The leave of an employee is his legal right

Quickly and inexorably approaching summer is the time of summer vacations and vacations. We all know that we have the right once a year to go on vacation paid by the employer, but that's all the information is exhausted. Can we independently choose the time for rest, how is this period paid for, and what categories of employees have the right to rest regardless of the time of the year? These are questions you need answers to.

Who has the right to relax

According to Part 1 of Art. 21 of the Labor Code of the Russian Federation, the employees of the organization who work under the concluded employment contract have the right to annual leave (paid) . These include permanent workers, part-time employees (working in accordance with part 2 of Article 287 of the Labor Code), as well as employees who are employed on part-time work under Part 3 of Art. 93. There is also a leave to the employee, accepted for temporary or seasonal work for a period of up to two months (Article 291, 295 of the Labor Code).

The paid annual leave of an employee who works in an organization under a civil law contract is not provided for.

"Vacation" rights and duties

The employee's leave must be formalized in such a way that the position and place of work are not lost, and the average salary is also preserved. Head of the organization in accordance with Part 4 of Art. 124 of the Russian Labor Code does not have the right to refuse to provide the employee with legal paid leave for more than two consecutive years, since in this case he can be fined up to 50,000 rubles.

The length of the annual rest can be different, regulated by labor legislation. There are several options, including one that provides a minimum duration of 28 calendar days.

The extended leave of the employee is provided for some categories of employees: for those who work in educational institutions (from 42 to 56 days), for under-age employees (31 days), for scientific workers with a scientific degree (from 38 to 46 calendar days). It is worth paying attention to the fact that the days of holidays are included in the number of days off, but days are not included (holiday).

Rest workers is in accordance with the labor laws of the Russian Federation, which regulates the rights to leave certain categories. For the first time, the employee gets the right to leave after six months of work in one organization. Important: when dismissed, the employer must compensate the former employee for the unrealized right to rest, if he has worked for at least 15 days.

Some categories of employees have the right to so-called vacation privileges, that is, for early rest, coming before the expiry of six months. Such leave is granted to under-age employees, women before and after maternity leave . Also, early leave is granted to employees (employees) who adopted one or several small children.

When you can relax

A worker's leave may come at any time that he chooses. This norm of labor legislation must be taken into account when drawing up an annual holiday schedule. In addition, some categories of employees have the right to independently determine the time of departure for paid leave. These include women before the decree or immediately after him, employees under the age of 18 and workers who recently took up a child for upbringing.

The established schedule should take into account the leave of all employees of the company without exception, specifying those persons who have the right to rest at any time, convenient for them. After this, the employee, who is going to have a rest, can write the corresponding application and realize the right given to him by the Labor Code.