They may not be allowed to go on vacation. They do not let go on vacation according to the schedule: what to do? They don’t give vacation - do they have the right, what does the Labor Code of the Russian Federation say

Does an employer have the right not to grant leave to an employee? In some cases yes, in others no. To correctly answer this question, it is necessary to recall the conditions in the Labor Code of the Russian Federation. According to article 114 of the Labor Code of the Russian Federation, every worker may require rest. Annual includes a minimum of 28 calendar days.

In each company, at the end of the year, an approximate schedule for the next calendar year is created. He determines the order.

They do not let go on vacation according to the schedule what to do

If an employee is due to go on vacation soon, and the employer needs this specialist due to operational needs, the employee must provide written consent to the transfer of rest days. Based on this, an order is created and changes are made to the schedule.

What is the reason for not being allowed to go on vacation?

If an employee leaves, the employer must pay all monetary compensation for rest time that was not used. Also, the employee can ask for leave along with the dismissal. This request requires the written consent of the supervisor.

The employer may not let you go if:

• The employee has worked for less than six months and requires rest;
• The employee requires the manager to provide paid rest during a period that is not consistent with the schedule;
• The employee demands to receive it along with the subsequent dismissal;
• For production needs. There must be written consent.

Does the employer have the right not to let go on vacation at his own expense?

Regardless of the amount of time worked in the company, the employee can agree with the manager to take a vacation at his own expense. It is granted if there are urgent family problems or other valid reasons in accordance with article 128 of the Labor Code of the Russian Federation. The employer independently assesses the degree of significance of the cause. If he considers this a disrespectful reason, and the employee does not show up for work the next day, he may be fired for absenteeism. The duration of such time is not established by law. Its limit can be found only in the rules of municipal or state enterprises. It can be granted for a maximum of one year.

To apply, you must submit an application in writing. It must indicate the type of leave, the reason for this and the duration. Then, on the basis of the submitted application, an order is issued to receive days off. You can take as a basis form number T-6. After drawing up, the order must be transferred to the employee for review against signature.

Can a pregnant woman be denied leave?

What to do if they are not allowed to go on vacation before the decree. AT Article 122 of the Labor Code of the Russian Federation lists the main groups of employees to whom the manager must provide mandatory rest after a six-month period. These include:

• Women before or after maternity leave;
• Underage employees;
• An employee who has adopted a child or children under three months of age.

In accordance with the law, the employer is obliged to draw up a period of non-working time, and the employee is obliged to familiarize himself with it. The second must adhere to it and take vacations according to the schedule. The fact that the employee must go on vacation, the employer is obliged to notify no later than two weeks from the start. If these conditions are not met, you can postpone it at your discretion for two weeks after the notice of the employer. At the time of drawing up the schedule, it is necessary to take into account the wishes of specific categories of employees.

What to do if the employer does not let you go on vacation according to the schedule?

In accordance with the current Labor Code of the Russian Federation, the employer does not have the right to detain you at work if you want to leave according to the schedule. To detain you, you need to issue an order and attach your written consent to it. In addition, the schedule organizes the queue. If the employee was not paid on time, it must be made no later than 14 days before the start of the holiday.

If the employer believes that these days will adversely affect the development of the business of a particular company or individual entrepreneur, you can transfer it to the next calendar year, but only with the consent of the employee. Otherwise, you may request that you be placed on legal leave as scheduled or at any time if there is none.

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Every person has the right to leave. However, in practice, employees often face situations where the employer does not allow them to take a break, motivating their decision with production problems. Are the actions of the manager legal if, according to the approved schedule, the employee must go on vacation? If the employer has secured the written consent of the employee in the form of prior notice of the need to make changes to the schedule, his actions are within the law. However, if the regulated procedures were not carried out, or if the schedules were not initially developed and approved, then the actions of the head of the enterprise can be challenged.

What to do if you are not allowed to go on vacation?

Right to rest

An officially employed person to work for a business entity, having worked for six months, has the right to rest for 28 days. If an employee worked in special conditions that are harmful production factors, which is officially confirmed by the certification of the workplace, the vacation time is extended by the time set by the commission. Additional rest is also social groups employees in privileged categories. Vacation time is paid in accordance with regulated legal norms.

Who is entitled to leave

Documenting

The business entity is obliged to control the exit time employees on vacation. This is due not only to legislative norms, but also to the provision of a “reset” for an employee who, having rested, will most likely perform production tasks with high quality and with pleasure. A tired worker is unlikely to be different positive thinking so send it to rest in the interests of the employer. Until December 16, he is obliged to organize the scheduling of vacations for the coming year.

Regulation of holiday parameters

The procedure is preceded by filling out a questionnaire by a personnel worker, in which each employee indicates the desired rest time. Based on it, a schedule is drawn up, which belongs to the category primary documentation. The document is approved by the employer. It regulates justified absenteeism of employees. The law does not say anything about the need to apply for leave for each employee. However, personnel specialists still initiate its registration.

Read also: How many hours is a full time job?

Leave by agreement of the parties

Vacation time is determined by the employer and his hired employee as agreed.

At the same time, the personal interests of the employee and the production interests of the manager are taken into account. Their decision is influenced by production circumstances that determine a certain sequence of absenteeism of workers. For the privileged category of employees, the list of which is determined regulations vacation is available at any time they wish. This does not take into account the opinion of the head of the company. Even if a vacation schedule has been drawn up and approved, when changing plans for beneficiaries, the person responsible for personnel work must make changes to the document.

When an employer can not let you go on vacation

Unpleasant actions of the head of the company related to the refusal to grant legal leave may be due to production circumstances. Absence from work of several employees with the same job duties or the absence of a person involved in a specific operation in the overall production cycle can frustrate the plans of the head of a business entity related to his entrepreneurial activity. Urgent orders, finding an employee who could replace an employee on sick leave - all these circumstances entail a violation of the order of vacation schedule.

Separately, it should be noted those managers who do not comply with labor laws in this area, and issue leave to employees at their request. Failure to provide employees with rest for two years is a malicious violation, punishable by huge fines. The employee may refuse own will from vacation for one year, subject to the provision of monetary compensation in the amount of vacation pay.

Vacation type

What to do if they are not allowed to go on vacation according to the schedule

To understand what to do if the employer does not let you go on vacation, you need to have knowledge in the field of labor legislation. The head of the company has the right not to let the employee go on a legal vacation only if the employee agrees to such an action.
If the director forces you to sign an agreement, then you should not immediately argue and make a fuss. It is recommended to talk with the authorities and try to find a compromise that is beneficial for both parties. It may be associated with the transfer of vacation to a specific date.

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Holiday laws

The relationship between employer and employee is regulated by the Labor Code Russian Federation. The main provisions that the parties need to pay attention to are reflected in the contract. But in any case, the employer has no right to refuse to grant leave.

After the conclusion of an employment contract, the parties have mutual obligations. One of them is following the discipline established at the enterprise.

Discipline is not only a daily routine, but also a time for rest, which is not limited to lunch breaks and weekends. Vacation is a period that many employees look forward to.

Attention! Providing annual paid leave is the obligation of the employer, established on the basis of the Labor Code of the Russian Federation. The personnel department or the immediate supervisor draws up a schedule that reflects the start and end dates of the vacation of each employee. The period is selected taking into account the wishes of the employee and the capabilities of the enterprise.

In practice, the scheduling is as follows:

• the head makes a list of all employees of the company;
• further, he determines at what time each of the workers could rest;
• the right of choice remains with the employee, but only during the period set by the head.

If the employee wishes to refuse leave, he writes an official paper. Without it, the manager does not have the right to reject the request in the representation of rest.

If the employee does not use vacation, a sum of money is issued instead, determined by simple calculations.

A gross violation of the rights of an employee is a refusal to provide annual paid leave. The rule is reflected in articles 123, 124 of the Labor Code of the Russian Federation.

Please note that legislative regulation vacation is built on the basis of the following regulatory legal acts:

• Labor Code of the Russian Federation;
• Federal Law of the Russian Federation N90 "On Amendments to the Labor Code of the Russian Federation" dated June 30, 2006.
• Federal Law of the Russian Federation N90 of 06/30/2010 says that leave is granted before the expiration of a six-month period to pregnant women, persons under eighteen years of age, adoptive parents of three children. Regional authorities have the right to establish other categories of employees who apply for urgent leave.

On the basis of the same law, leave may be extended or postponed:

• if the employee is a temporarily disabled citizen and is on official sick leave;
• if the employer has not paid the employee's vacation during his first two weeks.

By general rules, regulated by Article 115 of the Labor Code of the Russian Federation, the rest time per year does not exceed 28 days. The exceptions are employees of medical organizations, teachers. For them, this period increases to forty days.

Important! On a mandatory basis, employees performing labor duties in hazardous, harmful conditions annual paid leave is extended. We also include here specialists with irregular working hours, as well as workers in the Far North.

Possible reasons for refusal

On the basis of Article 114 of the Labor Code of the Russian Federation, all employees are provided with annual paid holidays. The employer has no right to forbid it.

However, there are reasons why it does not make sense to use the possibility of legal rest:

• if the employee is currently incapacitated, for example, sick;
• other reasons why the employer is already obliged to provide rest time.

The only case when the employer has the right to refuse to approve the rest is the obligation of the employee to fulfill certain obligations approved from a legislative point of view. For example, an employee of the Ministry of Emergency Situations will not be able to go on vacation if an emergency occurs in the region. Until the disaster is completely eliminated, he has no right to leave his post.

If the employer refuses to provide annual paid leave, you should write a complaint to the Labor Protection Inspectorate. Rejection of the application is considered a gross violation of the rights of the employee.

Often the employer refuses to exercise the right under the following circumstances:

• a pregnant woman goes on maternity leave;
• the employee wishes to take advantage of the rest before the expiration of six months;
• the employee wishes to use the leave at his own expense.

In any case, the employer does not have the right to refuse to sign the vacation application if the employee brought it before the date shown in the schedule.

When an employer has no right to refuse an employee

In some cases, an employee is required to receive leave earlier than the date indicated in the schedule.

Please note! These include:

• rest before maternity leave, as well as parental leave. He provides on the basis of an application completed by a woman. The head has the right to consider it within three days. During this time, he is obliged to find a replacement specialist. The rule is regulated by article 260 of the Labor Code of the Russian Federation;
• if there is a replenishment in the family, then not only the woman, but also the husband can request a vacation. The manager is obliged to enter into the current situation and provide the employee with rest, regardless of the schedule. The rule is regulated in article 123 of the Labor Code of the Russian Federation;
• the employee has the right to request additional paid leave if he studies in parallel with work. In this case, it is required to confirm the fact of training by submitting a certificate from your educational institution;
• on the basis of Article 322 of the Labor Code of the Russian Federation, an employee has the right to request rest, regardless of the vacation schedule, if he needs to accompany his minor child to the place of further education. Few people use this opportunity now, so not only employees, but also employers forgot about it.

If the reason for which you need to get several days off is a disrespectful employee has the right to take a vacation at his own expense. That is, he does not appear for several days at work and does not receive money for this.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

When an employee can take a vacation at a convenient time

According to Article 133 of the Labor Code of the Russian Federation, certain categories of employees have the right to demand the provision of annual paid leave at any time convenient for them.

These include:

• professionals who have not reached the age of majority. Such specialists instead of the usual 28 days receive 31 days of rest. The rule is reflected in article 267 of the Labor Code of the Russian Federation;
• a single parent who is raising a child under the age of twelve. The right to choose a date of rest for them is regulated not only by the Labor Code of the Russian Federation, but also by other regulatory legal acts;
• specialists who were unexpectedly called to work during the last vacation. These employees have the right not only to get rest at a time convenient for them, but also to increase the period for the entire unused period. The rule can be found in article 125 of the Labor Code of the Russian Federation;
• on the basis of Article 286 of the Labor Code of the Russian Federation, an employee who performs labor activity at the same time. The law makes it possible to enjoy rest at the first and second work at the same time;
• parents of a child with a disability who has not reached the age of majority. The opportunity can be used by his guardians or other legal representatives. The rule is regulated by article 262.1 of the Labor Code of the Russian Federation;
• military wife. A woman has the right to demand that the employer grant leave at the same time as her husband. However, it will be necessary to prove the fact that employees received rest. More information about the rule can be found in Law of the Russian Federation N76 of May 27, 1998;
• the right to choose the date of vacation is granted to honorary donors of Russia. The basis is The federal law Russian Federation N125 dated July 20, 2012.
• persons who took part in the liquidation of the accident at the Chernobyl nuclear power plant also apply for unscheduled leave. The basis is the Law of the Russian Federation N1244-1 of May 15, 1991.

Remember! The above categories of employees have the right to require the employer to provide leave at a convenient time for them. If the employer refuses to use the right, it is worth contacting the inspectorate for labor protection and protection.

Leave without pay

Article 128 of the Labor Code of the Russian Federation states that an employee has the right to demand that the employer provide unpaid leave. This opportunity is used if this year the employee has already taken off the allotted time or according to the schedule, the legal day off is still far away.

The employer reviews the application and makes a decision on granting leave.

• participants of the Great Patriotic War can rest no more than 35 days a year;
• persons who simultaneously receive pensions and perform labor duties apply for 14 days off without pay;
• two weeks a year is provided to the relatives of a serviceman who is doing military service or serving under a contract;
• disabled people who perform work duties apply for an additional 2 months as unpaid leave.

An employee has the right to request unpaid leave for family reasons. However, the application is advised to send two weeks before the start of the holiday. Leave without pay is granted on the basis of a document filled out by the employee.

The employer is not entitled to refuse to grant unpaid leave if the annual paid leave has not been used in the current period.

Vacation after six months of work

According to the current labor law, the employee claims to receive annual paid leave six months after employment. However, some categories of persons have the right to apply for rest before this period.

These include:

• underage workers;
• pregnant women, in the event that it is necessary to receive maternity leave;
• women with small children up to one and a half years;
• pensioners and the disabled.

It should be noted that sometimes employers refuse to grant leave on completely legal grounds. This is due to the lack of a vacation schedule. However, after its approval, the employer cannot refuse the request of the above persons to provide rest.

Ordinary employees receive leave according to the general rules.

Watch the video. What to do if the employer does not let you go on vacation:

Before the decree

Pregnant women often wish to extend their maternity and parental leave by taking annual paid leave. Of course, it is not profitable for an employer to pay a woman so much time at a time when she is not fulfilling her job duties. However, rejecting the request is considered a gross violation of the law.

A pregnant woman receives the right to receive annual paid leave before the decree on the basis of Article 260 of the Labor Code of the Russian Federation. It states that an employee who is in an interesting position, by her consent, has the right to receive leave at a convenient time for her.

Important! If the employer refuses to provide rest before the decree, the employee should write an application to the labor inspectorate or to the court. Practice shows that in 70% of cases, higher authorities make a decision in favor of the plaintiff.

Compromise with employer

If the employer refuses to provide leave, try to just talk to him. Each of us - a person and an employer - is no exception. It is possible that after presenting your situation, he will meet you halfway.

Trying to resolve the conflict peacefully is not difficult.

It is enough to follow a few generally accepted rules:

• before you go to investigate, check whether the employer has really received your application for leave. Often misunderstandings arise due to office errors;
• before visiting the leader, make an appointment with him or simply arrange a meeting in advance. If there is no hurry, the manager will be able to delve into your problem;
• speak to your boss in a cold, aloof tone. Remember that you are an employee, he is an employer. Subordination is an important condition for the successful resolution of the issue;
• do not get personal, do not mention to the boss his misdeeds. Don't insult him. Remember that swearing has never brought good results;
• you can put a little pressure on pity. However, don't overdo it. You should not get the impression that you are taking advantage of the kindness of your boss.

As practice shows, in 60% of cases, a simple conversation helps to get the desired rest at the right time.

Contacting the Labor Inspectorate

If, after trying to get a vacation for the second year in a row, you are faced with a refusal, you should write an application to the labor inspectorate. It should be noted that you can apply here after the date indicated in the schedule.

Inspectorate for labor protection and protection is located in each region. It has its own official website "Onlineinspektsiya.rf". Here, any worker has the right to leave a review about the company, file a complaint. In parallel, there is an opportunity to find a job.

Please note! You can apply to the Occupational Health and Safety Inspectorate in the usual way:

• personally through the office of the body;
• Russian post by registered mail.

In order for your appeal to be considered, the application is drawn up with the indication of the required information.

It includes:

• the name of the body where the complaint is filed, its territorial purpose;
• name, surname, patronymic of the applicant, place of residence, registration, as well as contact phone number and e-mail address;
• the name of the company that violated the right of the employee, its location, legal address of registration;
• surname, name, patronymic of the head of the enterprise, position in its exact execution, for example " CEO" or "director", "head of sales department" and so on;
• contact details of the company, phone numbers, location of branches, e-mail address;
• the essence of the complaint, that is, what was the reason for contacting the inspection;
• a list of violations by the employer;
• a list of employee requirements with mandatory legal justification;
• list of documents attached to the complaint;
• date and signature of the applicant.

ATTENTION! View the completed sample complaint to the labor inspectorate against the employer:

To date, the right of an officially employed worker to paid leave is inalienable.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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This point is as detailed as possible in the current legislation. But sometimes, for various reasons, the employer violates the provisions of the Labor Code of the Russian Federation and does not let his employee go on vacation, and the reasons for this can be very different.

Normative base

To date, all the points regarding the provision of vacations of various types are announced in the following articles of the Labor Code of the Russian Federation in as much detail as possible:

• Art. No. 114 of the Labor Code of the Russian Federation;
• Article No. 127 of the Labor Code of the Russian Federation.

On the basis of Article No. 114 of the Labor Code of the Russian Federation, the employer is obliged to provide his employee with paid leave, while maintaining his place and salary.

The amount of compensation for the rest period is calculated taking into account the length of service, as well as earnings for the last two years of official employment.

That is why an employee who changes his place of work needs to submit salary certificates for the last couple of years.

The process of paying for the vacation itself is regulated by Article No. 137 of the Labor Code of the Russian Federation.

The most important points included in it:

• if an employee leaves and has unused vacations, then the employer is obliged to pay him monetary compensation;
• the employee has the right to use - for this you need to write an application in the appropriate form (the day of dismissal will be considered the last day of vacation);
• if the employer is granted leave with subsequent dismissal, then, if desired, the employee can withdraw his application - provided that another employee has not been invited to his position.

Vacation - a right or a duty?

Previously, going on vacation was directly the right of an officially employed worker.

But recently, the use of leave provided by the employer has become mandatory, while earlier it was possible to simply receive monetary compensation and continue to work as usual.

At the moment, an employee who has worked at the enterprise for more than 12 months is obliged to take another paid vacation for the next 6 months.

At the same time, a violation of this rule is possible only in individual, exceptional cases - for example, in case of a serious illness of an employee or emergency in hazardous work.

At the same time, the situation when the employer does not let go on vacation is excluded.

This is a direct violation of the legislation in force on the territory of the Russian Federation.

In such a situation, it is necessary to apply to the Labor Inspectorate and then to the court.

Possible reasons for refusal

Many employees ask themselves the question: does the employer have the right not to let go on vacation?

Such an action on the part of the employer is possible only in cases provided for by the Labor Code.

These include the following:

• the onset of temporary disability of the employee - in case of refusal, a transfer is carried out for another period;
• if the employee needs to perform any duties related to the public service - this should provide for release from work;
• other cases stipulated by the current legislation.

The above points are covered in as much detail as possible in Article No. 14 of the Labor Code of the Russian Federation.

Example:

An employee of a car repair company worked at the enterprise for 11 months in a row, without interruption. At the same time, a vacation schedule was drawn up in advance, according to which the employee was supposed to go on vacation in August. After writing an application for leave, it was returned back with a note from the director "I object."

According to the provisions of the Labor Code of the Russian Federation (Art. No. 123, Art. No. 372, Art. No. 14), the transfer of vacation in this case is possible only with the consent of the employee. Therefore, the refusal in this case is unlawful.

The employee must contact the labor inspectorate, providing an already approved and application, which has a corresponding note from the boss.

Also, the question often arises: can they refuse to leave on the basis of any reason not indicated in the relevant article?

This action on the part of the employer is illegal.

Most often, this kind of precedents occur in the following cases:

• going on vacation without pay;
• care in;
• care in

Leave without pay

According to Article No. 128 of the Labor Code of the Russian Federation, an employee may require his employer to provide him with leave without pay.

This includes:

• participants of the Second World War - no more than 35 days a year;
• working pensioners - no more than 14 days a year;
• close relatives of persons serving in law enforcement agencies - up to 14 days a year;
• working disabled people - up to 60 days a year.

The basis for receiving unpaid days is a written application drawn up in the appropriate form:

The employer has no right to refuse to grant this leave.

Vacation after six months of work

Can they not let go on vacation if the employee has been officially employed for no more than 6 months? This question often worries young professionals.

In fact, the employee is entitled to it. However, the final decision on whether to provide it or not is made by the immediate superior.

That is, the refusal will be completely legal and will not violate any legislative acts.

But it is possible only until the vacation schedule is drawn up and approved.

After that, they do not have the right to refuse to grant leave to the employee.

Before the decree

Many women wish to take a vacation before they go on maternity leave, thus increasing the period of paid time away from work.

The desire of the employer to avoid such a precedent is quite natural. But Article No. 260 of the Labor Code of the Russian Federation directly states that, regardless of any factors annual leave before the decree is provided directly at the request of the woman herself.

If the employer, after the employee has submitted the relevant application, nevertheless tries to refuse in various ways, then it is necessary to write an appeal to the Labor Inspectorate and the court.

Practice shows that in 100% of cases such cases are resolved in favor of a pregnant woman.

What should an employee do if he is not allowed to go on vacation?

If, after the formation, signing and announcement of the vacation schedule, the employer, for some reason, wants not to let his employee go on vacation, you should contact the appropriate authorities.

The employer does not want to fire me in an amicable way. It scares me that only according to the article. I can't work there for another day. So I think I won’t go out on Monday, let him fire me - no matter how. But how can I then get a job after an article for absenteeism? Is it difficult?

Elena

How to quit on your own

The employer has absolutely no right to keep you in the company if you wrote a letter asking to dismiss you of your own free will. According to Article 80 of the Labor Code, you can terminate labor contract Anytime.

The mechanism for such a dismissal is quite simple. It consists of three consecutive steps: warning the employer of his intention in writing, working out the fourteen days following the day the application was submitted, receiving a work book and a cash settlement.

By the way, keep the following in mind. If during this two-week working period you change your mind about resigning of your own free will, then you have every right to withdraw your application. With some exceptions, when another person has already taken your place. Although, most likely, this is not your case.

What if they don't let go?

Of course, there are all sorts of situations. And under various pretexts, they can keep you and even blackmail you with dismissal under the article. What to do in this case?

How to "pull out" a work book

Having done everything as experts advise, you can completely calmly not go back to your original place in two weeks. But what if a harmful employer, under any pretext, does not want to give you a job? And without her new job difficult to get settled.

You can first warn the employer that you are going to apply there. Many of them are afraid of the checks that will follow from outside. Labor Inspectorate or prosecutors. After all, if they start to check, then they check everything that is possible, and not just what is directly related to your complaint.

Why are you in trouble?

After being fired for absenteeism, you may have serious problems with further employment. Although they do not have the right not to hire you due to dismissal under such an article, suspicions will still arise.

Of course, much will still depend on the loyalty of the employer, and on how urgently the company needs a specialist of your profile now. But all the same, you will be taken into account and will be treated somewhat biased.

Some people even specifically say that they lost work book- just to not show this article. In addition, they do not mention at all either in the resume or at the interview about the place of work that was unsuccessful for them, so that the employer would not call there.

Therefore, you need to fight to the last and try to avoid black spots in your working biography. After all, you will probably regret it later.

Lyubov Mishchenko