The right to vacation is regular for all working citizens of the Russian Federation in accordance with the state Constitution. The main provisions on the provision of compulsory leave are regulated by articles 114-128 of the Labor Code of the Russian Federation. Art. 122 guarantees the right to a paid vacation to any employee, regardless of their position, with the preservation of the workplace and the average wage. The next vacation should be granted to employees annually.
Recently, Russia has acceded to the international convention on paid holidays. In this regard, there have been some changes in the labor legislation of the country. The corresponding law was published in Rossiyskaya Gazeta. Many points of the new law have already been reflected in the Labor Code of the Russian Federation. The provision of the next vacation will now occur with some changes.
Release the next change
The main point that brought novelty to the next vacation for the Russian worker is the provision on limiting the period of use of the vacation . Under Russian law, the minimum duration of a main vacation is 28 calendar days. The Convention provides that rest can be divided into several parts, one of which must be at least 14 days. This provision is optimal for employers and employees. Previously, workers could accumulate vacation days, and then fall out of the work process for a long time. Now, "walk" the time allotted for rest, you need for a year and a half. That is, before the end of 2011, you must use at least a mandatory two-week vacation, and dispose of the remainder until mid-2012 (no later than 18 months from the date of its provision).
It was the provisions on the compulsory nature of leave that became the most discussed issue. From now on, the employer will have to ensure that employees use their holidays on time. Naturally, the employer will not expose the employee by force from the workplace, however, he will not be obliged to pay for the unnecessary initiative of the dull employee. Therefore, you need to be careful in this matter and monitor your working time, correlating with opportunities for recreation, on your own. According to lawyers, the main plus of this situation is that the law will now be able to protect workers from their own workaholism and provide them with the right to rest.
The next change, which affects the release of workers on another vacation, was that in order to get a vacation at a new place of work, it is necessary to work at least six months without a break. After this period, the employee has the right to rest, which will be calculated in accordance with the length of service, on the basis of the provisions defined by law.
Moreover, upon reaching written consent with the management of the enterprise, the employee can receive a period of rest ahead of time in six months, so to speak, “in advance”.
However, do not forget that there are cases when the next vacation can be postponed at the initiative of the company. In this case, it must also be agreed in writing with the employee.
Compulsory leave is still 28 days.
The Convention does not cancel compensation for unused vacation next. Therefore, you can not be afraid that vacation pay may “burn out” along with unspent rest days. This provision of the Labor Code of the Russian Federation does not contradict the provisions of the Convention and does not contradict it.
The global advantage for Russia regarding accession to the Convention is that it contributes to the country's integration into the European Community. What is noteworthy - after the signing of the Convention by Russia, its citizens received the right to address questions to the International Labor Organization . Since the practice of recent years shows that Russians are becoming more and more legally literate, this opportunity was very helpful.