When concluding a fixed-term employment contract, the employee must be provided with annual paid leave on a general basis. Certain features of calculating the duration of vacation are established only for those employees who conclude an agreement for up to two months, as well as for seasonal work.
Labor legislation does not allow the employer to enter into fixed-term agreements with employees in order to evade the provision of guarantees and compensations to personnel, which apply to persons who have entered into open-ended agreements. That is why Article 114 of the Labor Code of the Russian Federation, which proclaims the right of all employees to use paid leave, also applies to the parties to a fixed-term employment contract. Leave for such workers is required to be provided on a general basis. Some features of calculating the duration of the period of the specified leave are established exclusively for those employees who work under agreements valid for less than two months for personnel performing seasonal work.
Features of calculating the vacation of some employees
Employees who have signed a fixed-term employment contract for a period of less than two months can expect to receive two days of paid leave for each month worked. A similar rule is established for workers who are employed in seasonal work. At the same time, employees with employment contracts of up to two months can use the indicated vacation or receive material compensation for it at the end of the period of the agreement. For all other persons who have concluded longer fixed-term employment contracts, the general procedure for calculating and granting paid leave applies.
Features of the use of leave upon dismissal
In accordance with the content of article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid a mandatory monetary compensation for unused vacations. At the same time, at the request of the employee, these holidays are provided to him with further dismissal. This rule also applies to employees who have signed a fixed-term employment contract. If they wish to use their vacation upon termination of the agreement due to the expiration of the term, then the vacation can also be granted to them, and the day of the end of the contract period will be the last day of the vacation, despite the conditions set forth in this agreement. Thus, there are no prohibitions, restrictions, additional requirements when using the right to paid leave by employees who have entered into fixed-term contracts. If the employer evades the granting of leave or payment of compensation, then it is necessary to apply to the supervisory authorities, to the court.
