A high level of staff turnover, a large amount of work, lack of interchangeability of personnel - for these and other reasons, the employer may not let an employee who has been working at the enterprise for more than six months on vacation. It is known that the right to paid rest is enshrined in the Labor Code. Every employee who has worked for more than 6 months is entitled to a break. The order of vacation is determined according to the schedule.
Every year, the company forms a schedule according to which employees will go on vacation in the next calendar year. As a rule, the priority is established taking into account the wishes of the employee, and also in such a way that the normal work of the company is not disrupted.
Article 122 of the Labor Code of the Russian Federation explains that the employee receives the right to leave at the expense of the enterprise after six months of work without interruption. In addition, certain categories of citizens can go on vacation after having worked for less than six months (Article 123 of the Labor Code of the Russian Federation).
Responsibility for failure to provide leave
Of course, when a question arises about the right to rest, both the employer and the employee must strive to find a compromise solution, avoiding a conflict situation. If an employee works for more than six months and must go on vacation according to the schedule, then the employer is obliged to provide him with such a break so as not to violate the requirements of the law. An employee who believes that his rights have been violated can contact the trade union or the labor inspectorate.
Failure to grant leave can result in fines from the labor inspector in the amount of:
- 30,000 - 50,000 rubles. - For the company;
- 1,000 - 5,000 rubles. - for officials.
Paid leave after 6 months of work is provided with the retention of the position (place of work) and average earnings.
In addition, an employee who has been working for more than six months can receive leave on a written request, even if the schedule was formed before his official release to work. For example, the schedule was prepared on December 17 last year, and the employee was employed in January this year. Accordingly, after six months, the employee has the right to vacation.
It should be noted that a certain category of employees is entitled to additional leave.
It includes workers whose labor:
- associated with hazardous conditions,
- is of a special nature;
- irregular;
- other situations provided for by the Labor Code of the Russian Federation and the Federal Law.
A holiday labor dispute can arise in a situation where a company is experiencing a shortage of staff. This is explained by the fact that both planned and unforeseen absence of an employee can cause downtime or disruption in the work of the organization.
Problem getting vacation
Problems for employees in obtaining a legal paid break from work are inevitable if there is no interchangeability of employees in the company. So, if a specialist responsible for an important part of the production process goes on vacation, then during his absence, another employee will not be able to replace him and perform mandatory labor functions.
It is important to plan future vacations in advance, discussing this issue with the employer and HR department. Before going on vacation, it is important to ensure that a replacement is found in the company.
This approach will allow the employee to:
- demonstrate to the employer their diligence and reliability;
- enjoy your vacation without worrying that during his absence at work there will be disruptions;
- after the vacation, continue your work in the standard mode without overtime.
The employer must notify the upcoming vacation 14 days in advance. Thus, labor relations, namely the provision of leave, often become controversial if the departure of an employee negatively affects the activities of the organization.
In such a situation, the manager can ask the employee to postpone the rest for the next year, and the employee, at his discretion, can agree to the transfer or refuse it. If the vacation is postponed, then a postponement order is created, and the employee writes an application for making changes to the schedule.
It is worth noting that for a good reason, an employee can ask for unpaid leave after discussing the duration of such a break with the employer.
