Summer is fast and inexorably approaching - it's time for summer vacations and vacations. We all know that he has the right once a year to go on vacation paid by the employer, but this is all the information is exhausted. Can we independently choose the time for rest, how this period is paid, and what categories of workers have the right to rest, regardless of the time of year? These are questions you need to know the answers to.
Who has the right to rest
According to Part 1 of Art. 21 of the Labor Code of the Russian Federation, employees of an organization working under a labor agreement have the right to annual leave (paid) . These include permanent workers, part-time workers (working in accordance with part 2 of article 287 of the Labor Code), as well as employees hired on part-time basis under part 3 of article 93. Also, vacation is granted to an employee who is hired for temporary or seasonal work for a period of up to two months (Articles 291, 295 of the Labor Code).
Paid annual leave of an employee working in an organization under a civil law contract is not provided.
“Vacation” rights and obligations
The employee’s vacation should be arranged in such a way that the position and place of work are not lost, and the average earnings are maintained. The head of the organization in accordance with Part 4 of Art. 124 of the Russian Labor Code does not have the right to refuse to provide employees with legal paid leave for more than two consecutive years, as in this case they may be fined up to 50,000 rubles.
The duration of the annual vacation may be different, regulated by labor law. There are several options, including one that provides a minimum duration of 28 calendar days.
Extended employee leave is provided for certain categories of employees: for those who work in educational institutions (from 42 to 56 days), for minor employees (31 days), for scientific workers with an academic degree (from 38 to 46 calendar days). It is worth paying attention to the fact that days off are included in the number of vacation days, but non-working days (holidays) are not included.
Rest of employees occurs in accordance with the labor legislation of the Russian Federation, which regulates the right to leave of certain categories. The employee acquires the right to leave for the first time after six months of work in one organization. Important: upon dismissal, the employer is obliged to compensate the former employee for the unrealized right to rest, if he worked for at least 15 days.
Some categories of employees are entitled to the so-called vacation privileges, that is, to early rest, coming before the expiration of six months. Such leave is granted to minors, women before and after maternity leave . Early leave is also granted to employees (employees) who have adopted one or more young children.
When can I relax
The employee can leave at any time he chooses. This norm of labor legislation must be taken into account when drawing up the annual vacation schedule. In addition, some categories of employees have the right to independently determine the time of departure on paid leave. These include women before the decree or immediately after it, employees who are under the age of 18, and workers who have recently taken up a child.
The established schedule should take into account the holidays of all company employees, without exception, indicating those persons who have the right to rest at any time convenient for them. After that, an employee who is going to rest can write a statement and realize the right given to him by the Labor Code.