Holidays for most working people are the most enjoyable time all year long. How to spend it, many begin to plan for another six months. But, despite the general pleasant feeling of expectation, even such a pleasant phenomenon as a vacation period raises some questions. How to count its duration? But what if the employer refuses to provide it? Can an employee refuse the leave provided by the manager? Who is guaranteed the right to rest? And what in this respect can be said about foreigners or those individuals who do not even have citizenship? How to count holidays on vacation? What documents are drawn up at the enterprise before sending a specific employee to rest? How to count holidays in May, as in the month that is characterized by the largest number of unscheduled holidays? What role does seniority play in determining vacation duration? How to calculate vacation compensation? How is a vacation order drawn up? When should appropriate graphics be generated? Be careful: the answers to all of the above and some other questions will be provided as detailed as possible in this article.
Right to vacation
Any employees who legally work in the territory of the Russian Federation are entitled to annual vacations (moreover, these are both citizens of the Russian Federation and foreigners). This applies to those who cooperate with organizations, institutions, enterprises, the form of ownership of which, however, does not play a role, as does the industry and type of professional activity. Likewise, this applies to those who work under a contract for an individual.
What exactly guarantees the right of workers to leave?
- The prohibition of the possibility of replacing the annual holiday with a specific compensation in cash. Exceptions are cases that are specified in current legislation.
- The guarantee of providing each employee with a period of rest, the duration of which is influenced by a number of factors. At the same time, his place of work and salary level will be preserved.
How to count unused vacation?
It happens that the employee does not use the intended rest. There can be many reasons for this. For example, how to count the leave when leaving? Many are very concerned about this issue, as employers often strive to neglect employee rights in this regard. It is important to know that if the employee so desires, he may be granted leave that he did not have time to use. What date will be the day of dismissal? Last day of vacation. It is then that all appropriate cash must be paid to the employee. Now you understand how to count the leave of absence. This is not difficult, if you understand some of the nuances.
How to calculate compensation for unused vacation? This depends on the employee’s rate, as well as on the total amount of money that would have to be paid if the rest time had been used in the previously prescribed manner.
But what if the employee did not have time to take leave, and the validity of the employment contract has expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its effect is artificially extended for the entire duration of the vacation.
If the employer refuses to provide its employees with the rest stipulated by law, this is a direct violation of the rights of company employees guaranteed by the state. For this, some responsibility is assumed.
There is no statute of limitations that invalidates unused holidays. If an employee has not been able to use his right to leave for several years, then if he wishes, he can do this once for all unused time. And in the case when such an employee decided to quit, the management of the company must pay appropriate compensation.
Determination of the duration of the holidays
How to count a vacation, i.e. determine its duration? Firstly, it is calculated in calendar days. At the same time, the work schedule of the organization itself is not taken into account.
And if the vacation falls on a holiday, how to count? Such non-working days are not taken into account in the total duration of the vacation - both annual and additional. However, the weekend does not apply. So, for example, many have a question about how to count vacation days in May. Indeed, this month is notable for the instability of the work schedule. So, if your vacation begins, for example, on April 30 and lasts 24 days, then you need to add as many days to the duration of the vacation in calendar days as your holidays allocated to your employees as a weekend. Thus, you will need to go to work on May 24, and 27. The calculations are extremely simple. Now you understand well how to count a vacation in May.
Remember that this calculation mechanism is universal. You can use it any month if your vacation falls on a public holiday. How to consider, we figured out above. If in doubt, you can check the information in your personnel department.
Types of Vacations
To understand how to take a vacation, it is important to understand what kind of vacation you are dealing with. So, for example, there are several types of annual vacations. Among them are the following:
- basic annual leave;
- additional vacation days for the specific nature of the work;
- additional rest for work in harmful and difficult conditions;
- other types of leave that were previously provided for by relevant regulatory legal acts.
Annual main vacation
Absolutely any employee who is registered with the enterprise is entitled to this type of vacation. How to count this type of vacation? According to the law, it cannot be less than twenty-four calendar days. However, for some groups of employees an annual vacation of much longer duration is provided.
Leave procedure
This item is also important in order to figure out how to count vacation days.
It should be noted that additional leave can be provided both with the main and separately from it within one working year. However, their total duration may not exceed 59 calendar days.
In order to get the right to leave at a new place of work, you must work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. Which groups of workers does this relate to?
- Disabled people.
- Minors.
- Those who work part-time.
- Women before or after maternity leave.
- Student staff during the session.
- Women who have at least two children under the age of fifteen or a disabled baby.
- Employees who were given a ticket for treatment in a sanatorium.
- Men whose wives are currently on maternity leave.
- Parents who are educators in family-type orphanages.
Holiday Schedules
As a rule, it is the company's management that is involved in the formation of the priority for employees to go on vacation. The process takes into account the personal requests of employees, production needs and existing opportunities for employees to relax. It is important to remember that schedules must be drawn up no later than the fifth of January of the year in question. This document can be compiled in any form, since a single statutory model does not exist.
The schedule will need to fix a specific vacation framework (specific dates, start month, and end month).
If both parties to the contract are satisfied with this situation, then leave can be planned in parts.
The specific period for the provision of annual leave within the time limits established by the employee is agreed between the employee and the employer, who is obliged to notify the employee in writing of the start date of the holiday no later than two weeks before the deadline established by the schedule.
Only the employer can provide leave or not. So, if the employee himself does not want to leave to rest, the boss can issue an order to grant leave without his desire. The employee will have to obey, because failure to comply with management orders entails disciplinary action.
However, there are some categories of workers who are granted the right to go on vacation at a time convenient for these employees. These include, but are not limited to:
- minors;
- women before or after maternity leave;
- disabled people;
- military wives;
- parents who are educators in family-type orphanages;
- labor veterans;
- war veterans;
- women who are mothers of two or more children under the age of 15;
- workers who have special labor services to the state;
- women raising a disabled child;
- employees who have special merits to the state;
- a parent who brings up children alone;
- in all other cases provided for by current legislation.
Vacation Order
Any type of vacation should be officially issued using a special order, which is drawn up in a special form established by law.
This document is provided to superiors in two separate copies. One of them is provided to the personnel department, and the other is given to accounting. It must be signed by both the direct supervisor of a specific employee and the manager of the entire enterprise as a whole.
The order must indicate for which working year the vacation is taken and how long it is planned.
Calculation of experience
How to count the vacation is also influenced by the length of service the employee has. So, it is important that at least a year passes from the moment the labor contract is concluded.
So, what is enrolled in the experience?
- Firstly, the time it takes for an employee to fulfill his direct production responsibilities (that is, actual labor). It is taken into account even in part-time conditions.
- Secondly, the period when the employee did not actually work, but the position was retained in accordance with the basic requirements of the law.
- But what about childcare leave? Is he included in the experience? Not. This period is an exception.
- The time when an employee was trained at a university in a separation from production.
- Some other situations that were provided for by law.
- Working hours in hazardous or unhealthy conditions.
- Holidays for work in special, difficult or dangerous conditions.
- The working hours of women in a position who, according to medical indicators, have been transferred to easier work.
Vacation Transfer
The annual vacation of an employee can be transferred to another period, both at the request of this employee, and in connection with the production need.
So, the employee himself can demand this in the following cases:
- if the employer has notified the employee too late about when he will be granted leave;
- if the manager did not timely pay the employee a monetary reward that he should receive for the period of his vacation (at least three days before his start);
- if the employee has become disabled;
- if the time has come for a vacation in connection with the onset of pregnancy or directly childbirth;
- if the employee performs certain important social or state duties;
- if leave for training events and annual leave coincided in time.
Division of vacation into parts
Such a procedure must be carried out subject to the desire of the employee. However, one of its integral parts must last at least two weeks (counting calendar days). It is not required that she necessarily be the first. However, dividing the leave into parts is only an opportunity, not an obligation of the employer. Sometimes production circumstances do not allow you to do this in the way that the employee wants. In this case, the employer may not agree to the conditions offered by the employee.
But what about vacation days if an employee is called to work during this period? Such situations are not uncommon; we will talk about them later.
Recall of work during the holidays
What if management requires an employee to go to work during their vacation? How to consider vacation in this case?
The legislation provides for such an opportunity, however, and establishes a number of conditions that must be observed without fail. For example, the following:
- Absolute consent of the employee called;
- the part of the vacation, which was not interrupted, should be at least fourteen days;
- that part of vacation time that has not been used must be provided at any other time of the year or immediately after all the reasons for his presence at work during the vacation have been eliminated; this should be agreed with the employee and fully suit him.
So, for what reasons can an employee be called to continue to fulfill his duties at the enterprise during the holidays? Among them are the following:
- in order to prevent equipment downtime, accidents, damage to property or loss of life;
- in order to prevent the onset of the consequences of a natural disaster, as well as to prevent or eliminate the consequences of any industrial accident.
Conclusion
This article was intended to help you figure out how to properly count your vacation. Now, it seems, it has become obvious that this is absolutely uncomplicated. The main thing is to remember exactly what nuances should be taken into account. Among them, for example, the following can be distinguished:
- the total duration of the main annual leave (which is affected by the total length of service, special personal circumstances, length of work in a particular enterprise);
- the availability of holidays during the period of planned rest (especially relevant for those who go on vacation in late December - early January, as well as in May);
- unused vacation of previous years (can be summed up and used later at the same time or in parts).
Today we found out that the minimum guaranteed by law legislation should be at least twenty-four calendar days. At the same time, the duration of rest increases if any national holidays fall during this period. Some groups of employees are also entitled to extra vacation time. These, for example, include those who work in dangerous, harmful or extremely difficult conditions.
It is also important to remember that vacation can be divided into parts. As a rule, two. Most of them should not be less than fourteen calendar days. However, this situation becomes possible only if both parties (both the employee and the employer) agree and find a compromise, since in this case not only the wishes of the employee should be taken into account, but also production capabilities and needs (if there is no one to replace the employee , and he must fulfill his direct duties in the period that he has chosen for his vacation, the employer has the right to transfer it).
So, in this article we discussed all the issues that the vacation period caused: “how to count”, “who should get the annual vacation”, “what to do if the employer refuses to give the employee time to rest”.
Respect yourself and protect your rights. For this it is extremely important to know well what exactly you have the right to and what obligations the employer has towards you. This will help to avoid unlawful treatment of you as an employee. However, for its part, also observe all relevant norms of the law contained in regulatory legal acts.
And let your annual vacation bring you and your loved ones only the most positive emotions!