LawRegulatory Compliance

The order of granting of holidays

The procedure for granting leave is approved by the Labor Code of the Russian Federation. Article one hundred and twenty-first of this legislative act gives an explanation of the procedure for calculating the length of service. This indicator is the basis for the employer to provide his employee with annual paid non-working days, which is enshrined in Article One hundred and twenty-second of the same document.

The procedure for granting leave is based on the ability of the employee to exercise his right annually. From the moment of acceptance into the staff of the organization to the provision of paid days off, a period of six months must pass. This period can be reduced if agreement is reached between the parties. Holidays up to six months of work can take:

- women before or after maternity leave;

- employees who are under the age of eighteen;

- adoptive parents of a child of infant age (up to three months);

- employees in other cases, in accordance with legislative acts.

The procedure for granting vacations, if the work experience lasts more than one year, is carried out in accordance with the schedule, which is a local act for the enterprise. Its compilation is made annually and is made by the head of the enterprise. This takes into account the opinion of the trade union body. The schedule of holidays is obligatory for execution by the document both for the head of the organization, and for each worker.

The exception is for certain categories of employees, when they have the right to choose the periods of paid free days themselves. For example, the provision of leave to her husband can be made at the time when his wife is on leave due to pregnancy and childbirth. At the same time, the length of service in the organization does not matter.

The procedure for granting leave to employees of an enterprise that have not reached the age of eighteen years is also established by law. Annual paid days off for them should be only in the summer, regardless of the length of service in the organization. At the request of this category of workers vacation can be any time convenient for them.

This right can also be used by some other categories of members of the work collective listed in the regulatory enactments.

The procedure for granting leave in the event that it needs to be postponed or extended, explains article number one hundred and twenty-four. The increase in the period of paid non-working days is possible in the following cases:

- offensive during the period of temporary disability;

- performance of state duties during the period of the next holiday, if the legal acts provide for exemption from work during participation in them;

- the presence of other reasons provided for by local acts of the enterprise and by law.

The procedure for granting the next leave can be changed by agreement between the employee and the head in the case;

- delays in due payments for days off;

- untimely notice of the start time of the holiday period, which must be made no later than fourteen days.

If the absence of the employee affects the efficiency of the enterprise, then in consultation with him, it is possible to postpone the holidays for the following year, but not later than the period of twelve months. Legislative acts do not allow an employee of an organization to refuse regular paid days off during a two-year period. Every year, employees who are under the age of eighteen years of age and who participate in a production process that has dangerous or harmful factors that adversely affect their health should go on vacation.

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