As a general rule, any employee should be granted leave every year. At the same time, for the first year of work, leave can be granted after six months in accordance with the approved vacation schedule in the organization.
The terms for granting leave to employees of any companies, individual entrepreneurs, government agencies are established by the Labor Code of the Russian Federation. The general rule is to send an employee to rest every year. In this case, not ordinary calendar years are taken into account, but workers, the beginning and end of which may differ for each employee, since it depends on the time of arrival in the organization. An exception to this rule is established for those employees who started working in the organization. The right to leave for such employees appears after a minimum of six months of work, which does not mean the employer's obligation to provide them with twenty-eight calendar days immediately, since the vacation still occurs in accordance with the schedule.
But upon the dismissal of an employee who has worked in the company for six months, the employer will be obliged to compensate him for all twenty-eight days of annual leave, since the right to it has already arisen.
What is the employer obliged to do when granting leave?
Labor legislation establishes a certain procedure for sending an employee on vacation. In particular, the company is obliged to notify the employee in writing two weeks before the start of the vacation. In this case, three days before the rest, the employee must be paid for future vacation. If the specified deadlines are violated, the employee may demand to postpone the vacation to another period, and the organization is obliged to satisfy this request.
Documented sending an employee on vacation must be formalized by order. It is with this document that the employee is most often introduced in order to fulfill the obligation to warn about the upcoming vacation.
What to do if the vacation deadline is violated?
Vacation for any employee is provided within the terms established by law, but the specific period of rest is determined by the vacation schedule. This document is mandatory not only for the employee, but also for the organization, so the employer has no right to violate it. If the schedule is not followed through the fault of the employer, then the employee has every right to contact the supervisory authorities. The employer can transfer the vacation to the next year only with the consent of the employee, and in the next working year, the missed vacation must be granted. Monetary compensation can only replace that part of it that exceeds twenty-eight days.
