Home / Jurisprudence / Labor law / How to defend your right to leave

How to defend your right to leave


How to defend your right to leave</a>

At the end of the year, all organizations are taking measures to create a schedule of holidays for the next calendar year. This requirement is determined by law and mandatory for all employers.

Very often, workers have difficultiesRegarding the choice of the month and the number of parts of their vacation associated with the "voluntary-compulsory" determination by the employer of the leave period.

The RF Labor Code defines the rules for scheduling vacations and the rules for granting holidays, based on which you can always agree with the employer and avoid conflicts.

1. In accordance with Art. 123 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), Instructions to the Decree of the State Statistics Committee of the Russian Federation of 05.01.2004 No. 1 "On Approval of Unified Forms of Primary Accounting Documentation for the Accounting of Labor and its Payment," the priority of providing paid holidays is determined annually in accordance with the schedule of holidays approved Employer no later than two weeks before the calendar year. When drawing up the schedule of holidays, the provisions of the current legislation, the specifics of the organization's activities and the wishes of employees are taken into account. Change the period of leave on the initiative of the employer after the approval of the vacation schedule is possible only in agreement with the employee.
2. It is necessary to know that in accordance with Part 1 of Art. 125 of the Labor Code of the Russian Federation, the division of leave into parts is possible only by agreement between the employee and the employer. The will of one side is not enough for the vacation to be divided into 2 and / or more parts. At the same time, at least one part of the leave must be at least 14 calendar days.
3. In practice, there are cases of workers recalling leave. This procedure has its own peculiarities. In particular, the recall of an employee from leave is allowed only with his consent. Unused in this regard, part of the leave must be provided at the employee's choice at a time convenient for him during the current working year or attached to leave for the next working year. For employees under the age of 18, pregnant women and workers employed in work with harmful and (or) dangerous working conditions, withdrawal from leave is not allowed (Part 2, 3, Article 125 of the LC RF).
4. The desire to reschedule leave is quite a common situation (Article 124 of the Labor Code of the Russian Federation). However, note for yourself that this procedure is feasible only by agreement of the parties, regardless of who initiates the initiative to postpone the holiday: from the employer or from the employee. If the employer offers you to postpone your vacation for the next working year, then this is only possible with your consent and in exceptional cases, when giving leave to an employee in the current working year may adversely affect the normal course of work of the organization, the individual entrepreneur. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.
5. It is not uncommon for cases of temporary disability of employees during their holidays. If this happens, then the vacation may be extended or transferred to another term. In this case, the renewal is automatic unless you notify the employer in writing about the desire to transfer part of the leave unused in connection with the illness. In the case of the transfer of leave, his time will be determined by the employer, taking into account the wishes of the employee. And the last tip. Be sure to notify the employer about incidents of temporary incapacity for work during the holiday. Respect leadership - this is the key to taking into account your opinion, not only in terms of the priority of giving leave, but also in many other situations.

How to defend your right to leave Was last modified: June 21st, 2017 By Wewsyubt
It is main inner container footer text