It is generally accepted that every worker looks forward to the vacation period, but there are situations when an employee, on the contrary, wants to postpone this period. Sometimes employees even want to give up rest days altogether, claiming compensation payments.

But it should be understood that both the work itself and the employee’s rest are regulated by the Labor Code of the Russian Federation. And neither the employer nor the worker can change existing legal norms at will.

Is it possible not to go on vacation? How is this formalized? And most importantly, in what cases is refusal to rest considered unacceptable? And is it possible not to agree to go on vacation voluntarily?

Constitutional human rights determine his right to work and rest. Labor legislation specifies this right. Article 114 of the Labor Code stipulates the mandatory provision of annual leave to all workers, which is issued with job retention and payment monetary compensation.

By established rules You can get a refund instead of rest days in the following cases:

1. Days exceeding the mandatory period of 28 days are compensated. Such replacement is possible annually at the request of the employee.
2. When summing up vacation periods or transferring them to the next year, you can also compensate for those days that exceed the specified minimum.

Compensation for other parts is also not prohibited by the Labor Code if it is previously approved with the employer.

Please note that these rules do not apply to:

1. Pregnant women.

Compensation for unused vacation is awarded to everyone, without exception, who leaves the organization.

Possibility of transfer to next year

Giving up vacation does not mean that this period is lost. According to labor law, not taking vacation means:

1. Receive monetary compensation for it and continue working until next year.
2. Move it to next year.

Please note that the year is not meant to be a calendar year, but a labor year. This is an individual indicator that is measured from the date the employee is hired.

Ideally, all employees of the organization go on their next vacation, but no later than the end of their individual vacation. working year. The employee himself cannot transfer his rest time to the next year, but the employer has the right, but only in exceptional cases. The transfer is possible provided that the issuance of vacation time this year will negatively affect the operation of the enterprise.

The main condition for the transfer is the fact that the employee takes the transferred period within the next 12 months. That is, a transfer for another year is impossible, under any conditions and circumstances.

Prohibition on failure to provide vacation for 2 consecutive years

The Labor Code establishes such rules that an employee goes on annual vacation, regardless of whether employers want it or not. Moreover, the employer may be held liable.

Article 124 of the Labor Code of the Russian Federation regulates the fact that one cannot refuse vacation days two years in a row.

An employee can compensate for rest days one year on his own initiative or due to production needs, but next year he will no longer be able to count on this right. Regarding minors, they do not have the right to choose a priori and are obliged to fully rest, regardless of desire and production processes.

Employees who work in workplaces that have an established requirement must also be provided with mandatory, or even compulsory, rest.

You might be interested

The right to annual paid leave in our country is guaranteed to every employee by law. The articles of the Labor Code regulate the rules and all the nuances relating to vacations, as well as their transfer or refusal to provide certain types for some reason. Resolving the issue of possible refusal employer to subordinate on leave depends on the specific situation. The general rule is: refusal of a timely submitted and correctly completed application is a violation of the right to rest and is therefore illegal.

But if the employer still refuses leave, what should you do? In the absence of proper grounds for this, his actions are subject to appeal under the law.

How is annual leave granted?

Chapter 19 of the Labor Code of the Russian Federation “regulates” holidays. Employees whose work experience in the company exceeds 6 months can take advantage of the right to take legal rest. After this period, the employee may be given a vacation at his request, or he may be included in the vacation schedule for the next calendar year. It is this document that regulates the procedure for providing annual paid leave in a particular organization.

Such a schedule is drawn up at each enterprise or institution at the end of the current year. It must be approved no later than December 17. All employees are introduced to the vacation schedule against signature.

Can early leave be denied?

If an employee decides to take a break before the end of his six-month period of work, can the employer refuse leave and in what case? This occurs when the employee does not fall into any of the benefit categories listed below.

Those who are on the list of beneficiaries can go on their first vacation before the end of the six-month working period.

Who are these same beneficiaries? The right to go on early leave belongs to:

1. For minors.

2. Women going on a “planned” maternity leave.

3. To those who adopted small child(up to 3 months).

4. Husbands of women “on maternity leave.”

5. Part-time workers, if during this period of time there is a vacation at the main place of work.

6. Wives of military personnel who are entitled to leave at the same time as their husbands.

Who else belongs to the preferential category?

Additionally we're talking about O:

1. Veterans and disabled people of war.

2. Victims of the Chernobyl accident.

3. Heroes of Russia, Socialist Labor, USSR.

4. Honorary donors.

5. Victims at the training ground in Semipalatinsk.

If you do not belong to one of the listed preferential categories, but you need leave, say, for health reasons or for family reasons, the law does not prohibit granting the right to rest to such an employee. But it should be understood that this action relates to the rights, and not the obligations, of the employer. If he complies with the procedure for granting annual paid leave, the law does not have the right to oblige him to provide an ordinary employee (not a benefit recipient) with rest before completing six months of work experience.

Is it possible to refuse scheduled leave?

For each calendar year, a schedule of planned vacations with the order of their provision is drawn up and approved at the very end of the current year - in December. The approved document is binding on both parties - the employer and the employee. Can an employer refuse leave contrary to the approved deadlines, citing the impossibility of replacement or other reasons important for production? How legal are his actions?

From a formal point of view, such a decision is contrary to labor legislation. In practice, management is given the right to postpone vacation to another time. This is done only when such an alternative is understood by the vacationer himself. That is, this action complies with the law if the employee agrees with the proposal to transfer.

Some nuances

A similar transfer of vacation is legally possible to the next year. But here we should not forget about the prohibition of a two-year period of work without official rest. In addition, vacations for minor workers are not transferred even if they consent.

Can an employer refuse leave without offering a transfer? Definitely not. The law strictly prohibits refusal in the case of an officially drawn up and signed schedule.

But this does not apply to situations in which subordinates request leave on other dates that are not agreed upon in documents. If an application for leave “out of turn” is submitted without special grounds, this may become the reason for a completely legitimate refusal.

Sometimes we are talking about dividing annual paid leave into parts. But at least one of them should not be shorter than 14 days.

Instead of rest - compensation?

Is it possible to reach an agreement like this - the manager refuses the vacation, but in return offers to pay compensation in money for the entire period. According to the law, this is impossible. Although the Code provides for the option of paying monetary compensation in exchange for the unrealized right to rest, payment in cash is only allowed for time that exceeds the annual mandatory period of 28 calendar days.

For example, when on vacation lasting 35 days, the employee at will has the right to receive compensation for a period of 7 days. And, let us remind you once again, such a replacement of vacation days with money can only take place on the initiative of the employee, and not the management.

Leave without pay - sample and important nuances

The so-called administrative (or unpaid) leave can be taken by an employee at any time. It doesn't depend on size length of service. Payment is not saved in this case. To receive one, the employee should send an application to the employer with a request and, most importantly, a request-justification, that is, explain the need for it. Refusal or consent depends on how important the employee’s motivation seems to management.

Is it possible to refuse leave without pay? Yes, unless both of the following conditions are met:

1. Citizens belong to the category of those who have the right to the mandatory provision of such administrative leave.

2. The limit of days “without pay” regulated by law has not yet been exhausted by them.

1. Participants of the Second World War. For them, the annual limit on the duration of administrative leave is 35 days.

2. Working disabled people - the same period for them is 60 days.

3. Those who have reached retirement age. If the pensioner continues to perform job responsibilities, he is granted the right to annual leave without pay for 14 days.

4. Widows or widowers of those killed in service or as a result of injury, illness, injury that occurred due to a work-related reason. Here the limit is also 14 days.

5. Five days annually in mandatory It is supposed to be given to someone who has had the birth (death, marriage) of a close relative.

This list, established by Article 128 of the Code, is not exhaustive. Additional guarantees in social sphere possible in separate legislative acts and internal regulatory documents employer companies. Most often, employees are rarely denied leave at their own expense.

Let's talk about holidays for women

Now we are talking about and concerns pregnant women and young mothers who are going to workplace. These persons belong to the category of employees protected by law.

According to Labor Code, all women are guaranteed the right to use maternity leave, as well as long leave to care for a child until he is three years old. But in real conditions, the rights of pregnant women and young mothers are very, very often violated.

Can they not allow me to go on another vacation on the eve of maternity leave?

Can an employer refuse leave to a pregnant employee about to go on maternity leave, citing the upcoming maternity leave (and such situations are not uncommon)? It should be clearly understood that such a refusal refers to the most serious violations of labor legislation.

In fact, the fact of pregnancy “works” not for the employer, but for the employee. She becomes a “beneficiary” and can request another unscheduled vacation.

Completely legal and very convenient for expectant mother is the option of going on maternity leave immediately after the next vacation. If management refuses to implement such an option, this already gives the right to appeal to higher authorities.

Unfortunately, it is impossible to give such an unambiguously positive answer to the question of whether it is possible for a pregnant woman to refuse next vacation in the very general case(when we are not talking about maternity leave yet). An employer may not allow an adult employee to go on vacation outside the agreed schedule. However, a pregnant woman enjoys additional privileges. For example, it is impossible to fire her for absenteeism.

Can management refuse to let an employee go on maternity leave?

What is it? In fact, it consists of two legally unequal parts - maternity leave and long-term leave provided to care for a child. The first as such does not apply to vacations.

The basis for its provision and payment is sick leave disability. That is why refusal to provide such a period of rest is impossible in principle.

Leave for child care, according to general rules, are provided until the child reaches the age of three. Their duration is not necessarily exactly three years. A woman has the right to apply for such leave on any day of the specified period. The vacation ends automatically on the next day (working day) after the baby’s third birthday.

It can be provided not only to the mother, but also to any person who actually cares for the child. At the same time, payment (quite modest, in the form of a social benefit) is required by law only in the first year and a half.

Quite often (mainly for financial reasons) a young mother is forced to go to work before the baby turns three years old. But sometimes family circumstances she needs to go back on maternity leave. The employer may be against such a decision.

The law determines that such a refusal refers to violations of the social guarantees prescribed in the Labor Code. That is, by interrupting maternity leave ahead of schedule, a woman is not deprived of the right to go on the same leave again if the need arises.

What refusals are legal?

The bulk of the provisions of labor legislation are aimed at protecting the interests of workers. But it also contains rules that prevent employees from abusing their rights. This includes a list of those situations when refusal of leave by the employer is legal.

So, let’s list the reasons why you will be legally denied a vacation at a time that you have chosen for yourself:

1. An employee who does not belong to a preferential category requested leave during the first half of the year of fulfilling his job duties.

2. A properly completed written application (if accepted by the organization) was not submitted on time. There is no need to write an application if vacations are provided according to a predetermined schedule. In this case, it is enough to familiarize the employee in advance - 14 days in advance.

3. If the employee intends to formalize his resignation immediately after the requested leave.

4. If a sufficiently serious production need arises. But, as already mentioned, this basis is used only with the voluntary prior consent of the employee.

If you are refused, be sure to ask the reasons. Knowing them, you can easily figure out how legal the management’s actions are.

Art. 173-177 Labor Code of the Russian Federation: study leave

Such vacations are provided for those citizens who combine study and labor activity. In order for claims to receive such leave to be justified, a number of conditions must be met:

1. This is the employee’s first time obtaining an appropriate level of education. What does this mean practically? If a part-time student who does not yet have a higher education is working, he is entitled to student leave. But with the finished higher education he can apply for such only when studying in a master's or graduate school.

2. If a worker manages to study simultaneously in several educational institutions at once, an application for study leave he writes only for the session in one of them - at the choice of the student himself.

3. When an employee is a part-time worker, he is not entitled to such leave. Study leaves are given exclusively at the main place.

4. It is provided only on condition state accreditation Togo educational institution, where the employee receives his education.

5. A mandatory document attached to the application for study leave is a summons certificate issued by the educational institution.

6. The duration of such leave must be within the established limit. It is possible to exceed it, but only by mutual agreement with the employer.

If all of the above conditions are met on the part of the employee, but nevertheless he is denied student leave, the actions of his superiors can be considered a violation of labor legislation, and it can be appealed in the prescribed manner.

Problem

Good day!

The question is this: I have been working in the company for more than 11 months, according to the vacation schedule, I have it in August. I wrote an application for leave, the boss signed it - “I object.” The refusal to grant leave to workers is justified production necessity. Are the boss's actions legal? How long can management delay vacation, if they have the right to do so?

I read in the Labor Code of the Russian Federation that the vacation schedule is mandatory for both employees and the employer.

Solution

According to Article 123 of the Labor Code of the Russian Federation, the order of provision of paid leave is determined annually in accordance with schedule vacations approved by the employer taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established Article 372 of this Code for the adoption of local regulations.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

Article 14 of the Labor Code of the Russian Federation establishes cases of postponement of vacation or its extension

Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if for this purpose labor legislation exemption from work is provided;

in other cases provided for by labor legislation and local regulations.

If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Thus, according to the above rules, vacation can be postponed to another time only with your consent.

Contact your employer in writing, indicating the articles of the Labor Code of the Russian Federation stating that his actions do not comply with the law. Write down that you have already planned some personal affairs for this time, maybe paid for a trip somewhere, and if the vacation happens at another time, you will suffer losses, which you can then recover from the employer. The letter is written in two copies, you register one with the employer, and leave the second with a mark for yourself. Or by registered mail with acknowledgment of delivery and a list of the letter's attachments.

By writing such a letter you will “free your hands” and can go on vacation without an order. And in the event of dismissal for absenteeism, any court will reinstate you (just make sure you have a copy of the approved vacation schedule).

But this is a conflict in any case, so it is always better to agree in advance.

Solution

Good afternoon

Of course, everything is correct that the vacation schedule is a document binding on both the employer and the employee. And you must go on vacation as scheduled; in general, you must be notified about it two weeks before the start of your vacation. Nowadays it is not even necessary to write an application; the main thing is a notification and an order for leave.

But, I don’t recommend going on vacation without permission, and also with me the Resolution of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, because This will be precisely an unauthorized leave and yes, perhaps dismissal as an athlete. And yes, perhaps any court will reinstate you, but you need this stress, these court hearings, etc.

In your case, I still recommend finding a compromise with your employer. The consultant very well recommended that you write a registered letter with a notification and a list of attachments, but I recommend a slightly different text. And in the text indicate that in accordance with Article 123 of the Labor Code of the Russian Federation The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins. But for some reason they forgot to notify you of the start of the vacation against signature, and you would like to receive a written answer to the reason for not granting you vacation in accordance with the vacation schedule, and that the reasons be specific, and not vague and general, such as production necessity , because this need must be clarified and specified. And yet, if certain reasons are indicated, then you would like to find a compromise on this issue, and therefore, in accordance with Articles 124 and 125 of the Labor Code RF, you would like to familiarize yourself with the order, which will indicate the specific dates for the transfer of your omission.

If the reasons for not providing an optus are not specified or are vague and unreasonable and not respectful, then you reserve the right to appeal to the authority that deals with the resolution of labor disputes.

By the way, here's from Resolution of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 on dismissal for absenteeism:

39. If employment contract terminated with the employee under subparagraph “a” of paragraph 6 of part one Article 81 Labor Code of the Russian Federation for absenteeism, it must be taken into account that dismissal on this basis, in particular, can be made:

e) for unauthorized use of vacation days, as well as for unauthorized leave (main, additional). It is necessary to take into account that the use of rest days by an employee is not considered absenteeism if the employer, in violation of the statutory obligation, refused to provide them and the time the employee used such days did not depend on the discretion of the employer (for example, a refusal to provide an employee who is a donor with rest days). in accordance with part four Article 186 Code of rest days immediately after each day of donating blood and its components).

And by the way, going on leave without permission, because... violated the vacation schedule, it will be an unauthorized leave, i.e. truancy.

If you want to run around the courts, then of course you can go around the courts, but is the vacation worth it? The only thing is, if in your case there is personal hostility, and this is possible, and if you have already paid for the trip and bought tickets, etc., then you know it’s probably worth restoring justice.

Can an employer refuse to allow an employee to go on vacation? In some cases - yes, in others - no. But before we understand this issue, let us recall the basic requirements of the Labor Code of the Russian Federation regarding the provision of vacations to employees.

General rules for granting vacations

Let's start with the fact that every employee has the right to annual paid leave of at least 28 calendar days(Articles 114, 115 of the Labor Code of the Russian Federation). At the end of each year (namely, no later than December 17), the organization must draw up a vacation schedule (form No. T-7, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1) for the next calendar year (Article 123 of the Labor Code of the Russian Federation). It determines the order in which vacations are granted to employees. That is, this is a kind of plan that indicates on what date and for how many days each employee of the organization will go on vacation. The schedule reflects both , and , due to employees.

Vacation as scheduled

If an employee must soon go on vacation according to schedule, and you, as an employer, cannot release him due to production needs, then you will need to obtain the employee’s consent to postpone the vacation (in writing), draw up an order for the transfer, and also make changes to the vacation schedule.

It happens that an employee becomes an indispensable employee while already on vacation. Then we are not talking about postponing vacation, but about... And this is a completely different story.

Leave upon request

If an employee is going to go on vacation not in accordance with the schedule, but simply at the request, then the employer has every right to refuse him. And at the same time it will not violate the rights of the employee in any way. Because the issue of granting unscheduled leaves is always decided by agreement between the employee and the management of the organization.

Accordingly, if an employee decides to go on vacation without the employer’s consent and does not show up for work, then he can be fired for absenteeism (Article 193 of the Labor Code of the Russian Federation). In this case, it will be necessary to follow the entire procedure for bringing the employee to disciplinary liability.

When an employer does not have the right to refuse an employee leave

Under certain circumstances, the employer is obliged to provide the employee with leave and cannot refuse it. This:

• annual paid leave granted to a woman before or immediately after maternity leave, or at the end of maternity leave. The employee must be released on vacation based on her application (Article 260 of the Labor Code of the Russian Federation);
• annual paid leave granted to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
• additional leave provided to persons combining work and study. In this case, the employee must give the employer a certificate of summons from the educational institution (Articles 173-176 of the Labor Code of the Russian Federation);
• annual paid leave granted to one of the parents (guardian, trustee) working in an organization located in the Far North region or an equivalent area. We are talking about the leave necessary to accompany a child under the age of 18 entering education educational programs in organizations/institutions of secondary and higher education vocational education located in another area (Article 322 of the Labor Code of the Russian Federation).

When an employee has the right to take leave “at a time convenient for him”

Also, some categories of employees can independently choose the period of time for their vacation during the year. That is, they should be given leave at a time convenient for them (Article 123 of the Labor Code of the Russian Federation). And the employer will not be able to adjust the dates or deny them leave on their own initiative. The following categories have this privileged position:

• workers under the age of 18. By the way, they are entitled to annual paid leave for 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
• women and single men with two or more children under 12 years of age. They have a priority right to receive annual leave in the summer or other time convenient for them (paragraph “b”, paragraph 3 of the Resolution of the CPSU Central Committee, USSR Council of Ministers dated January 22, 1981 No. 235, Order of the USSR Council of Ministers dated October 30, 1985 No. 2275r, Decision Supreme Court of the Russian Federation dated June 17, 2014 No. AKPI14-440);
• employees recalled from annual paid leave. They are given the right to use the remainder of their vacation at any time convenient for them during the current year or to add it to their vacation for the next working year (Article 125 of the Labor Code of the Russian Federation);
• . They have the right to take leave from part-time work simultaneously with the annual leave provided at their main place of work (Article 286 of the Labor Code of the Russian Federation);
• one of the parents (guardian, trustee, foster parent) raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
• military spouses. They are granted leave simultaneously with the leave of their spouses (Clause 11, Article 11 of Law No. 76-FZ of May 27, 1998);
• honorary donors of Russia (clause 1, part 1, article 23 of Law No. 125-FZ of July 20, 2012);
• some categories of Chernobyl victims (clause 5 of article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1).

The above-mentioned employees can take advantage of their vacation without the consent of the employer. This means that even if the company’s management is against it, and the employee nevertheless goes on vacation during the period of time he needs, firing him for absenteeism will be the wrong decision. After all, there is a high probability that after this the employee will be reinstated at work by a court decision. And then the employer will have to pay him not only average earnings for the period from the date of dismissal of the employee until the day of reinstatement at work, but it is also possible to compensate for moral damage if the employee declares it in court and the court supports him (Articles 234, 237 of the Labor Code of the Russian Federation, paragraph “e”, paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

“Mandatory” leave without pay

There are also employees who, based on their applications, must be granted leave without pay. The corresponding rules on leave without pay are contained not only in the Labor Code of the Russian Federation, but also in other legislative acts. A number of specific cases and the duration of leave for each of them are indicated in the table below.

Does an employer have the right to refuse leave?

Yes, if some emergency circumstances arise that threaten business or production downtime.

For example, one employee was hospitalized, someone needs to transfer his affairs (Article 124 of the Labor Code).

However, with the question: “Does the employer have the right not to allow vacation as scheduled?” the situation is somewhat different. If we are talking about (and in this case this is exactly the case), then you need:

• good will of the employee whom they plan to retain.

In all other cases, the boss cannot do this. mandatory for both parties to the labor relationship (Article 123 of the Labor Code).

Strictly speaking, this is the only situation when it is behind the scenes, and not the head of the company, who remains the last word. So, now that we have more or less dealt with the question: “Can an employer refuse leave?” let's move on to no less important topic– specific situations in which this action is legal in relation to the employee.

Failure Cases

Strictly speaking - in all the others. Exceptions are made if, for example, we are talking about an employee who is about to give birth or young father(adoptive parent), a donor who has provided blood at least forty times, a holder of the Order of Glory, a Hero of the Russian Federation, a disabled working person, a student, a pensioner or a parent (spouse) of a military personnel.

In everything related to vacation outside the established schedule, especially, the final decision rests with the boss.

And if the boss says a reasonable “no” (and for this it is enough to say words about production necessity or business downtime), then this will be his legal word.

Even if we are talking about a preferential category of citizens, no punishment is provided for the entrepreneur for this.

In other words, we are talking about cases:

• requesting leave without having worked the six months required by law;
• leave “at your own expense” (also administrative);
• paid outside the schedule;

Separately, it should be said about simple things. If this did not occur through the fault of a particular employee, then the boss can apply for leave “retroactively” only with his own consent. If an employee asks to be given a vacation without pay (Article 128 of the Labor Code), the issue is resolved in agreement with the boss.

But if an employee has gone on vacation and the company has a need for this employee, then we recommend that you read the article:.

Categories of employees who do not have the right to refuse

On the one hand, the law provides for several cases for this (Article 128 of the Labor Code). This is the birth of a child, pregnancy, a call to a session, the death or death of a close relative, a wedding. In such cases, it is necessary to give up to five calendar days off.

Also there are certain categories of employees who have a priority right to unscheduled holidays. This:

If you belong to one of the above categories of employees, then you don’t have to ask the question: “Can they be denied leave?”, since the management has no legal grounds for refusing these people.

Denial of leave without pay

Can they refuse to go on leave without pay and in what cases can the employer refuse? In all. If the boss justifies his refusal to grant leave to an employee on the basis of production necessity or that the business will “stand down” in your absence. The law does not provide any sanctions for him for this. Well, I had to behave well.

This is one of the arguments in favor of the fact that you still need to maintain loyalty to the leadership to the best of your ability - this is the very well from which you will definitely have to drink water - for example, you need to leave for a session or the funeral of an aunt who died abroad. So, if you're wondering; “They won’t let you go on vacation outside of the schedule, what should I do?”, I’ll have to disappoint you, in fact, there’s nothing you can do about it.

But it’s a completely different matter if the boss balked before going on a planned paid vacation (Articles 352, 382 of the Labor Code), and the employee is clearly against taking on additional work. So, let's figure it out, if you are not allowed to go on vacation as scheduled - what should you do?

In this case, you can and should apply for protection of your rights to one (or several) authorities:

Often, contacting the inspectorate is enough. To do this you must submit:

• passport;
• or other documents confirming your work in the organization;
• documentation confirming the refusal of leave;
• complaint.

You can do this on the inspection website, or you can do it during a personal visit, handing the complaint to the inspector and making sure that it has been accepted and registered.

The complaint must contain:

At all review period - fifteen days. But it can increase to a month. It also happens that the inspector simply refuses to check, immediately indicating that this is a matter for the prosecutor’s office or court. Usually one call to the prosecutor is enough for the company's management to come to their senses.

Responsibility of the employer for failure to provide leave to the employee

If it is established that the boss did not have the right to do so, he faces liability under Article 5.27 of the Code of Administrative Offences. For organizations this is a fine of up to fifty thousand rubles.

The main thing in such things is to know your rights and responsibilities. This applies to both entrepreneurs and employees. All misunderstandings come from ignorance and from the fact that someone uses it for their own purposes