At the end of the year, all organizations take measures to form a vacation schedule for the next calendar year. This requirement is determined by law and is mandatory for all employers. Very often, employees have difficulties regarding the choice of the month and the number of parts of their vacation associated with the "voluntary-compulsory" determination by the employer of the vacation period. The Labor Code of the Russian Federation defines the rules for scheduling vacations and the rules for granting vacations, based on which you can always agree with the employer and avoid conflicts.
1. In accordance with Art. 123 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), Instructions to the Resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and remuneration" the employer no later than two weeks before the onset of the calendar year. When drawing up a vacation schedule, the provisions of the current legislation, the specifics of the organization's activities and the wishes of employees are taken into account. Changing the vacation period at the initiative of the employer after the approval of the vacation schedule is possible only with the agreement of the employee.
2. You need to know that in accordance with Part 1 of Art. 125 of the Labor Code of the Russian Federation, the division of leave into parts is possible only by agreement between the employee and the employer. The will of one party is not enough for the vacation to be divided into 2 and / or more parts. In this case, at least one of the parts of the leave must be at least 14 calendar days.
3. In practice, there are cases of employee recall from vacation. This procedure has its own characteristics. In particular, the recall of an employee from vacation is allowed only with his consent. The unused part of the vacation must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. With regard to employees under the age of 18, pregnant women and employees engaged in work with harmful and (or) hazardous working conditions, recall from vacation is not allowed (parts 2, 3, article 125 of the Labor Code of the Russian Federation).
4. The desire to postpone vacation is a fairly common situation (Article 124 of the Labor Code of the Russian Federation). However, note for yourself that this procedure is feasible only by agreement of the parties, regardless of who the initiative to postpone the vacation comes from: from the employer or from the employee. If the employer offers you to postpone your vacation to the next working year, then this is possible only with your consent and in exceptional cases when the granting of vacation to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.
5. Cases of temporary incapacity for work of employees during vacation are not uncommon. If this happens, then the vacation can be extended or postponed at your choice. In this case, the extension occurs automatically if you did not notify the employer in writing about your desire to transfer the part of the vacation unused due to illness. If the vacation is postponed, its time will be determined by the employer, taking into account the wishes of the employee. And the last piece of advice. Be sure to notify the employer about cases of temporary disability during vacation. Respect the leadership - this is the key to taking your opinion into account, not only in matters of priority of granting holidays, but also in many other situations.
