Rest is very important for every working person. For this reason, labor legislation provides an opportunity for every citizen carrying out official activities in the organization to take another vacation. By law, the minimum length of a given rest period is twenty-eight calendar days. But certain categories of workers are granted annual, extended and paid leave.
the main thing
The right of every working person to leave is enshrined in the Constitution. In this case, the employee retains his place and position.
Nevertheless, many citizens are interested in the question of what will be the longest annual paid leave? How many days are provided for those workers who have been working in the organization for less than one year? So, according to the current law, the normal duration of annual leave cannot be less than twenty-eight calendar days. In turn, some categories of working citizens have the right to demand from the head of the organization the provision of extended leave (teachers, health workers, minors).
Highlights
Paid leave is granted to the employee annually. It should be noted right away that a citizen who has just found a job in an organization can ask his boss to send him on a temporary vacation only after six months have passed since the beginning of his continuous career. This rule is enshrined in the current law.
But can a new employee of the organization, who has not even worked for six months, ask the head of the institution for an annual, paid vacation? How many days is a citizen entitled to rest in this case? By law, this is possible only by agreement with the boss. If the latter does not object to the new employee going on vacation, the law allows the head of the institution to let the subordinate go for a certain period of rest. This is the order. Only the duration of rest in this case will be only fourteen calendar days (exactly half of the minimum amount - 28 days). Because the working period from the moment of employment has not yet been fully worked out by the employee.
Required
There are many nuances in labor law. But should the head of the organization without fail provide a temporary period of rest to certain categories of employees who have not worked in the institution for even six months? In some cases, the boss is required to do so. For example, the following employees have the right to annual, paid, labor leave:
- women awaiting the birth of a child (before maternity leave or immediately after going to work);
- minor citizens;
- adopted a baby under the age of three months;
- who are entitled to a rest period in accordance with the norms of federal laws.
In subsequent years of performance
When in this case, the employee will be able to count on the provision of annual paid leave? How many days does a citizen have to have legal rest? These are the issues that interest people who do not own all the intricacies of labor law.
It is no secret to anyone that each organization has its own vacation schedule, which must be approved by the head two weeks before the end of the year. Thus, each employee who has worked for several years in one institution has the right to demand that he be provided with legal rest, in accordance with the order in force at the enterprise.
Decor
A sample application for annual paid leave is in the personnel department of each organization. Nevertheless, the text requesting the provision of earned rest can be written independently, in any form. Below is a standard sample application for annual paid leave:
Director ______________ (company name)
______________________ (manager data)
from the employee _________________ (last name and initials)
position_________________
Statement
I ask you to provide me with another vacation in the amount of _________ days from ______ to ______ (date).
Date of application written ______
Signature of employee with decryption _____________
Then the written statement is transferred to the personnel department or personally to the head of the organization. If the boss approves the request of the employee and puts his signature on this document, an appropriate order will be issued on the subordinate leaving on vacation.
What is important to know
As mentioned earlier, the minimum duration of the next vacation can not be less than twenty-eight calendar days. In addition, holidays are not included in this employee’s rest period.
If the employee suffered any illness at this time, then his leave will be extended by the amount of time that he was on sick leave (confirmed by a certificate of incapacity for work).
For individual categories
What will be the longest paid annual leave in this case? How many days should employees have a rest if they belong to certain categories of employees? So, in this case we are talking about an extended, regular vacation, which is granted to subordinates on the basis of the provisions of existing regulations. The following employees are entitled to a long vacation:
- persons who are less than eighteen years old (laid 31 calendar days);
- disabled persons no less (30 calendar days);
- teachers of institutions of additional and preschool education, school teachers, university teachers (from 42 to fifty-six calendar days);
- employees of the police and other law enforcement agencies (the duration of the leave is established on the basis of federal laws).
Cash reward
Situations in life are different, and sometimes employees are in such a difficult, financial situation that they do not want to fully use the entire next vacation. Many citizens also prefer to replace earned rest with monetary compensation. But is it possible?
The TC standards contain information indicating that the replacement of annual paid leave with monetary compensation is allowed only if its duration is more than twenty eight calendar days. In a different situation, this is prohibited. Therefore, if the vacation is less than the specified number of calendar days, then there can be no replacement. Although in practice it happens in different ways.
In addition, the replacement of annual paid leave with monetary compensation (more precisely, part of it) is possible only if the subordinate himself wishes it. The employee must express his request in writing by submitting an application to the boss.
a brief description of
A working citizen should know that he is entitled to annual paid leave. The procedure for its provision is fixed in the TC.
As a rule, a person recently employed at a new place of work cannot go on vacation earlier than six months of continuous work. But there are also exceptions. For example, pregnant employees can submit a written application for leave without waiting for the expiration of the specified period. They have the right to do this before the decree or after going to work.
It is also worth noting that each institution has its own schedule, on the basis of which employees go on annual, paid leave. The order of its submission depends on the sequence prescribed in the document. As a rule, a personnel specialist is always interested in the staff at what time the latter would like to go on vacation.
Payment
Before going on an annual paid vacation, the payment of which directly depends on the average income of the employee, the manager is obligated to transfer funds (vacation pay) to the subordinate’s account within three days before the last earned vacation date. Otherwise, the citizen has the right to appeal to the competent authorities (prosecutor's office, labor inspection, court) with a complaint about the actions of the head.
Most often, employers do not particularly try to comply with the norms of the current Labor Code. The annual paid vacation is provided to employees not according to the schedule, but at a time convenient for the authorities. This happens because many business leaders use the legal illiteracy of their subordinates. The latter, in turn, try not to argue with their superiors so as not to create conflict situations and not lose their jobs.
In addition, many citizens working in state institutions sometimes complain that they receive money for leave only after it ends, which is also a gross violation of the Labor Code by the head.
Questions
During the labor activity at the enterprise, workers are faced with various official situations. Quite often, before going on vacation, citizens begin to wonder how much money they get during their earned vacation? This will curl from average earnings. As a rule, the employee’s pay slip contains all the information of interest to him on money transfers and deductions.
Many subordinates are also interested in the question of what should be the experience giving the right to annual paid leave? In this case, the answer is simple - at least six months of continuous, continuous work at the enterprise. In this case, only the time of official, official activity of the employee with the transfer of all insurance premiums is taken into account.
A comment
The procedure for providing regular leave to working citizens is prescribed in Art. 122 Labor Code of the Russian Federation. One cannot disagree with the comments here. After all, leave can be granted to a new employee only after he has worked at the enterprise for at least six months. Moreover, the official activity of the latter should be continuous.
But, according to a certain agreement with the boss, a new subordinate can go on another vacation earlier than six months later. For example, if a person worked well, was not late, handed in all the reports and other necessary documents on time, then the head of the enterprise can meet him and let him go on vacation. True, in practice this happens very rarely.
While pregnant women, employees under 18 years of age and subordinates who adopted a baby (whose age is less than three months) have the right to write an application for paid leave earlier than six months of work. The employer in this case cannot refuse and is obliged to provide a period of rest to the indicated citizens.
Employees who have been working at the company for several years are entitled to regular, annual paid leave in accordance with the schedule, which is available in the personnel department of each institution.
Upon dismissal
Compensation for leave that he did not use must be transferred to the employee. In some cases, subordinates who do not want to extend their career in this institution write an application for a period of rest with subsequent dismissal. The exception here is the termination of official relations with the employee who committed the guilty acts. Because in such a case, leave with further dismissal cannot be granted.
Forbidden
Paid leave to the employee is granted annually. Of course, if an employee wants to replace a part of the prescribed rest, which exceeds twenty-eight calendar days, with a monetary reward, then this is quite acceptable.
Nevertheless, the head of the enterprise cannot but provide leave to employees for more than two consecutive years. Because it is prohibited by law. In addition, it is not allowed to not provide the next vacation to subordinates under 18 years of age, as well as to persons performing official activities in harmful conditions.
At the same time
Currently, many people are forced to work not only in one, but even in several institutions in order to feed their family.
Nevertheless, not all citizens are aware that part-time workers are endowed with the same rights as the main employees. Consequently, they have the same right to the provision of regular leave. There is one caveat. For subordinates who work part-time, a temporary rest period should be provided simultaneously with annual leave to the main place of official activity. Otherwise, the head of the enterprise will violate the law.
If a person got a second job recently (up to six months), and at the main place of work he was given leave, then in such a situation the boss releases a part-time vacation (in advance).
Tax payment
It is made by the accountant of the enterprise with the amount of the employee's vacation pay. Here we are talking about transferring taxes to the state treasury from the cash income of an individual. The rate in this case is fixed and amounts to 13% of the accrued amount of payments. Thus, before the subordinate receives his vacation pay, they will be deducted from them the same tax as with regular salaries.
Additional holidays
Provided to certain categories of workers in accordance with applicable labor standards. These include:
- persons engaged in official activities in harmful working conditions (for example, working in the chemical workshop of a plant);
- employees who have established irregular working hours (the minimum number for them is three days of rest);
- workers working in the North or an equivalent area.
In addition, the leaders of some enterprises independently establish additional vacation days for their subordinates. This is recorded in the local acts of the organization. In this case, the financial position of the enterprise is important.
Practice
In some cases, employees whom the employer does not leave on vacation, but wants to replace their legal holidays with monetary compensation, are forced to seek help from the competent authorities. In such a situation, the prosecutor’s office after receiving such complaints is forced to check the fact of non-compliance by the head of the labor legislation.
In addition, there are also cases when workers are sent on vacation, but do not pay vacation pay or delay transfers for several months. After such a long wait, many citizens quit enterprises and even apply to the judiciary.
Nevertheless, the situation with compliance with the TC standards has not improved recently. For example, people who want to replace the extra period of rest with monetary compensation often get a refusal from the boss. The latter motivates his decision by the fact that the budget does not have the right amount of funds for such payments. Although by law, if the employee’s vacation is more than 28 calendar. days, he has the opportunity to replace this part of the rest with monetary compensation. This is often done by those citizens who have certain financial difficulties.
Total
Every officially employed person has the right to leave. After all, a certain period for rest is simply necessary in order to restore your health, strength and again begin to carry out official duties.