employee on the part of the manager is considered illegal and can be appealed in court. As practice shows, such litigation is very rare.
A vacation to an employee who has worked in a certain place for less than six months can be made if he is a minor or the adoptive parent of a child under three years of age. Rest must be granted to a woman who is in the early stages of pregnancy, regardless of how long she worked for a particular employer.
Types of holidays (paid):
- Annual main vacation. Its duration is 28 days, including weekends. Extended annual leave (28 days or more) can be granted to the following categories of persons: minors, people with disabilities, prosecutors, courts, colleges, universities, school workers, additional educational institutions, municipal and civil servants, candidates of sciences and rescuers. This list may be expanded.
- The annual additional leave is intended for persons working in extreme conditions (for example, in the northern regions), in hazardous or hazardous work, as well as for employees with irregular working hours.
- Study leave is granted to the employee on the basis of presenting a certificate from the relevant institution. The duration of the vacation and its payment in this case depends on the form and course of study.
- The employer provides maternity leave to a woman after presenting her sick leave from the antenatal clinic issued at 30 weeks of gestation. The duration of her rest in this case is 70 days before and after the birth of the child. In the case of a difficult birth, this period can be increased up to 86 days, at the birth of twins - up to 110.
- A leave to care for a child can be provided at the personal request of the woman, her main income in this case will consist of the allowance for state social insurance. A woman who is on leave to care for the baby (until he reaches, as a rule, three years), retains his job and position.
Types of vacations (unpaid):
- Leave without pay may be received by the employee at any time according to the application written by him. In this case, the employer, as a rule, assesses the need to provide rest and has the right to refuse it. Usually unpaid leave may be required in case of death or illness of relatives, problems with housing, etc. Its provision cannot be denied to working pensioners, participants in the Second World War, persons with disabilities, persons entering into marriage, etc.
All main types of holidays are established by the legislation of the Russian Federation, violation of which by both the employer and the employee can be appealed in court.