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're talking about not about postponing vacation, in general. 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 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 workers who, based on their statements in mandatory Leave without pay must be granted. 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. obligatory for both parties labor relations(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 not let me go on vacation without saving? wages 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

If you listen to the sounds of the sea every day, raising your palm to your ear, if you, sitting comfortably in an office chair, imagine how imaginary waves tickle your feet, then it’s time to write a vacation application. But what to do if the employer does not give vacation? How to convince your boss that you desperately need rest? Let's figure it out.

Every employee has the right

for annual paid leave

Every citizen has the right to annual basic paid leave Russian Federation in accordance with the Constitution and Labor Code RF.

And if you also work under an employment contract, then they simply do not have the right to refuse you. Refusal will be a violation of current legislation countries. And to be more precise, it is a violation of Article 37 of the Constitution of the Russian Federation.

The Law states that the boss is obliged to give everyone who gets a job at an enterprise under an employment contract time to rest on weekends and general holidays for the country, and also annually provide the employee with the opportunity to take off the required 28 calendar days. When an employee is granted leave, his place of work, position and monthly salary are retained.

The Labor Code of the Russian Federation (Article 124) states that the employer does not have the right:

1. delay vacation for more than two years,

2. do not give annual paid leave to minor workers, and to employees of enterprises with harmful or hazardous working conditions.

The procedure for providing annual

paid holidays according to the Labor Code of the Russian Federation

The procedure for providing employees with annual paid leave is prescribed by Article 122 of the Labor Code of the Russian Federation.

The law stipulates that employees must be provided with vacation for each working year, regardless of the quality and speed of the tasks performed by the employee. Remember that the “working year” begins from the moment the employee is hired, and the “calendar year” begins on January 1.

The annual main leave is, as previously written, 28 calendar days. Vacations of more than 28 days, the so-called extended vacations, are also provided. This type of leave is provided to minors, disabled people, elderly people, civil and municipal employees, judges, law enforcement officers, deputies, rescuers, citizens working with chemicals, teachers, medical workers and other categories of citizens provided for by law.

For an employer, an employee's leave of absence is a factor that slows down the activities of the entire organization, so most employers take their legal obligations to provide leave to their employees very seriously.

Usually in organizations vacation schedule is maintained, which clearly shows during what period of time a particular employee will be absent. The vacation schedule is official document, which is signed by all employees of the organization and agreed with the trade union body.

If the employee is not satisfied with the vacation time indicated in the schedule, he has the right to ask to postpone his vacation to a more suitable period of time.

In order to go on vacation you need to submit an application addressed to the director, indicating the following data:

From whom is the application (full name, position)

Type of leave (regular paid)

The period for which the vacation is expected to be taken (start date and end date)

Date of writing the application, signature.

How many days in advance to write a vacation application is up to you. The norm is two weeks. But it’s better not to be lazy and find out about the relevant traditions in the company; perhaps it’s customary for the team to warn about everything several months in advance.

Can employers refuse to give

paid leave for an employee?

Quite often, bosses suggest that an employee take fewer days off, citing the fact that their business is not a government agency, and supporting this with some internal documents. This action is illegal by the second part of Article 11 of the Labor Code of the Russian Federation.

It has also become popular to divide vacations into parts. This is very convenient for some, but if you want to fully use the weekend allotted to you in one period, know that they cannot prohibit you from doing so. To divide your vacation into parts, the employer requires your consent.

But today it is not uncommon for an employer to completely deny leave to an employee, citing the fact that the applicant for leave is an exceptional professional and an irreplaceable person in the organization.

So what should an employee who dreams of taking a vacation in such a situation do? To begin with, firmly understand that the director does not have the right to refuse leave to his subordinate.

Try to have a heart-to-heart talk with the director, as they say. Explain that you need a vacation and you cannot continue to work with the same passion and quality until you have rested. Many directors make concessions after such a conversation.

In accordance with the requirements of current legislation, every worker must have the opportunity to rest. There are certain time periods for this. One of them is annual paid leave. But sometimes situations arise when the employer can refuse leave.

Annual leave is provided to all employees, regardless of the form of ownership of the company, the position held by the person and the specifics professional activity.

The responsibility to provide the worker with a break for rest and recovery once a year rests with the manager. This rule is specified not only in general regulations, but also in the text of the employment contract. During the vacation, the person retains workplace and wages.

The duration of the specified period is twenty-eight actual days. This is the minimum duration of vacation. For some categories of employees, additional paid days are provided. This approach is due to the presence of harmful and dangerous factors in work, as well as the specifics of professional activity, for example, work in the Far North, in hazardous industries, pedagogical activity, limited physical capabilities.

It should be noted that in most cases the manager is obliged to let the employee go on vacation. The basis for this is an order of appropriate content.

Terms of service

In accordance with the requirements of current legislation, a break for rest and recovery is provided to the employee every year. But this rule has a peculiarity, which lies in the duration of a person’s work in the organization. Release the employee to another vacation the manager should only if the period of work in the company is at least six months. Only after six months of work can a person apply for a rest break.

By agreement of the parties, the worker may temporarily interrupt his work even before the expiration of six months. Vacation for the second and subsequent working years are provided to the employee in accordance with the priority schedule approved by the head of the organization.

Some employees must be granted leave by their boss even if their period of employment is less than six months.

These include:

1. Women before the birth of a child or immediately after the birth of a baby.
2. Those who are under eighteen years of age.
3. Persons who have taken custody of a child or children under three months of age.

It is impossible to refuse to provide leave to such workers.

Does the employer have the right to refuse

Current legislation directly states that workers must be given leave annually. Even referring to production need, you cannot refuse a person to provide rest. This requires his personal consent. This rule does not apply to the case of dismissal, that is, a person can use the break assigned to him as intended before leaving, only in agreement with management.

However, there are situations when a manager may still refuse an employee’s request for paid time off.

An employer may not allow a worker to go on vacation in the following cases:

1. The person has worked for the organization for less than six months, provided that he is not included in the preferential categories.
2. The employee wishes to temporarily interrupt his activities in violation of the approved priority schedule.
3. The worker wants to use the period for rest and then leave the organization. In this case, the employer's consent will be required.
4. The absence of a specialist can negatively affect the company’s activities as a whole. This is only possible with the consent of the employee.

The main evaluation criterion is the total duration of a person’s work in the organization.

Leave without pay

According to the rules of the current regulations, in addition to the main paid leave, the employee may be provided with additional rest without saving earnings. The duration of the period is determined by mutual agreement between the parties to the labor relationship. In most cases, people use such breaks to resolve personal issues.

Terms of service

To realize his intention to use leave without saving earnings, a person must have valid reasons of a personal or family nature. The current regulations do not establish a clear list of such circumstances. Everything is decided individually based on the specifics of the current situation.

The worker must send a corresponding statement to his supervisor. It would be correct to attach documents to the application that confirm the need for the manager to give the person such a break.

Is refusal possible?

In accordance with current regulations, granting leave without pay is a right and not an obligation of the boss. That is, any manager can refuse a worker’s request.

At the same time, the legislation defines the categories of people to whom the employer is obliged to give this type of leave.

These include:

1. Those who took part in the Great Patriotic War. They can use up to thirty-five days a year.
2. Persons who have the right to retire but continue to work. They are entitled to up to fourteen days throughout the year.
3. Parents and spouses of military personnel, law enforcement and rescue personnel who passed away while performing their duties, or died due to injury or occupational disease. This category is entitled to fourteen days a year.
4. For workers with disabilities – up to sixty days during the year.
5. Employees have up to five days in the event of marriage, the birth of a baby, or the death of a close relative.

This list is not exhaustive. Collective agreement You can establish other circumstances that will allow a person to take leave at his own expense.

Maternity leave

According to the norms of the Labor Code of the Russian Federation, an employee can go on so-called maternity leave.

This situation is associated with the birth of a child and subsequent care for him. The manager is obliged to provide leave of this kind regardless of the length of time the person has worked in the organization.

To do this, the expectant mother must send a written request to her manager and attach a medical report to it, which will confirm the woman’s situation. The duration of this period is:

1. Before the birth of the baby - seventy days, if two or more babies are born - eighty-four.
2. After the birth of a child - seventy days, if the birth took place with complications - eighty-six days, for the birth of two or more offspring - one hundred days.

The duration of such a break is calculated in total, regardless of how many days the woman used before the birth of the baby. The mother in labor is required to receive financial assistance.

Can they be denied leave before maternity leave?

In accordance with current legislation, the manager is obliged to allow the woman to go on basic leave before the birth of the baby or immediately after childbirth. The length of work in the company in this case does not matter, that is, the boss is obliged to sign the application for leave for the expectant mother. This is an unconditional rule that must be followed in any case.

Does an employer have the right to refuse maternity leave?

The employee has every right to leave maternity leave regardless of the boss's intentions. This rule is unconditional. In this case, we mean not only a temporary interruption of one’s activities in connection with the anticipation of the birth of a child, but also postpartum period and parental leave until the child reaches a certain age.

Study leaves

Study leave is used at the beginning of the next session. This break is used by those who work and at the same time undergo training at an educational institution. A person can receive an additional profession either in the direction of the organization or at his own request.

Student leave is granted to the following categories of workers:

1. Recipients higher education. Such students are provided with up to fifty days a year.
2. Students in a secondary specialized educational institution. These students are entitled to up to forty days a year.
3. Those undergoing training in general education institutions. In this case, the duration of the vacation reaches twenty-two days.

It should be noted that the provision of such leaves is guaranteed to students by law.

Terms of service

In order to realize the possibility of leaving for the next session, the student must send a written application to his supervisor, which must indicate the number of days required to pass the next block of exams and tests.

A letter of invitation from the educational institution must be attached to the application. It is this document that is the basis for granting leave. Otherwise, the manager has every right not to let the employee go to the session.

Where to go in case of wrongful refusal

If a person is not allowed to go on vacation, he should complain to the authorized authorities. This should only be done if the employee is sure that he has the right to temporarily interrupt his work and go on vacation.

A worker can apply for protection of his rights to the following organizations:

1. Trade union committee, if one has been created in the organization.
2. Labor Dispute Commission.
3. Labor Inspectorate.

The procedure for applying in this case is the same. A person simply needs to send a written application to the appropriate authority and attach supporting documentation. If the initiator does not have the necessary information on hand, he can apply to obtain it from the company.

The deadlines for contacting the competent authorities are not established by current legislation. The exception is the court. A person can apply to it within three months from the moment he became or could become aware of a violation of his right.

Liability for illegal refusal

For an unreasonable refusal to provide a break for rest and recovery, the boss may be held accountable. Enforcement measures are determined by authorities that are vested with such powers, for example, the labor inspectorate.

Most often, such a procedure is initiated after receiving a complaint from a worker. Although there are often cases when sanctions are applied to the boss based on the results of a scheduled inspection.

Bringing to administrative responsibility

For failure to provide a mandatory break for rest and recovery, administrative penalties may be applied to the boss.

Denying a person leave may result in the following sanctions:

1. A fine of one to five thousand rubles will be imposed on the official. He will pay the same amount individual entrepreneur, which operates without forming a company. The organization will be required to pay from thirty to fifty thousand.
2. In the event of a relapse, that is, a repeated offense of this kind, on the part of a person who has already been punished administratively, the person will be required to pay from ten to twenty thousand or will be deprived of professional qualifications for a period of twelve to thirty-six months. In this case, the entrepreneur will have to pay from ten to twenty thousand, the company - from fifty to seventy thousand.

It should be noted that dequalification only applies to officials in case of repeated violation.

If a fine is imposed on a company, then compensation for such losses occurs at the expense of the perpetrators, that is, the manager may also face financial liability.

The amount of penalties is determined for each case separately based on the prevailing circumstances. In such a situation, the fact of violation itself matters. The severity of the consequences for administrative liability does not matter.

You might be interested

I want to go on vacation at any time of the year, especially in the summer, when there is heat, dust, city noise, and my thoughts are carried away to where the sea gently splashes. The vacation schedule has been drawn up, it seems that the long-awaited vacation is near, but can the employer refuse vacation. The Labor Code and the Labor Code of the Russian Federation are the codes that both the head of the company and his employees must know. Vacations are different, and the rights to use them are also different.

What types of vacations exist in Russia

The word "vacation" is usually associated with rest.

But vacations are different and are issued differently.

1. Maternity leave – maternity leave.
2. Educational - for a session for correspondence students and evening students for 28 days.
3. Annual paid – to all employees of the company for 28-30 days.
4. Academic – leave at your own expense for work or for university students.
5. Additional - several days plus the usual leave for length of service, maybe even as a bonus for Good work.
6. Increased - for persons of special social categories, civil servants, municipal workers and those working in the Far North.
7. Additional time - for length of service, several days are added to the vacation, depending on the length of service.
8. Vacation without pay. For various reasons, the salary is not saved, but this type of leave is also classified as “at one’s own expense.”

Children under 18 years of age have the right to additional leave and do not have to wait for the first six months - they are released earlier.

Now, according to Letter of Rostrud dated December 24, 2007 No. 5277-6-1, vacation is granted to everyone who has worked for six months, not a year.

The regulations on the number of days on vacation for 2019 look like this:

1. Workers in the Far North have the right to vacation for up to 6 months (the journey home and back is included in this period).
2. Workers in hazardous workshops, nuclear engineers, people dealing with hazardous substances are sent on vacation with an additional 7 days to the required 30.
3. Supplement for irregular working hours – 3 days.
4. The special nature of work - vacations are established according to Decrees of the Government of the Russian Federation.
5. Municipal workers have the right to rest for 35 days in a row.
6. The state apparatus has been going on vacation for 35 days since 2019.
7. Maternity leave lasts 140 days if there are no complications and 1 child is born. In other cases, the deadlines increase.

For length of service they rely additional days recreation:

• 1 – 5 years – 1 day;
• 5 – 10 years – 5 days;
• 10 – 15 years – a week;
• From 15 years – 10 days.

Disabled people, war veterans, and other privileged categories of the population have the right to additional leave or a slight extension of the main one. The schedule and deadlines are set by the employer based on the specifics of the work within the framework of the law.

Students have the right to take paid leave during the session. But there are some nuances here. An employer may not pay for study time for an employee who already has a diploma in his field, but is now receiving a completely different education, unnecessary in this organization. They will be allowed to attend the session, but the study period may either not be paid at all or paid in part.

The employer, according to Articles 173 - 177 of the Labor Code of the Russian Federation, is obliged to let go and pay for school days, given that:

• advanced training;
• obtaining a degree (bachelor, master, candidate, professor) in the profile of basic education;
• general secondary education (evening school, for example);
• average vocational education(colleges, vocational schools, technical schools, schools).

Can they refuse study leave - yes, they can. They may even ask you to write a letter of resignation at will, if there is no one else to work. It’s easier to hire someone who doesn’t study, so as not to look for a replacement.

But there are other options when:

1. There is no call from the educational institution.
2. An employee receives a specialty in another field and is planning to change jobs. The boss may invite the employee to take leave at his own expense during the session.
3. There is no one to replace the student worker for these 28 days. In this case, management offers the employee to find a temporary replacement. It happens that after a session, a worker is faced with the sad fact that his place is taken by someone else forever.
4. Often, when a young part-time student gets a job, he is not hired just because he is a student. Although this is unacceptable by law. In other cases, when an inexperienced person does not know the laws, the accounting department offers him to take legal leave during the session or at his own expense. As a result, a person loses money and spends his legal vacation on study. To prevent this from happening, you need to know your rights - refer to the Labor Code.

If the manager wants to find a reason not to let you go to a session or not pay for training days, then he will find a way. Only knowledge of the law will protect you from this. Often it is enough to simply quote excerpts from Art. 173, 174, 176, 177 Labor Code of the Russian Federation.

At the same time, remember that:

• the salary will remain the same if the training is part-time or evening. In case of full-time work, leave without pay is issued;
• two formations in parallel - means that you will receive security for only one of them;
• Very important nuance– if there is no certificate of summons from the place of study, then the employer has every right not to let you go to the session. A educational institution issues such a challenge (by law) only after complete completion of all tests. The call must be submitted to the accounting department 1 month before the start of the session. Calculate for yourself when you need to submit all the work to the dean’s office.

In the matter of combining work and study, special privileges are given to those employees who improve their qualifications in their profile, for example, to obtain a higher position in the same organization.

If management considers the employee promising, they can not only pay for the session time, but also partially/fully pay for training (if the grades are very good).

The application and certificate from the antenatal clinic must be submitted to the employer. Based on these documents, you will be sent on maternity leave. Depending on the condition of the pregnant woman and the doctor’s prescription, vacation starts from 30 weeks. If mommy is expecting twins or more, then from 28 weeks.

An employer has no right not to allow a woman to go on maternity leave. But in special cases it happens that good specialist persuaded to work until the limit. To agree or not is the decision of the woman herself. Typically, an employee believes that it is more profitable for her to continue working or go on maternity leave.

By the way, using your rights and staying at home is much more financially profitable and healthier for the baby. Maternity benefits are paid by the state. Some “rich” organizations can afford additional financial assistance to their employees in the form of a one-time benefit after childbirth.

There is leave for rehabilitation after sick leave. Sick leave allowed to extend up to 10 months. The conclusion is issued by a special commission in a hospital or clinic. Usually this is VTEC.

If an employee is so valuable that management does not want to lose him, then he can return to work not only after sick leave, but also after rehabilitation period. The main thing is that the entire period of healing and recovery does not exceed 10 months.

By decision of the VTEK, a period of rehabilitation after injuries and other injuries is prescribed. The rehabilitation period is not paid by the employer. You can use your legal leave, and if this is not enough, then leave at your own expense (administrative). Sick leave is postponed.

They have the right to dismiss after vacation or it monetary compensation.

It's nice to know that a long-awaited vacation is soon on schedule. Usually, everyone is sent to rest one by one or two at a time, if this does not interfere with the production process. Employees sometimes agree among themselves who will go on vacation when. But it happens that the employer himself resolves this situation. For example, during the World Cup, almost all organizations in the participating cities tried not to let anyone go. The legal right to rest may not be used for up to 2 years. You have the right to go on “double” leave, if you worked tirelessly for two years - you didn’t take it annual leave. The employer does not have the right to deprive you of this opportunity, but can divide 60 days into several parts throughout the year - you will rest for 10 - 15 days, for example. Also, the manager does not have the right to let you go for more than 60 days at a time or not provide paid leave for more than 2 years.

There are frequent cases when work is not allowed to go on vacation as scheduled. This happens when the absence of an employee will negatively affect the work of the enterprise or individual entrepreneur.

An employer denies scheduled leave for several reasons:

• no one to work;
• there are unfinished business and projects;
• you have committed an administrative or other violation.

These are based reasons. If this happens, then the boss must agree with you on another vacation time that suits you and issue an Order about this.

The most compelling reason for refusing leave is damage to the work of the enterprise or business.

The employer is obliged to release you to:

• wedding;
• funeral;
• for difficult family circumstances;
• if you are a beneficiary, you can ask for leave at a time convenient for you.

The groom can be given leave for a month, but not always - it all depends on the production. The order is usually approved for several days off.

Complain to the Trade Union or Labor Protection. Say that the employer does not allow vacation according to the approved schedule. Provide documents confirming your words (get them from the accounting department). Infringement of employee rights is punishable by law. Find out whether they may not allow you to go on vacation in your particular case.

If vacation is not given, what should an employee working without an employment contract do? This is a problem for every tenth citizen of the Russian Federation. In fact, you are not protected by law in any way if you are not registered with the state.

Legally, you don’t exist, you don’t work, you don’t receive a salary, you don’t pay taxes. Therefore, they can simply send you on vacation at their own expense. To prevent this from happening, find out your rights when applying for a job. Find out how this organization goes on vacation and what to expect. Verbal promises should not be trusted.

Let the guarantees be given in writing. Better yet, register according to the Labor Code of the Russian Federation or enter into contracts or employment agreements.

If you are faced with a situation where you are not going to be paid for your vacation, then collect evidence (documents, witnesses confirming that you really work for the company), contact labor protection, and then go to court. You can only complain on the basis of confirmed documents and facts. The court will decide either financial compensation for missed vacations, or you will be given a long-awaited month of rest with maintenance.

Punishment for the employer is provided for in Art. 5.27 Code of Administrative Offenses in the form of fines:

• for the first violation of employee rights legal entity– 30 thousand rubles – 50 thousand rubles;
• for the second – 50 thousand rubles. – 70 thousand rubles;
• The individual entrepreneur will pay up to 5 thousand rubles to the treasury for the first violation;
• the second time - from 10 thousand rubles. up to 20 thousand rubles

The official may be disqualified.

You can go to court no later than within the year following the violation.