If leave is not given, then the employee should negotiate with the employer, remind him of his rights, responsibility for their violation. If this method does not work, then you need to contact the supervisory authorities with a complaint.
Any employee has the right to grant annual leave, which is established by article 114 of the Labor Code of the Russian Federation. Some managers violate this rule by refusing to send workers on vacation even if there is a set period in the corresponding schedule. Such behavior is a gross violation of constitutional and labor rights, however, you should not immediately contact the supervisory, law enforcement agencies, since often the problem can be eliminated through negotiations with the employer. As a rule, the manager also has objective reasons for refusing to grant annual leave, but he does not count on an employee who is aware of his own rights.
How to properly use your vacation entitlement
It is important for every employee to know that in the first year of work, any employer has the right to take full annual leave after six months of work, and thereafter - every year. Specific periods are established in the vacation schedule, and the specified document is mandatory for the employee, employer. This rule is contained in article 123 of the Labor Code of the Russian Federation. If the employer refuses to fulfill the specified obligation properly, does not respond to the employee's requests, then it is necessary in the negotiations to mention the possibility of bringing him to administrative responsibility, after which leave will still have to be granted. In particular, an organization can be punished in accordance with article 5.27 of the Code of Administrative Offenses of the Russian Federation (a fine of 30-50 thousand rubles).
What to do in the absence of a manager's reaction
If the employer does not agree to grant legal leave after negotiations, then a complaint should be made to the supervisory authorities. The labor inspectorate and the prosecutor's office act as such bodies. At the same time, the appeal of a specific employee may entail a negative reaction from the employer later. That is why measures should be taken to exclude negative consequences for the applicant. Anonymous complaints are not accepted by these authorities, but the employee may ask not to be identified. After filing a complaint, an audit of the company will be carried out, the violations found in compliance with the vacation schedule will be eliminated, and the employer will be held liable under the law.
