Each specialist of the company is entitled to a vacation. The employer has the right not to let the employee go on vacation if the employment relationship with him is terminated immediately after the vacation. The law provides for a situation when rest may not be provided. This requires a good reason, which is usually a production necessity.
Necessary
- - order form;
- - form of a memo;
- - Labor Code of the Russian Federation;
- - Code of Administrative Offenses of the Russian Federation;
- - vacation schedule.
Instructions
Step 1
Upon termination of employment, the employee has the right to take the rest of the vacation days before the date of termination of the contract. But this must be agreed with the employer. If the head of the department where the specialist performs the labor function does not want to provide rest, then he pays compensation for the unused vacation days. For this, a calculation note is drawn up, in which the employee indicates the number of remaining days of the due rest, and the accountant calculates the amount of money to be paid. It is determined on the basis of calculating the average earnings for the period of work of an employee at a given enterprise.
Step 2
If the employee is entitled to vacation in accordance with the schedule, the employer has no right to refuse to rest the specialist. This is regulated by the Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. According to these acts, the organization may be subject to fines of up to 50,000 rubles, or the company's activities may be suspended for up to 90 days. Administrative responsibility occurs if the employee went to court and won the case. Then the company will be obliged by order to pay money or stop working, which is quite detrimental to the financial activities of the organization.
Step 3
You have the right not to let an employee go on vacation in the event that circumstances arise in connection with which the departure of an employee may affect the normal operation of the company. In such a situation, make an order. Reschedule the employee's rest time to another period. Indicate the name of the company in the "header" of the document. Write the transfer of vacation as the subject of the order. In the grounds, write down the production need, as well as the memo of the head of the service where the employee is registered. The note indicates the reason for the postponement of the rest, write it in the order. Write down the period when you plan to grant vacation to the employee. Certify the order with the director's signature. Familiarize yourself with the order of the specialist. Moreover, in addition to the signature, the employee should write the phrase: "I agree with the postponement of the vacation."
