According to the Constitution of the Russian Federation - Art. 37, para.5 - every citizen has the right to leave. Art. 114 of the Labor Code defines such a concept as an annual paid vacation in the following way: this is the time provided for rest for an employee with the preservation of his permanent place of work, his previous position, and earnings.
Art. 122 of the LC RF guarantees the right to paid leave for each employee regardless of the position held. It comes after six months from the moment of starting work in the organization. Today, by law the employee acquires the right to paid rest with each worked day, and not for a calendar year.
The annual leave is 28 days. It is calculated in accordance with the six-day working week, with holiday non-working days that fall out at that time in the number of days of rest are not included and, accordingly, are not paid.
According to law the basic paid holiday to the employee is given in accordance with the employment experience, which includes the time of work on the fact, as well astime when the employee could not actually work, but the workplace was saved after him. Such cases include: holiday non-working days and weekends, periods of business trips, disability, advanced training, time for passing medical examinations, training sessions and some others.
Starting from the moment when the employee has worked in the organization for six months, he has the right to receive another paid vacation at any time in accordance with the schedule for their provision. For the first year of work at the enterprise, leave can be provided in advance on the basis of a preliminary application of the employee. The category of priority applicants for it are women before the decree, employees who have not yet reached the age of 18, employees with adopted children in the family, part-time workers, the husband during the decree of his wife.
In addition to basic rest employees under the law are entitled to additional leave. According to Art. 116 of the Labor Code of the Russian Federation, it can be provided to the following categories of employees: employed in hazardous conditions, having a working day not according to the norm and other categories according to the legislation and collective agreements of enterprises.
Some workers may use the right tovacation exceeding the average in duration. This applies to workers under the age of 18 (31 days), teachers (42 to 56 days), civil servants (30 days), disabled persons (at least 30 days).
The maximum duration of compulsory paid vacation is not legally established and is determined by employers independently.
According to Art. 123 of the LC RF The employer may recall the employee from leave, but with the consent of the latter. In this case, the refusal of an employee to start work can not be regarded as a violation of the work discipline.
In case the employee agreed to enterservice, interrupting leave, an unused portion of vacation days should be provided to him at any convenient time throughout the current year. A variant is possible, when the unused portion of the leave is added to the leave in the next working year.
Under the law (Article 125 of the LC RF), the right to leave can be realized in several stages, dividing the vacation into parts. In this case, at least one part must be at least 14 calendar days.
Any leave is granted after signingorder or order in the form №Т-6, Т-6а, in accordance with the annual schedule of holidays (form №Т-7). Since signing the schedule, it is mandatory for employees and employers.
The right to leave can be realized even when you leave from the enterprise (Article 127 of the Labor Code of the Russian Federation). If the employer does not agree to give the employee leave before the dismissal, he must pay him compensation in cash.