Every officially employed person can count on annual paid leave. The need for its use is provided for by the provisions of the Labor Code. At the same time, citizens themselves must understand how long this vacation is, how it is paid properly, and how compensation is paid if vacation days are not used during the year for any reason.
Vacation concept
In Art. 37 of the Constitution of the Russian Federation and chapter 19 of the Labor Code provides for the possibility for each person to use paid rest days. They are not only in Russia, but also in other countries of the world. Information on the extent and conditions under which paid leave is granted should be prescribed in the provisions of the employment contract.
This is a continuous period of rest, which is guaranteed and is granted to each citizen working in the company in an official way. Its purpose is the restoration of strength and performance.
Although vacation information is present in the shopping center, there are often various disputes between employees and company management, since for any employer, leaving a specialist on vacation is unprofitable. The main provisions are indicated in chapter 19 of the Labor Code, therefore, if the points of this legislative act are violated, then any citizen can turn to the labor inspectorate for help.
Who can draw up?
Time is given to rest for any person officially employed by the company. Annual paid leave is assigned:
- To full-time employees. Based on Art. 115 TC, the duration of this period is 28 days. During this time, the average salary of a specialist is maintained. To arrange a vacation, a citizen must work for at least six months in a company.
- Citizens working in a part-time company. It is offered simultaneously with the days of rest that a person takes at the main place of work. It is allowed in a situation if a part-time person works less than six months, to issue paid leave to an employee in advance.
- To minors. It is allowed from the age of 14 to register minors for simple work. Due to age, they are offered preferential conditions. The duration of paid leave for adolescents is 31 days. In addition, citizens themselves choose when they can go on vacation.
- For disabled people. In accordance with their state of health, they have the opportunity to rely on certain exemptions and benefits. The duration of their rest is 30 days. Additionally, they can annually, on the basis of a written application, request another vacation, which is not paid by the employer. It can last up to 60 days.
- To the general director. He can expect longer vacations per year than other workers. This is due to stressful situations and stressful work. If he works on the basis of irregular working hours, then he can count on additional days of rest. Usually, information about such an opportunity is indicated in the employment contract.
Additionally, the duration of the vacation for citizens working in specific or harmful conditions is increasing. Based on the TC, there is a minimum duration of such a rest period, but each company can increase the rest days for its employees.
What guarantees are offered to employees?
Each employee who is on vacation can count on such guarantees:
- no need to go to work for a long time;
- the citizen retains his average earnings.
If a person has accumulated many days of vacation over several years, then he can go on vacation even if there is a ban on the part of the head of the company. During the rest, it is impossible to force a citizen to work if he does not agree with such a decision.
Submission Rules
Each company can develop its own schedules, but it is important to focus on the provisions of the law. Based on the Labor Code of the Russian Federation, paid leave is offered under the conditions:
- weekends are included in the number of vacation days;
- if holidays take place during this period, the number of days of rest increases;
- as a standard, employees of an enterprise can count on vacations after they have worked for at least 6 months in the company, although, by agreement of the parties, vacations can be offered in less time;
- at each enterprise can form a special schedule, on the basis of which citizens go on vacation;
- every employer 14 days before the rest should notify the employee about this and request a statement from him.
If there is no notification at the appointed time, then the specialist may not go on vacation on the basis of the schedule, therefore, then he independently chooses a convenient time for himself to rest comfortably from work.
How long is the rest?
The legislation clearly establishes the duration of such a period. The duration of annual paid leave may not be less than 28 days. For some workers working in specific and difficult conditions, it is envisaged to increase this period to 30, 31, 42, or 56 days.
It is allowed to change the provisions of the TC, but only in the direction of increasing this period. The legislation does not contain information on the maximum duration.
The main types of vacations
Holidays can be presented in several varieties. These include:
- Basic paid vacation. It should be offered to every employee annually. Minimum lasts for 28 days. It is allowed to rest not only all these days in a row, but also to divide the rest into several parts. But at the same time, at least one part should last at least two weeks.
- Additional. It is represented by several days of rest, which are added to the annual paid vacation. It is offered only to certain categories of workers who work in difficult and specific conditions. For example, it is provided in hazardous work or for citizens working in the Far North.
- Elongated. It offers a significant number of days of rest, which exceeds 28 days. For example, medical workers can rest for 36 days, and teachers at universities can count on 56 days. Some companies independently increase the period for their employees on various grounds.
Usually, all conditions on the basis of which employees can rest are negotiated before signing an employment contract. The nuances and rules for providing days of rest are prescribed in this agreement.
Employer Responsibility
The TC clearly indicates the need for leave. If the head of the company does not comply with these requirements, then he will be held administratively liable under Art. 5.27 of the Code of Administrative Offenses. Different penalties are assigned to him:
- if paid leave is not provided, the employer pays a fine of 5 thousand rubles when he acts as an official;
- legal entities pay a fine of 15 thousand rubles for such a violation.
In certain situations, only a warning can be applied to the employer if there are serious reasons for refusing to grant leave to a certain specialist working in the company.
The nuances of scheduling
Each company can independently create a special schedule. It contains information about when exactly a particular employee will be able to relax. To create this document, a special form T-7 is used. When compiling it, the following rules and requirements are taken into account:
- it is important to take into account the wishes of employees;
- takes into account the specifics of the whole company;
- trade unions often interfere in the preparation of this document;
- any employee must be notified of the rest 14 days before the appointed date.
Before going on vacation, the specialist must write a special application for paid leave. Additionally, the organization’s management issues an order. This period of time is paid three days before the appointed date. It is allowed to pay in advance, but not later. Information about the rest is certainly entered into the personal card of a particular employee.
How is experience calculated?
To go on vacation, a citizen must work for at least six months in a company. At the same time, the days are included in a continuous period:
- periods during which the specialist actually worked;
- weekends and holidays;
- unpaid leave, if its period does not exceed 14 days;
- days that the specialist could not work due to the fault of the employer, for example, a simple one or the need to undergo a medical commission.
Each manager can offer his employees the opportunity to go on vacation until the moment when they work in the company for six months. At any given time, teenagers, pregnant women, or people who have adopted a child whose age does not exceed three months can arrange basic paid leave.
Can it be divided into parts?
It is allowed to divide the vacation into several parts. But it is required that at least one period lasts at least 14 days. Additionally, the employee himself must agree to such a division.
All the nuances of the distribution of the period into parts during the preparation of the schedule are discussed.
Can I transfer?
It is allowed to reschedule the time when rest is provided to employees. This is required for pregnant women or adolescents. In addition, this applies to citizens who work in hazardous work or have not gone on vacation for more than two years.
The provision of paid leave outside the time indicated in the schedule is required for employees who have lost their ability to work or are involved in government activities.
The transfer is allowed by the employer if there is a certain threat to the optimal functioning of the enterprise in the absence of any specialist.
When can it be renewed?
In some situations, rest days should be extended. These include situations:
- holidays fall on holidays, on which additional days off are assigned for employees of various enterprises;
- during the vacation period the citizen draws up a sick leave certificate;
- during the rest, a person was involved in government activities;
- the employee did not use the weekend or holidays during which, at the request of the company's management, he performed labor duties.
Renewal is carried out on the basis of a correctly prepared application. The head of the company cannot react negatively to the employee’s demand to extend vacation days for objective reasons.
Could it be refused?
Employers do not have the right, on the basis of the Labor Code, not to grant leave to employees.
Management is allowed to refuse to postpone rest days if there is no good reason for this. Vacation is paid in accordance with the average citizen's earnings for 12 months of work. Compensation can only be replaced with additional days of rest, but 28 days a year a citizen must rest.
Therefore, the provision of annual paid leave is the responsibility of each employer. This fact is enshrined in law. If the management of the company violates the provisions of the Labor Code, then officials may be held accountable. Workers themselves must demand that their rights be respected and, if necessary, seek help from the labor inspectorate. It is important to understand the duration of this period, the rules for its provision, and the possibilities of division or transfer.