Russian labor legislation guarantees every citizen working under an employment contract a paid vacation of at least 28 calendar days. But in order to get it, the employee needs to fulfill a number of conditions. Some restrictions are imposed by your work experience at a new job.
When can you ask for vacation
According to the Labor Code - the Labor Code, which was in force until 2002, it was possible to take paid leave at a new workplace not earlier than after having worked for 11 months. Before this period, neither the vacation itself nor part of it was allowed to be granted. Article 122 of the Labor Code of the Russian Federation states that the right to leave during the first year of continuous work in a new place arises for an employee after 6 months.
But this does not mean at all that he is entitled to a full four-week vacation - in this case, he can only count on 2 paid weeks. In addition, the employee's right to vacation is not at all the reason for the employer to grant it unquestioningly. In the event that you do not belong to one of the categories of workers who have the right to go on vacation when they need it, you can get it in accordance with the vacation schedule.
In some cases, by agreement of the parties, the employer may grant you the requested leave earlier than the prescribed six-month period.
This schedule, the preparation of which is regulated by Article 123 of the Labor Code of the Russian Federation, is mandatory for both employees and the employer. It is drawn up at the end of the calendar year, but in the case when you started your labor activity after it was drawn up and approved, you must notify about your desire to go on vacation in advance so that the schedule can be adjusted.
In the event of dismissal, an employee who does not have an uninterrupted six-month experience in this enterprise is entitled to compensation for unused vacation. The employer has the right to refuse to grant him the leave.
Who is entitled to vacation immediately upon writing an application
When applying for a new job, even if half a year has not passed, some categories of workers can receive paid leave, which, for example, include:
- women during pregnancy before going on maternity leave, as well as those who are already on such leave and want to extend it at the expense of labor;
- minor employees who have not yet reached the age of 18;
- adoptive parents of a child who is not yet 3 months old;
- working pensioners with the title of "Veteran of Labor";
- other categories of employees who are entitled to leave out of turn in accordance with federal legislation.
