Every person who carries out his professional activity in a particular company, is obliged to perform a certain amount of work. In doing so, he spends a certain amount of time and energy. To make up for the costs, everyone has the opportunity to use personal time for this.

There is also a longer period for recuperation - this is the opportunity to go on vacation. All the nuances and features of such a procedure are regulated by Chapter 19 of the Labor Code of the Russian Federation.

In practice, sometimes there are situations when a person is limited in this ability. In this case, any interested person has a number of quite natural questions:

• on the basis of which the employer provides the employee;
• whether the employer has the right to interrupt the rest due to production needs;
• whether they can not let go on vacation;
• what to do if the employer does not let you go on vacation;
• what to do when they do not let go;
• in what cases the employer can refuse to leave;
• what is the responsibility of the employer for not providing vacation.

All these points are extremely important for both sides of the working interaction, since everyone wants to take a break, and unreasonable failure to provide leave is a gross violation of existing standards.

Keep in mind that even from such difficult circumstances there is a way out. The thing is that if a person, for some reason, was not allowed to rest, or his appeal was not even signed, he can apply to the state budget supervisory authorities or about a violation by the employer of his duties.

The request itself must be made in writing. It is best to hand it over in person. It would be correct to substantiate your position by referring to corporate documents. Then you can count on a positive outcome of the consideration of the application.

In this case, appropriate measures of influence will be applied to the unscrupulous leader. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, such measures are defined as a fine.

It should be noted that it is not only the head of the organization who risks obliging to make the specified mandatory payment, but also the specialists involved in the preparation of documentation on the provision of periods for rest.

Arbitrage practice

The court dealt with the company's appeal to cancel the earlier conclusion on violation of the procedure for providing the employee.

In the course of the discussion, it was found that the state supervisory authority took measures against the company due to the fact that one of its employees was provided with a vacation of less than the duration specified by the current regulations.

The head of the organization did not agree with this and applied to the court to annul the measures of influence. However, the court did not cancel the measure.

The representative of the company explained that the employee's request for a period of rest for the manager had not been received. For this reason, the latter, by his decision, established the sequence and duration of the break, coordinating everything with trade union organization, as required by the norms of the Labor Code.

Nevertheless, the court official drew the attention of those concerned to the fact that the current regulations provide for the agreement only of the granting of a break, but not its duration. The duration of the vacation period should not be less than twenty-eight calendar days, and only fourteen have been identified.

Having studied all the information and data provided, the judge ruled that the company's request was dismissed.

You will 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 regarding holidays, as well as their transfer or refusal to provide certain types for some reason. The decision on the issue of a possible refusal by the employer to a subordinate on vacation depends on the specific situation. The general rule is that refusal of a timely and correctly executed application is a violation of the right to rest and is therefore illegal.

And if the employer still refuses to take vacation, what should I do? In the absence of a proper basis for this, its 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. The right to legally take a rest can be used by employees whose work experience in the company exceeds 6 months. After this period, the employee may be granted rest at his request, or he is included in the vacation schedule for the next calendar year. It is this document that regulates the procedure for granting annual paid holidays 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 17th. All employees are introduced to the order of vacations under the signature.

Can they refuse early leave?

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

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

Who are these beneficiaries? The right to take early leave belongs to:

1. Minors.

2. Women going on a "planned" decree.

3. Those who have adopted a 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 is eligible

Additionally, we are talking about:

1. Veterans and invalids of the 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 to the duties of the employer. If he complies with the procedure for granting annual paid holidays, the law is not entitled to oblige him to provide an ordinary employee (not a beneficiary) with rest before working out a six-month period of service.

Is it possible to refuse a vacation according to the schedule?

For each calendar year, a schedule of planned vacations with the order in which they are granted 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. And can the employer refuse to leave in spite of 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, the authorities are given the right to transfer the 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 according to the law is also possible for the next year. But here we should not forget about the ban on a two-year period of work without official rest. In addition, holidays are not transferred to minors working even if they consent.

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

But this does not apply to situations in which subordinates request vacations at other times that are not documented. If an application for an "out of turn" leave is submitted without special grounds, this may be the reason for a completely legitimate refusal.

Sometimes we are talking about the division of 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 agree this way - the head of the vacation refuses, but in return he offers to pay compensation in cash for the entire period. According to the law, this is impossible. Although the Code provides for the option of paying monetary compensation instead of the unrealized right to rest, it is allowed to pay in cash only for the time that exceeds the annual mandatory period of 28 calendar days.

For example, with a vacation lasting 35 days, the employee own will has the right to receive compensation for a period equal to 7 days. And, we recall once again, such a replacement of vacation days with money can take place only at the initiative of the employee, and not the authorities.

Leave without pay - a sample and important nuances

The so-called administrative (or unpaid) leave can be taken by an employee at any time. This does not depend on the length of the work experience. The payment is not saved. To obtain one, an employee should send an application to the employer with a request and, most importantly, a request-justification, that is, explain the need for such. The refusal or consent depends on how important the motivation of the employee seems to the authorities.

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

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

2. The limit of days "without maintenance" regulated by law has not yet been exhausted by them.

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

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 labor duties, he is granted the right to annual leave without pay for 14 days.

4. To widows or widowers who died in the service or as a result of injury, illness, injury, which happened for an industrial reason. Here the limit is also equal to 14 days.

5. Five days annually without fail it is supposed to give to the one who had the birth (death, marriage) of a close relative.

This list, established by Article 128 of the Code, is not exhaustive. Additional warranties in social sphere possible in some legislative acts and domestic normative documents employer companies. Most often, employees are rarely denied vacations at their own expense.

Let's talk about holidays for women

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

According to the Labor Code, all women are guaranteed the right to use maternity leave, as well as long-term leave to care for a baby up to his three years of age. But in real conditions, the rights of pregnant women and young mothers are very, very often violated.

Can they not let me go on another vacation on the eve of the decree?

Can an employer refuse to leave a pregnant employee who is going on maternity leave, citing the upcoming decree (and such situations are not uncommon)? It should be clearly understood that such a refusal refers to the most flagrant violations. labor law.

In fact, the fact of pregnancy "works" not for the employer, but for the employee. She goes into the category of "beneficiaries" and can request to receive next vacation off schedule.

Quite legal and very convenient for the expectant mother is the option of going on maternity leave immediately after the next vacation. If the authorities refuse 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 her next vacation in the most general case (when we are not talking about a decree yet). The employer may not let an adult employee 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 the boss not let the employee go on maternity leave?

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

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

Leave to care for a child general rules, are provided until the moment when the baby reaches the age of three. Their duration is not necessarily equal to exactly three years. A woman has the right to apply for such leave on any day of the specified period. Vacation ends automatically on the next day (working) after the three-year date of birth of the baby.

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 (rather modest, in the form of social benefits) 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 is three years old. But sometimes, for family reasons, she needs to return to maternity leave again. The employer may be against such a decision.

The law determines that such a refusal refers to violations prescribed in the Labor Code social guarantees. That is, by interrupting the decree ahead of schedule, a woman is not deprived of the right to re-leave on the same vacation if necessary.

What waivers are legal?

The main part of the provisions of labor legislation is focused on protecting the interests of workers. But it also contains norms that do not allow abuse of their rights by employees. These include the list of those situations where the employer's refusal to leave is legal.

So let's list the reasons why legal grounds you will be denied rest at the time that you have chosen for yourself:

1. An employee who is not related to preferential category, a vacation was requested during the first half of the implementation job duties.

2. An application in writing, duly executed (if such is accepted in the organization) was not submitted on time. There is no need to write an application if vacations are granted according to a pre-arranged schedule. At the same time, it is enough to familiarize the employee in advance - 14 days in advance.

3. If the employee intends to issue a dismissal immediately after the requested leave.

4. When 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 denied, be sure to ask the reasons. Knowing them, you can easily figure out how legitimate the actions of the leadership are.

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

Such holidays 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. An employee receives an education of the appropriate level for the first time. What does this mean practically? If a part-time student who does not yet have a higher education works, he is entitled to student leave. But with the finished higher education he can apply for one only when studying in a magistracy or graduate school.

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

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

4. It is provided only subject to state accreditation of that educational institution where the employee is educated.

5. An obligatory document attached to the application for study leave is a certificate-call 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 by the employee, but nevertheless he is denied student leave, the actions of the authorities can be considered as a violation of labor laws, and it can be appealed in the prescribed manner.

9273 lawyers are waiting for you

Hello, I work in trading company, 5.09 in our store acceptance-retake, takes office new director. I am a merchandiser and I am denied leave on September 23, allegedly due to production needs. A merchandiser will remain at the store, there is personnel reserve with new merchandisers, but they need me, because I fully know the intricacies of working in this store. How to be in this situation?

Lawyers Answers

best answer

Berezutsky Vladimir Nikolaevich(08/27/2013 at 17:40:13)

Good afternoon. Yes, indeed, in accordance with Article 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted is determined by the vacation schedule approved by the employer. But many employers, contrary to this requirement of the law, do not draw up and do not approve vacation schedules. Unfortunately, your question does not indicate whether there is such a schedule in your organization. In order not to repeat what colleagues correctly pointed out, I will consider a situation that you may have - in the absence of a vacation schedule.

As indicated in the same article 123 of the Labor Code of the Russian Federation, the employee must be notified against signature of the start time of the vacation no later than two weeks before it starts. Of course, if there is no schedule, no one notified you about the start of the vacation. You write that you have been denied entry since September 23. In this regard, questions arise: did you apply to the employer with a written application for granting you leave from September 23? whether they issued an order unified form T-6? Are you familiar with this order against signature? If all this happened, then, as your colleagues correctly pointed out, you must be granted leave from September 23. What if there was no such order? Then, in the absence of a vacation schedule, notification of you about the start of the vacation, your application and order to grant you vacation, you have no legal grounds to demand vacation from September 23. Do you understand? In such a situation, you are forced to continue working until you are approved for leave. It should be noted here that the unauthorized exit of an employee on vacation is absenteeism, that is, a gross violation of labor duties, for which the employer has the right to apply this type of disciplinary action, as a dismissal (subparagraph "a", paragraph 6 of article 81 of the Labor Code of the Russian Federation).

Nikolai Nikolaevich(27.08.2013 at 12:03:54)

Hello! No business need can affect your vacation. The right to rest is guaranteed by the Constitution of the Russian Federation, no one has the right to infringe on it and not under any pretext. HERE IS THE RELEVANT ARTICLE REGULATING HOLIDAYS. Article 122 RF. The procedure for granting annual paid leave Paid leave must be granted to the employee annually. The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months. (As amended by N 90-FZ of 30.06.2006) Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: to women - before maternity leave or immediately after it; employees under the age of eighteen; employees who have adopted a child (children) under the age of three months; in other cases stipulated by federal laws. Leave for the second and subsequent years of work may be granted in any year in accordance with the order of granting annual paid leaves established by the employer. Since you have a serious company FOR A MONTH BEFORE THE YEAR IN WHICH VACATIONS WILL BE GRANTED, THE SCHEDULE OF VACATIONS SHOULD BE DEVELOPED AND PUBLISHED FOR PUBLIC VIEW. According to this schedule, you must go on vacation. Deviation from the schedule is possible only at your request, and not at the initiative of the employer. Therefore, if the manager insists on continuing work and postponing the vacation, you can contact the labor inspectorate, they will check and point out violations. THE LAW IS ON YOUR SIDE! SUCCESS IN DEFENDING!

Khorokhordin Evgeny Vasilievich(08/27/2013 at 12:05:15)

Good afternoon. Firstly, you must make a fundamental decision whether you will argue with the employer (I think you are aware of the possible consequences).

Secondly, the application you submitted is not the obligation of the employer to provide you with leave within the time periods specified in the application. To do this, there must be an approved vacation schedule.

Mikhailovsky Yuri Iosifovich(27.08.2013 at 12:13:29)

Good afternoon!

Article 114 of the Labor Code Russian Federation. Annual paid holidays

Employees are granted annual leave while maintaining their place of work (position) and average earnings.

Article 122 of the Labor Code of the Russian Federation.

The procedure for granting annual paid holidays

Paid leave must be granted to the employee annually.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

in other cases stipulated by federal laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.

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

Article 124 of the Labor Code of the Russian Federation.

Extension or postponement of annual paid leave

It is prohibited not to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous conditions labor.

In Russia, the violation of labor rights is widespread. You can apply for applications at State Inspectorate for the work of your region, to the Prosecutor's Office, to the Court (state duty is not charged)

Zhvakina Veronika Alekseevna(08/27/2013 at 12:20:12)

Hello, in accordance with article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees employed in jobs with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

So you should be given notice of the postponement of your vacation, and if you do not agree with it, then write a memo in which you reasonably state your disagreement. See for yourself whether it is worth going into conflict with the leadership because of the vacation, if it is, then take the risk.

Good luck to you. If you liked the answer, please leave a review.

Can an employer refuse to let an employee go on vacation? In some cases yes, in others no. But before understanding 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 holidays

Let's start with the fact that each employee has the right to an 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 Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 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 how many and how many days each employee of the organization will go on vacation. The schedule reflects both, and assigned to employees.

Scheduled vacation

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

It happens that an employee becomes an indispensable employee while already on vacation. Then we are not talking about the transfer of vacation, in about. And that's a completely different story.

Leave on request

If the employee is going to go on vacation not in accordance with the schedule, but simply on application, then the employer has every right to refuse him. And it does not in any way violate the rights of the employee. Because the issue of providing unscheduled vacations is always decided by agreement between the employee and the management of the organization.

Accordingly, if an employee, without the consent of the employer, decides to go on vacation 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 comply with the entire procedure for bringing the employee to disciplinary liability.

When an employer has no right to refuse an employee a vacation

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

• annual paid leave granted to a woman before maternity leave or immediately after it, or at the end of parental leave. An employee must be released on vacation on the basis of 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 individuals who combine work with 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 or an area equivalent to it. We are talking about the leave required to accompany a child under the age of 18 entering the study 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 vacation "at a convenient time 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 granted 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 refuse them leave on their own initiative. Such a privileged position in the following categories:

• 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 the age of 12. They have a priority right to receive annual leave in the summer or other time convenient for them (paragraph “b”, paragraph 3 of the Decree of the Central Committee of the CPSU, the USSR Council of Ministers of 01.22.1981 No. 235, Order of the USSR Council of Ministers of 10.30.1985 No. 2275r, Decision of the 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 rest of the vacation at any time convenient for them during the current year or to add it to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation);
• . They have the right to take leave from work part-time at the same time as annual leave provided at the main place of work (Article 286 of the Labor Code of the Russian Federation);
• one of the parents (guardian, guardian, 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 the Law of May 27, 1998 No. 76-FZ);
• honorary donors of Russia (clause 1, part 1, article 23 of the Law of July 20, 2012 No. 125-FZ);
• some categories of Chernobyl victims (clause 5, article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1).

The employees named above may use their leave without the consent of the employer. This means that even if the company's management is against it, and despite this, the employee goes on vacation in the period of time he needs, dismissing him for absenteeism would be the wrong decision. After all, it is likely that after this the employee will be restored to work by a court decision. And then the employer will have to pay him not only the average earnings for the period from the day the employee was dismissed until the day he is reinstated at work, but it is also possible compensation for moral damage if the employee declares it in court and the court supports him (Art. 234, 237 of the Labor Code of the Russian Federation, paragraphs "e" p. 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

"Compulsory" unpaid leave

There are also such workers who, on the basis of their applications, must be granted leave without pay. The relevant 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.