The employee is already in a "suitcase" mood, tickets have been bought, but the vacation application has not yet been signed … The situation is unpleasant, but it is worth fighting for the right to rest. Moreover, in nine cases out of ten, the victory will be given not with such large losses.
To begin with, you need to understand the situation deeper
If the vacation was planned on time and reflected in the vacation schedule, the employee is definitely right. Not letting an employee go on vacation is allowed only with his consent, and only if in the last year he received and used his legal vacation to the fullest. Failure to provide leave for two consecutive years is a serious violation of the law, which is spelled out in Articles 123 and 124 of the Labor Code of the Russian Federation.
Of course, you shouldn't go straight to the management, waving the Labor Code. In a third of cases, the issue is resolved after talking with the boss. You can try to find a compromise that does not disrupt the plans of the vacationer or the plans of the employing organization. It happens that an employee's loyalty to the company and his consent to postpone vacation by a couple of weeks due to some unforeseen factors is an impetus for further career growth. And this is understandable, because management considers loyalty to the organization among the most important traits of applicants for a leadership position. If shifting the vacation for an employee means the collapse of all his plans, you can agree with the employer to perform urgent work during the vacation. For example, conclude a civil contract. Thus, the work will be completed on time, and the loyalty of the vacationer will be confirmed, and the payment under the contract will not be superfluous.
What to do if management refuses to meet halfway
Alas, it also happens that a conversation with the management does not give any results. Sometimes the employer not only does not give leave, but also does not explain the reasons for this decision. This is where you will have to wave about the regulatory documents. The right to leave is established by law, and its violation is punishable by a fine of up to 50,000 rubles from the organization and up to 5,000 rubles personally from the head who refuses to sign the vacation order. This is spelled out in article 5.27 of the Administrative Code. It is unlikely that the management will want to part with such amounts.
The next step, if direct references to the code have not yielded results, is to contact the state labor inspectorate with a complaint against the employer. It is possible to submit it, including with a request for non-disclosure of data, if the employee does not want the employer to find out about his initiative. The company will be checked, and then everyone who is required by law will go on vacation. The most radical way to resolve issues with an intractable employer is to simultaneously contact the labor inspectorate and the prosecutor's office. As a rule, after the first call to the prosecutor's office to clarify the circumstances of the case, employers surrender.
