As summer approaches, everyone wants to relax. Advertising of travel agencies attracts travel enthusiasts, and someone is eager for their old people in the village. The first obstacle to the fulfillment of desires is to get a leave of work .
However, this may not always be an easily resolved problem. Much depends on the employer. If he doesn’t want, he won’t let him go. What to do? Refuse family vacations, promise children that the trip is postponed? Or, perhaps, gain determination and talk with the leader. Still, you need to be able to defend your rights. For this, it is important to know what we have by law.
Who is eligible for vacation?
The annual paid leave for the first year of work is available to all employees. There is only one condition - you need to work continuously at a given enterprise (organization) for six or more months. However, earlier than this period (that is, before the expiration of 6 months), women who have a maternity leave will have the right to rest. The same category includes minors and those who have adopted a child up to three months. For subsequent years of work, leave is given in order of priority at any time of the year.
Who is first?
The priority of leave granted to employees is established in accordance with the approved vacation schedule agreed by the head with the trade union organization. An employee has the right to learn about the beginning of his vacation no later than two weeks later. The Labor Code of the Russian Federation annually annulled leave guarantees the husband during the period when his wife is on maternity leave.
If an employee has had cases when he was unable to exercise the right granted to him, for example, due to temporary disability or the fulfillment of state tasks, labor leave can be extended or rescheduled. The wishes of the employee in this case are taken into account.
So, the tickets are bought, the suitcases are collected. And suddenly a call from work. Does the employer have the right to withdraw its employee? Only with the consent of the employee. If you can assign some part of the vacation to the employer, the rest should be at least 14 calendar days. Unused vacation days must be provided at any time at the option of the employee. Revocation of work is not possible for expectant mothers, underage workers or workers in harmful (dangerous) working conditions.
The legislation of the Russian Federation protects the right to leave only when an employment contract has been drawn up. If the employee agreed to work without applying for this important document when applying for a job , he cannot apply for annual paid leave.
Does a fixed-term employment contract provide for leave in accordance with the law? Yes, regardless of the term of the contract, the employee can use his vacation.
What to do if you have a very interesting trip and do not want to postpone your vacation at all. In this case, by agreement with the employer, you can take a vacation without saving wages. However, this is only possible if your manager considers the reason for the vacation valid.
The regulatory acts mention only a few reasons that can become valid: for family reasons, due to the health of a close relative (and serious condition), any disasters or misfortunes that have befallen an employee or members of his family, circumstances related to children's summer vacations. The same list includes seeing off for military service and university exams. This list is only a recommendation, and the employer has the right to decide whether your reason for vacation without pay is valid.