Providing employees with annual paid leave is the direct responsibility of any employer. In practice, it is not uncommon for employees themselves, for one reason or another, to refuse to exercise their legal right to rest. Can I give up my vacation?
Instructions
Step 1
Study the legislation. Article 115 of the Labor Code of the Russian Federation guarantees all workers a basic paid leave of 28 calendar days. Certain categories of workers are entitled to extended and additional holidays. For workers with harmful or dangerous working conditions, vacation is increased by seven days, working with irregular working hours - by three days.
Step 2
Read the wording of Art. 114 and 117 of the Labor Code of the Russian Federation. It states that employees are granted annual leave. You can evaluate this formulation as a right, not an obligation. In fact, the choice is this: either use the vacation, or replace part of it with monetary compensation.
Step 3
The leave can be used by you in the current working year. With your consent, for production needs, it is permissible to postpone the leave to the next year using it no later than 12 months after the end of the previous working year.
Step 4
According to Art. 126 of the Labor Code of the Russian Federation, only that part of the vacation that exceeds 28 calendar days is subject to monetary compensation.
Step 5
Thus, you must "take a walk" on vacation. This break in work is given to maintain health, restore the ability to work of the employee, and therefore ensure the level of labor productivity that the employer needs. In this context, vacation indirectly becomes an element of labor protection, and therefore, by its "target nature" - the duty of the employee.
Step 6
Art. 124 of the Labor Code of the Russian Federation has a direct ban on the failure to provide annual paid leave for two consecutive years. Your refusal to take leave (if the employer has correctly drawn up the vacation schedule according to the law), under certain conditions, on formal grounds, can be regarded as a disciplinary offense and violation of labor discipline.
Step 7
How to mitigate such rigidity in the right to refuse vacation? You are entitled to a mandatory vacation schedule and two weeks' notice of its start date. At your request and if there are valid reasons (for example, due to illness), the employer can postpone the vacation for another period.
