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How to defend their right to vacation

How to defend their right to vacation

At year end, measures are being taken to form a vacation schedule in all organizations for the next calendar year. This requirement is determined by law and is mandatory for all employers.

Very often, workers are having difficultyon the selection of the month and the number of parts of its release, related to "voluntary-compulsory" determination on the part of the employer's vacation period.

Labor Code defines the rules of drawing up the schedule of holidays and the rules for granting leave on the basis of which it is always possible to negotiate with the employer and to avoid conflicts.

1. In accordance with Art. 123 of the Labor Code of the Russian Federation (hereinafter - the Labour Code), an indication to the Decree of the RF State Statistics Committee of 05.01.2004 number 1 "On approval of unified forms of the primary registration documentation on the account of labor and its payment," the sequence of paid leave each year is determined in accordance with the schedule of holidays approved the employer no later than two weeks prior to the calendar year. In drawing up the holiday schedule takes into account the provisions of the current legislation, the specific activities of the organization and staff requirements. Change the period of leave by the employer after the approval of the schedule of holidays is only possible in consultation with the employee.
2. You need to know that, in accordance with Part. 1, Art. 125 TC RF division of the holiday on possible only by agreement between the employee and the employer. Expression on the one hand is not enough to release was divided in two and / or more parts. In this case at least one part of release should not be less than 14 calendar days.
3. In practice, there are cases of withdrawal of workers from vacation. This procedure has its own characteristics. In particular, review the employee is only allowed with the consent of the holiday. Unused in this regard, part of the leave must be given for the choice of the employee in the convenient time for the current business year, or attached to the release of the next business year. In relation to workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) hazardous working conditions, a review of the vacation is not allowed (para. 2, 3, Art. 125 of the Labour Code).
4. The desire to move the holiday - a fairly common situation (Article 124 of the Labour Code.). However, note that this procedure is feasible only by agreement of the parties, irrespective of who originated the initiative to postpone the release from the employer or by the employee. If your employer offers you transfer your holidays on the next business year, it is possible only with your consent and in exceptional cases where the granting of leave to the employee in the current working year may adversely affect the normal course of work organization, individual entrepreneur. This leave must be used no later than 12 months after the end of the working year for which it is provided.
5. Are often cases of temporary disability of employees during the holidays. If this happens, leave may be extended by your choice or moved to another date. This extension is automatic if you do not notify the employer in writing of the desire to transfer the unused due to the illness of the holiday. In the case of transfer of holidays, its time will be determined by the employer, taking into account the wishes of the employee. One last tip. Always Notify the employer of temporary disability during the holidays. Respect leadership - this is the key to the account of your opinion not only in the sequence of the holiday, but also in many other situations.

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