Issues related to vacations for employees of organizations are governed by the provisions of the Labor Code of the Russian Federation. It often happens that the employee and the employer interpret them each in their own way, not being ready to come to a common opinion that would not violate both the norms of the law and the well-coordinated work of the team.
Who is right, who is wrong
Article 122 of the Labor Code of the Russian Federation establishes the employee's right to annual paid leave after six months of work in a new place. At the same time, the duties of the authorities include providing him with a well-deserved rest no later than after the expiration of the eleven months worked, in other words, for a full working year.
It is not easy for a legally inexperienced person to understand these issues, therefore employees and their management are not immune from typical mistakes and delusions. Instructions on actions in controversial labor situations on the provision of vacations in the legislation sound ambiguous. A worthy way out is to appeal to its interpretation.
To be vacation or not to be, that is the question
The employee's right to leave does not imply the employer's obligation to give him what he wants on demand after six months of work. The law only means that the six-month period gives the employee a reason to get a vacation. This does not mean that it will be provided immediately after the aforementioned time. There are concepts such as vacation schedules, in accordance with which the labor process is built, as well as production necessity, which does not always allow several workers to go on vacation at once.
Legally, the employer should not prevent a subordinate from taking leave of leave for a full year. If we talk about earlier terms, then they remain at his discretion and do not depend on the wishes of the employee. At the same time, when the parties managed to come to a mutually beneficial agreement, the vacation can take place not only after six months of work, but even earlier. It should be borne in mind that whenever the vacation is received, the employee has the right to take it off completely, all 28 calendar days or another amount regulated by legal norms.
The Labor Code contains an exhaustive list of reasons obliging the employer to meet the subordinate halfway, regardless of the period of cooperation. “For women - before or immediately after maternity leave; employees under the age of eighteen; employees who adopt a child under the age of three months; in other cases stipulated by federal laws."
What, as a rule, are the bosses afraid of, not wanting to give the employee a quick break? Everything often comes down to the money issue, because if the employee does not finish the year until the end, the company will suffer losses due to the vacation pay paid in advance. Such a fear is unfounded, because in this case, excess payments are collected from wages during the final settlement.
