Provision of leave is provided in the RussianThe Labor Code. The employee has the right to rest once during the working year. And this year, like the calendar year, lasts twelve months, but it is not calculated from the first of January, but from the date when a person went to work.
In addition, the provision of leave is possibleOnly if the employee has a certain length of service. It happens that some time periods do not enter into it. In this case, the working year ends later precisely on the number of days that did not enter into the total length of service.
Leave is granted under different conditions. They depend on whether for the first year he relies or for the subsequent ones.
If the subordinate has worked continuously in one organization for six months, then on the seventh he can get a vacation on a completely legal basis.
The law speaks of the length of service without interruption. And this means giving leave for the time worked out by one employer. Therefore, paying with the subordinate, he must pay him for all unused rest days compensation. Alternatively, as an option, the employer can ensure the provision of leave with subsequent dismissal.
Sometimes paid rest can be given up toexpiration of a six-month period, that is, in advance. These cases are determined by law. So, the application for leave before the expiration of six months of work must be signed:
- employees who have not reached the age of eighteen;
- women who wish to take it additionally immediately after the holiday, which is given for the period of pregnancy and childbirth, or before it;
- workers who have adopted infants (up to three months).
It does not matter how long he worked for thisemployer subordinate. In this case, the law is not violated. For example, a teenager has the right to demand that he receive an annual leave and full payment after one or two months of work.
Federal Law or the Labor Codeprovide for other cases of permission to rest until the expiration of the prescribed six months. For example, when a wife is on leave due to pregnancy and childbirth, the husband can also take it if he wishes. For example, veterans of the war have the same opportunity.
For the remaining years of work, starting with the second, leave can be taken at any time. It is important only to observe the order of priority set by the particular employer.
And in the first year of work, and then in allThe subsequent leave must be complete. The exception is the request of the employee himself to allow him to take only part of the time allotted for rest.
The schedule of holidays established in the organization,determines the order of their provision. Every year it is drafted by the employer anew. At the same time, he is obliged to take into account the wishes of the trade union in the same way as when accepting normative acts. The approval of the schedule should take place at most two weeks before the next calendar year begins.
Provision of leave must not violateThe usual rhythm of the work of the organization. The schedule can begin not earlier than from the first day of the year of work for which it is provided. This is the most important condition. Also, the wishes of the employees themselves, and the specifics of the process in production, must be taken into account. The subordinate has the right to ask the trade union and the head to change the time of vacation, if it does not suit him. The employer can also take the initiative in changing the time for the employee to leave on leave, but, of course, with his consent.
The laws provide forcertain categories of persons of the prescribed paid rest at the time most convenient for them. Now in the country this privilege is enjoyed by a large number of its citizens.