Restriction of deductions from wages Article 138 The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed and approved two weeks before the end of the current calendar year. Article 123 There are no restrictions for either the employee or the employer in such a situation. Backdating vacation schedule is not adjusted. At the written request of a new employee, he is granted the first leave at the time prescribed by law, if the parties labor relations no other arrangements specified.

the beauty

Therefore, in 2018, the last day of its signing is December 17. At an enterprise that has trade union body, it is obligatory to take into account his opinion when drawing up the document.

Attention

If it is necessary to postpone vacation days, the changes must be coordinated with the employees concerned. Attention! The employer is obliged to give each employee vacation during summer time at least once every four years.

Info

If at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be provided with mandatory rest after employment for the next calendar year. If the employee has the right to use the first vacation before six months of work and has expressed a desire to use it, it is necessary to include his vacation in the general schedule.

Can an employer force you to go on vacation?

Important

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. 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.

120 of the Labor Code of the Russian Federation: 4. The employee has the right not only to be granted leave. but also to replace it with monetary compensation (decided at the discretion of the management).

What should an accountant and personnel officer do if the employee does not want to go on vacation

All vacationer earnings are divided by the required number of months (12 or 3) and divided by 29.6 - the average monthly amount calendar days established by law. total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Similarly, monetary compensation for unused annual rest is calculated in the event of an employee's refusal or dismissal. An application is required to receive compensation.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance.
It is prohibited to transfer the payment to the next business day. For violation of these rules, the employer bears administrative responsibility. Article 136

What to do if an employee does not want to go on vacation

Article 122 establishes that the first paid vacation period is due to the employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month.

In accordance with Art. 115 total duration of rest - 28 days. Article 115. Duration of the annual basic paid leave With the approval of the employer, the first leave may be granted even before six months of work. Article 122

The employee divides the vacation into parts of less than 14 days

The commission of an administrative offense provided for by part 6 of this article by a person who has previously been subjected to administrative punishment for a similar offense, if these actions do not contain a criminally punishable act, shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles or disqualification for a period of one to three years; on persons carrying out entrepreneurial activity without formation of a legal entity - from ten thousand to thirty thousand rubles; on the legal entities- from fifty thousand to one hundred thousand rubles. 2) According to Art.

If the employee does not want to go on vacation

By general rule the total duration of the annual vacation period is 28 calendar days. Certain categories of workers have the opportunity to receive additional days of rest:

• working under dangerous or difficult conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• underage workers;
• workers on irregular days.

Other cases are possible extra days provided for federal laws or local regulations.

The employer gives his consent to the employee's leaving on vacation if he has a replacement for another specialist or he can temporarily do without him. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e.

more than he actually earned. Previously, such a possibility was out of the question.

Lawyer Alexander Arutyunov: is it possible not to go on vacation?

The procedure for granting annual paid holidays For certain categories of employees, it is due, regardless of the duration of work at a particular enterprise:

• citizens under the age of 18;
• employees who are expecting a baby;
• employees who have adopted children under the age of 3 months;
• other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Attention! Leave is given to the designated categories of employees on the basis of personal applications indicating and official confirmation of the right to early rest. The employer does not have the right to refuse even in case of an urgent production need for them.

Some employers are inclined to believe that after six months of work, vacation should be taken partially. However, this position is misleading.
Under the law, the employer has no reason to force the employee to use the right to maternity leave. That is, if a woman has not written an appropriate application, thereby expressing a desire to continue working, the employer cannot prevent her from doing so.
Maternity leave is a woman's right, not her duty, so she herself has the right to determine when she is ready to use it. At the same time, one should not forget that if a woman goes on maternity leave later than the date indicated on the sick leave, then its period automatically becomes shorter, which entails a decrease in the legal benefit for this circumstance.

Is an employee required to go on vacation for 2 weeks?

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days needed by the vacationer. Payment is made after notification of the employee and before the first day of vacation. The enterprise issues an order containing information on the number of vacation days provided, their dates. The vacationer must familiarize himself with it against signature. If it is not possible to familiarize the employee with the order personally, a special notification is sent to him. The amount of vacation pay is calculated by the accounting department based on the average earnings for the last year of work. The previous three business months may be used in the calculation. Earnings include not only the basic salary, but also all bonus payments, remuneration, allowances.
Naturally, employers try to avoid such privileges, since the risk that an employee will not return after receiving payment in advance is very high. To protect the employer, the law provides for the possibility of collecting debts from a subordinate for used, paid, but not worked vacation days.

But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage suffered. The procedure for registration and payment in 2018 The official local document of the organization that regulates the procedure for employees to go on vacation is the vacation schedule.

It promotes compliance effective work enterprises and the prevention of missing legal rest. After all, the duty to control the use of vacation days by staff is assigned to employers. The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation).

If the company has structural divisions, the application must be signed first by the head of the division, and then by the head of the company (Instructions, approved by the post of the State Statistics Committee of Russia dated 05.04.2001 No. 1). We draw up personnel documents Next, an order is issued to amend the vacation schedule (see Fig. 2). The form of the vacation schedule T-7 (approved by the post of the State Statistics Committee of Russia dated 04/05/2001 No. 1) provides for the possibility of transferring the vacation to other dates. If the employee's vacation period changes, the personnel officer (or the person responsible for maintaining personnel documents) fills in columns 8 and 9 "Transfer of vacation". In column 8, you must indicate the name of the document on the basis of which the rest period changes. As a rule, this is a statement of the employee indicating the reason for the transfer (health, family situation, etc.).

The employee goes on vacation outside the schedule

Under the law, the employer has no reason to force the employee to use the right to maternity leave. That is, if a woman has not written an appropriate application, thereby expressing a desire to continue working, the employer cannot prevent her from doing so. Maternity leave is a woman's right, not her duty, so she herself has the right to determine when she is ready to use it.

The employee goes on vacation outside the schedule

Attention

At the same time, employers believe that they do not violate the ban on not providing vacation for more than two years in a row, since the employee took at least one part of the vacation. This is the wrong approach. The fact is that the legislation does not provide for an annual basic paid leave of less than 28 calendar days. Even taking into account the division of vacation into parts, these 28 days must be used in full.

At the same time, employees must remember that the unauthorized use of vacation, as well as its postponement without the consent of the employer, is legally qualified as absenteeism and may become the basis for the employer to apply to the employee disciplinary action. Opinion 2: Irina Sidorova, Financial Advisor law firm"Taxman" If the employee came in the middle of the year The vacation schedule is drawn up in advance, so if the employee started working in the company not from the beginning of the year, there will be no data on his vacation in the schedule for the current year. However, this cannot be a reason for refusing a new employee on vacation.

He has the right to write an application for leave and, if the employer gives his consent, take it off at a convenient time for himself and the employer. The visa of the head of the enterprise on the application will be a confirmation of the agreement reached on the vacation period.

What to do if an employee does not want to go on vacation

Info

The right to leave: requirements for employers According to the law, the vacation schedule must be drawn up in advance, that is, two weeks before the new year, around mid-December. Usually, employers approach this very responsibly, so violation of the vacation schedule is not the most in the best way affects production processes. The vacation planning norm is spelled out in the Labor Code of the Russian Federation and is mandatory for both parties to labor relations.

If the employee did not go on vacation according to the schedule, what to do

At the same time, employees must remember that the unauthorized use of vacation, as well as its transfer without the consent of the employer, is legally qualified as absenteeism and may become the basis for the employer to apply a disciplinary sanction to the employee. Opinion Irina Sidorova, financial consultant of the legal company "Nalogovik" If the employee came in the middle of the year The vacation schedule is drawn up in advance, so if the employee started working in the company not from the beginning of the year, there will be no data on his vacation in the schedule for the current year. However, this cannot be a reason for refusing a new employee on vacation.
He has the right to write an application for leave and, if the employer gives his consent, take it off at a time convenient for himself and the employer. The visa of the head of the enterprise on the application will be a confirmation of the agreement reached on the vacation period.
The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager. The schedule of annual paid holidays is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation.

However, sometimes employees, for personal reasons due to circumstances that have arisen, want to change the planned vacation period. How to be an employer in such a situation and what documents need to be issued, the experts of the Actual Accounting magazine told. The decision is made by the employer. To go on vacation outside the schedule, the employee must write an application in any form (for an example of an application, see below).

in fig. one). It must indicate the new start date of the vacation and the reasons for its transfer.
The schedule is approved no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation). In this case, it is imperative to take into account the opinion of the trade union (if it exists in the organization). When an employee goes on vacation not according to the schedule The vacation schedule is mandatory for the employer and employees. However, there are often situations when they ask to transfer vacation days to another period. The decision to transfer is made by the manager. The annual paid schedule is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation. However, sometimes employees, for personal reasons due to circumstances that have arisen, want to change the scheduled period. Can they be sent on vacation without the consent of the employee and fired for refusing to go on vacation. The working year is over, 14 days left. Compensation for unused is very small, a maximum of three weeks is paid, and more often 12 -18 working days.

Vacation schedule In practice, they often do this: if an employee belongs to a category that is supposed to provide vacation at a time convenient for the employee, then the vacation schedule does not change. In this case, they simply fill in the columns containing the actual vacation date, the reason for its transfer and, if necessary, a note in the existing document. If the employee does not have privileges to choose the date of vacation, then by decision of the employer, an order is issued to change the vacation schedule.

In some cases, the schedule is not changed if the employee went on vacation earlier than the planned date (they simply fill in the appropriate fields in the existing document).
Vacation schedule. What nuances will help to avoid violations of labor laws Why is a formal approach to the vacation schedule dangerous for companies Do you need a vacation application if the employee is resting according to the schedule How to properly arrange the provision of vacation not according to the schedule December is the traditional time for scheduling annual paid vacations for the next calendar year. The form of this document (No. T-7) was approved by the Decree of the State Statistics Committee of Russia dated 05.01.04 No. 1 On approval unified forms primary accounting documentation for the accounting of labor and its payment and is mandatory for all companies, regardless of ownership. In practice, many treat the design of a vacation schedule as a mere formality, believing that only the very fact of its existence is important in case of a labor inspectorate check.

What is the main document for granting leave to employees? What to consider when scheduling vacations? What are the features of the transfer of vacation and for how long can it be transferred? How long do employees have the right not to take annual leave? In what order are non-holiday holidays used? What should an employer do if an employee refuses to take vacation? What documents should be drawn up? Can an employee be disciplined?

All permanent employees without exception have the right to rest for at least 28 calendar days. And if one of such a number of days is not even enough, then others do not go on vacation for years. But this is not only inconvenient for the employer and, in particular, for personnel officers, but is also fraught with administrative responsibility. About how many years an employee may not go on vacation and what the employer should do if some employees do not use their annual vacation, we will talk in the article.

BASIS FOR VACATION.

According to Art. 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization not later than 2 weeks before the start of the calendar year in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation.

At the same time, the vacation schedule is mandatory for both the employer and the employee.

Scheduling vacations is a rather responsible matter, especially if the organization has a large staff of employees. In such cases, first, as a rule, graphs are drawn up in structural divisions, and then a summary graph is generated. The drafting of the vacation schedule of the unit can be entrusted to the heads of these units. Based on the schedules presented by them, the personnel department draws up a consolidated vacation schedule. Moreover, the duty of the heads of departments to draw up a draft schedule is best fixed in the corresponding order.

If such powers are not granted to managers, they can simply collect their wishes from employees, on the basis of which and taking into account the requirements of labor legislation personnel worker already draw up a unified vacation schedule.

Note:

When drawing up a vacation schedule, one should take into account the right of certain categories of employees to leave at any time and the length of service to provide such a vacation. Do not forget to include in the schedule and unused vacations from previous years.

In addition, when drawing up the schedule, it will be necessary to take into account the wishes of other employees, and the order of vacations in the previous year, and the intensity of the labor process during the year, and the specifics of the organization's activities. We will have to try so that neither the interests of employees nor the interests of the employer are infringed. To avoid disputes, you can prescribe the procedure for granting holidays in the local normative act and familiarize employees with it.

After drawing up the schedule is signed by the head personnel service and approved by the head of the organization or an authorized person (signed). If the enterprise has a trade union, then the schedule must be agreed with it. Despite the absence of an obligation to familiarize employees with the approved schedule against signature, this must be done.

We repeat that all these activities must be completed no later than 2 weeks before the start of the new calendar year.

We recall that, in accordance with Art. 693 of the List of typical managerial archival documents generated in the course of activities government agencies, bodies local government and organizations, indicating the periods of storage, approved by the Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No.   558, the vacation schedule must be stored in the organization for 1 year. Moreover, the calculation of the period is made from January 1 of the year following the year of completion of office work. That is, the vacation schedule for 2017, approved in December 2016, expires on December 31, 2017. Therefore, you need to keep it for the whole of 2017.

HOLIDAY POSTPONED TO NEXT YEAR.

Annual paid leave can be carried over to the next working year. If such a transfer is carried out at the initiative of the employer in accordance with Part 3 of Art. 124 of the Labor Code of the Russian Federation, two conditions must be met:

• providing an employee with leave in the current working year may adversely affect the normal course of the organization's work;
• the employee agreed to carry over the vacation to the next working year.

The employee himself can also apply with a request to postpone the vacation for another period, including the next year. If the employer does not object, an order for such a transfer should be issued and changes should be made to the vacation schedule.

Leave postponed at the initiative of the employer must be used no later than 12 months after the end of the working year for which it was granted.

By virtue of h. 1 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, one of which must be at least 14 calendar days. The question arises: how many such parts should be in the next working year, if the vacation was completely transferred to this year? That is, should the employee use two vacations of 14 days, and the remaining 28 days in installments, or one vacation in the amount of 14 days, and the remaining 42 days in installments?

From the provisions of Art. 125 of the Labor Code of the Russian Federation, regardless of how many vacation days an employee uses during the year, it can be concluded that one of the parts of the vacation should be at least 2 weeks continuously, and the rest of the vacation time for both years can be divided into parts as agreed between the employee and employer.

Note:

Unused days of annual paid leave for previous periods, the employer must take into account when drawing up each new vacation schedule.

FOR HOW MANY YEARS HOLIDAYS MAY NOT BE USED?

In accordance with Art. 124 of the Labor Code of the Russian Federation prohibits the failure to provide annual paid leave for 2 consecutive years, as well as the failure to provide annual paid leave to employees under the age of 18 and persons employed in work with harmful and (or) dangerous working conditions.

That is, if, as a general rule, employees may not use annual vacation at least 2 years, then employees under the age of 18 and employed in jobs with harmful and (or) dangerous working conditions must use the leave every year.

Note:

Failure to provide annual paid leave for more than 2 years in a row, as well as failure to provide the unused part of annual leave when it is transferred within 12 months after the end of the working year for which it is granted, is a violation of labor legislation and, in case of verification labor inspectorate a fine may be imposed on the organization in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

If, nevertheless, it turned out that the employee did not use vacation for 2 years and he has accumulated 56 calendar days of vacation, should the employer give him 84 days next year or do they “burn out”? Of course, nothing "burns out", such a concept in labor law no. You will either have to give the employee a vacation of 84 days, or pay compensation for these days upon dismissal.

According to the Letter of Rostrud dated 08.06.2007 No.  1921‑6, if an employee has unused annual leave for previous working periods, then he retains the right to use all due annual paid holidays. Annual leave for previous working periods may be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer.

Note:

Earlier doubts on this issue arose in connection with the ratification of the Convention international organization Labor No. 132 “On paid holidays” (hereinafter referred to as the Convention) in accordance with Art. 9 of which the continuous part of the annual paid leave (at least 2 working weeks) is granted and used no later than within a year, and the remainder of the annual paid leave - no later than within 18 months after the end of the year for which the leave is granted.

On the basis of the Convention, some courts refused to recover compensation for unused vacations from those who retired. True, the reason for the refusal was that the employee missed the statute of limitations. Thus, the Supreme Court of the Republic of Karelia in the Appellate Ruling dated March 27, 2015 in case No. 33-1227/2015 noted that the period for claims for compensation for unused vacations is 21 months after the end of the year for which the vacation is granted (18 months (period in during which leave must be granted) + 3 months (the period for the employee to apply to the court)). The fact that the vacation in the calendar year is not granted in full size and compensation was not paid, should have been known at the end of each year of work, as a result of which the due leave was not granted.

The situation is simpler if the employee used the main part of the vacation every year in the amount of 14 days, and he accumulated the remaining unused parts of the vacation. Here, the Convention establishes that any part of the annual leave in excess of the established minimum duration may be postponed with the consent of the employee for a period exceeding 18 months, but not going beyond separately established limits (clause 2, article 9).

Thus, the remaining holidays can be used by the employee within the terms (periods) agreed with the employer. And in the event of dismissal, the employer will be required to pay compensation for all unused (accumulated) vacations (Article 127 of the Labor Code of the Russian Federation).

Nevertheless, the employer should not allow employees to arrears on vacations - primarily because working without vacation affects both the physical and the psychological state employee, as a result, labor productivity, immunity falls, the employee often goes on sick leave. Problems are possible, up to the point that an accident at work may occur.

In addition, when paying compensation upon dismissal, the employer may overpay if the employee’s salary has been increased over the past year, since compensation for unused vacation is calculated based on the average earnings for 12 months (Regulation on the peculiarities of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of 12.24. 2007 No. 922).

Note:

To avoid problems with unused vacation and payment of compensation, some employers, after 2 years without vacation, formalize the dismissal of the employee with the payment of compensation to him, and then again hire him. From a legal point of view, there seems to be no violations. But if this option is used constantly, then the inspectors may see a violation of the rights of employees: firstly, their length of service is interrupted for the next annual paid leave, and secondly, the employee may lose the rights to guarantees or payments established in the organization, for example, for continuous work experience.

ACTIONS OF THE EMPLOYER IF THE EMPLOYEE REFUSES TO HOLIDAY.

So, what to do if the employee does not use the vacation or does not use it in full, accumulating the remaining parts with the permission of the employer, and for what liability may come, figured out. But what if an employee doesn’t want to leave for either this or next year, and he has either one reason or another? Of course, you can enter the situation once or twice, but then the problems will have to be solved both directly by the personnel officer and the employer. Therefore, it is not worth letting everything go by itself. The employee should be brought to disciplinary responsibility, for example, to start with a remark, then a reprimand.

But for such punishment to be legal, certain requirements must be met.

1. There must be a vacation schedule signed by the head of the personnel department, approved by the head of the organization and agreed with the trade union, if any. It is also desirable that there be a signature of the employee confirming his familiarization with the schedule.

2. 2 weeks before the start of the vacation, according to the schedule, the employee must be notified of the start time of the vacation. Receipt of the notification must be confirmed by the employee's signature. If the employee refuses to sign the document, an act should be drawn up about this.

3. An order is needed to grant annual leave, which the employee is familiar with. If he refuses, this fact must be recorded.

4. Not later than 3 days before the start of the vacation, vacation pay must be paid to the employee (Article 136 of the Labor Code of the Russian Federation).

Note:

Do not forget that if the employee was not paid on time for the annual paid vacation or the employee was warned about the start time of this vacation later than 2 weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the vacation for another period agreed with the employee .

5. An employee's return to work during vacation must be recorded in acts.

6. Bringing to disciplinary responsibility is carried out in accordance with Art. 192 and 193 of the Labor Code of the Russian Federation.

Well, if the employee still continues to go to work during his vacation, give him written notice that the time of his stay at work is not subject to payment, since he is on annual leave according to the approved vacation schedule.

It is clear that bringing to administrative responsibility for refusing to go on vacation is an extreme measure intended for those who "maliciously" evade their right to rest, creating problems for the employer. In normal cases, you can meet the needs of an employee who asks to reschedule his vacation, if any. good reasons. Then the employee must write a statement and indicate these reasons in it.

If there is no longer an opportunity to postpone the vacation, and the employee’s refusal to rest suits the employer, then by sending the employee on vacation, for this period, conclude a civil law contract with him.

* * *

Summarize. If your employees flatly refuse to go on vacation, you can:

• postpone the vacation, except for the case when the employee did not go on vacation at all for 2 years;
• dismiss the employee, paying him compensation, and then accept (we do not recommend abusing this method);
• to issue a vacation, and to conclude a civil law contract for work or the provision of services with the employee;
• issue a vacation, and bring the employee to disciplinary responsibility.

Some employers give employees vacation time. This, in principle, does not contradict the law, but it will provide unnecessary questions for inspectors.

We also remind employers that you cannot refuse to grant scheduled leave, except in cases of operational necessity and with the written consent of the employee. And if the employer illegally refuses to leave the employee and he went on vacation without permission, he cannot be fired for absenteeism (paragraph “e”, paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts Russian Federation Labor Code of the Russian Federation).

For the vast majority of employees, vacation time is a long-awaited and joyful period. The right to rest is guaranteed by the state and employers are obliged to regularly provide legal leave to subordinates. True, sometimes this rule is violated, and if the neglect of it by the employer can sometimes still be somehow explained, then the cases when the employee, for some reason, does not want to go on vacation, are non-standard and not always explainable. However, regardless of the reason, the refusal of an employee to leave for the management and personnel department of the enterprise is always a headache.

The right to leave: requirements for employers

According to the law, it must be drawn up in advance, that is, two weeks before the new year, around mid-December. Usually, employers approach this very responsibly, so a violation of the vacation schedule does not have the best effect on production processes.

The vacation planning norm is spelled out in the Labor Code of the Russian Federation and is mandatory for both parties to labor relations. The presence of a schedule allows you to take into account the interests of all employees of the enterprise, as well as its management, and at the same time ensure the continuity of the performance of labor tasks.

That is, in fact, the law does not leave the employee the right to refuse leave at his own discretion or to transfer it to any other periods. On the contrary, the Labor Code of the Russian Federation (Article 124) strictly regulates the time at which the right to rest must be exercised - no later than 12 months after the advent of the year to which the vacation belongs.

To avoid the temptation for an employee to refuse leave at the most inopportune moment, lawmakers have developed a procedure for granting leave. In particular, a specialist in the personnel department of the enterprise two weeks before the start of the vacation must notify the future vacationer about this in writing. This paper, signed by the employee, is, one might say, a receipt that he agrees with the terms and date of the vacation and is ready to use it at the appointed time.

Attention! If the employee refuses to sign a notice of leave, it is necessary to draw up an act of refusal with familiarization. This document will protect the rights of the employer in case of disputed judicial situations.

The employee does not want to go on vacation: options for solving the problem

If the employee is persistent and does not want to leave his workplace at the time planned in accordance with the vacation schedule, the management of the organization has the right to go in several directions.

1. Can reschedule vacation, but only if the employee has good reasons with an evidence-based documentary base. This option is a compromise and the most sparing for both parties. In addition, the employer is obliged to postpone vacation days if the employee did not bother to warn about the vacation a day of the week before him in writing against signature, and also if he was paid vacation pay later than the statutory deadline. However, it is worth remembering that the transfer of vacation will not be possible if the employee has not gone on vacation in a row for more than two years.

   Attention! If an employee refuses to go on vacation and no persuasive measures apply to him, the employer has every right to bring him to disciplinary responsibility for ignoring the order of the head.

2. An employer may provide a subordinate weekend vacation. According to the law, not only working weekdays, but also weekends, with the exception of holidays, are considered calendar holidays. non-working days, which are not related to vacation and are not paid. In other words, if an employee expressed a desire that the vacation be granted to him on weekends, then the employer can meet him halfway and count Saturdays and Sundays as vacations, which will need to be paid. Here it is required to observe only one important condition: the vacation can be divided into an unlimited number of periods, the main thing is that one of them should be two weeks long.
3. Another option used is fire an employee and then hire him back to the staff of the company. This method will avoid the employer possible problems during inspections by the labor inspectorate, as well as to observe the rights of all parties to the labor process. positive side here is the fact that neither the employee nor the employer should justify their decision in any way: the practice is such that the reinstatement of employees in their previous jobs has become not so rare, one might even say, a common occurrence. But you need to remember that the employee is entitled to monetary compensation for unspent vacation, which does not depend on the grounds for which the employment relationship was broken, therefore, upon dismissal, the employee will have to pay this money in full and without fail.

An employee does not want to go on a free vacation

It happens that firms are faced with the need to send all their employees for some time to. For an enterprise, this can be in a good way get out of trouble financial position, but at the same time, employees, as a rule, are not at all happy with such a prospect. How to be in such situations?

By law, an employer is not entitled to unilaterally send employees to unpaid leave. Such a measure is possible only with the voluntary expression of the will of the employees themselves and after they write the appropriate written statements with a clear indication of the duration and timing of such vacations.

Moreover, if an employee demanded leave without pay, the employer, by law, does not have the right to refuse him at all. Otherwise, it will be considered a serious violation. labor rights personnel and may result in administrative penalties and fines.

If an employee does not want to go on maternity leave

Maternity leave is the legal right of every working woman to prepare for the birth of a child in calm conditions, outside the working process. However, there are cases when employees of enterprises refuse to go on such leave within the time limits established by law.

Under the law, the employer has no reason to force the employee to use the right to maternity leave. That is, if a woman has not written an appropriate application, thereby expressing a desire to continue working, the employer cannot prevent her from doing so.

Maternity leave is a woman's right, not her duty, so she herself has the right to determine when she is ready to use it.

At the same time, one should not forget that if a woman goes on maternity leave later than the date indicated on the sick leave, then its period automatically becomes shorter, which entails a decrease in the legal benefit for this circumstance.

Despite the fact that control over compliance with the right to leave by law falls on the shoulders of the employer, employees, due to any circumstances, may violate the implementation of this obligation by the management of the enterprise. In this case, the problem may have several solutions, however, all of them will require bilateral negotiations and any kind of agreement.

In rare cases, employers may have a question about how to send an employee on vacation if he does not want to rest. Quite often, you can encounter the opposite problem if a person wants to take days off, but the authorities do not allow. When it comes to the legal right to leave, then such actions on the part of management can be considered illegal. But what if the employee for some reason refuses to rest? Now let's figure out what is this problem and how it can be solved.

Basic moments

As a rule, people are waiting for their vacation according to the schedule, because at this time you can go somewhere or at home to recuperate, while receiving money. But there are also individuals who do not go to any. First of all, you should talk to them in order to understand what justifies such behavior. But it is also necessary to remember the legal requirements regarding labor.

All officially employed people are entitled to annual leave, and its period must be at least 28 days. The schedule is drawn up in advance, usually two weeks before the new year. Moreover, the management is not obliged to comply with the wishes of the people, and can independently decide in what period a person will go to rest. In some cases, the person may agree to reschedule the date or split the deadline into several parts. However, the authorities are not obliged to agree to this.

If it is not possible to send an employee on vacation, then problems may arise because of this. Because in accordance with labor code the boss must let the person rest at least once every two years. After all, the time allocated for time off can be realized no later than 12 months after the year when it appeared.

Important! Note that the authorities are obliged to notify the person that he will soon be able to rest, exactly 2 weeks before the planned date. If this is not done, then the leadership may already have problems with the state, so it is necessary to draw up and issue a notice in a timely manner.

Now let's deal with the situation when the bosses have a question what to do when the employee refuses. If the conversation did not help, then you will have to move on to extreme measures. Because in this case, the employee is already violating the law and can answer for it.

Actions:

1. If a person decides to refuse a vacation, and at the same time does not want to sign a notice, then he will have to draw up a special document. It is called an act of refusal to familiarize. He will be able to protect the rights of the organization if the case goes to court. It is imperative that employees sign the document as witnesses.
2. The employer has the right to sue an employee for violation labor discipline and charge for it. Because a refusal to go on vacation can be considered disobedience to superiors.

There are ways to solve the problem more peacefully, so as not to involve the court. Therefore, it is recommended that you first try to prevent a conflict, and if it does not work out, then hold the employee accountable.

Solution

Most often, if an employee does not want to go on vacation, there is a certain reason for this. It may happen that he is not satisfied with the date appointed by the head. If he has valid reasons with an evidence base, then you can move the day off to another time. This must be done if the organization has not notified about time off for two weeks. The same will need to be done if vacation pay is paid later than expected. But we recall that the transfer is impossible for a person who has not rested for more than two years.

Is there any other way to solve the problem? It is possible to provide days off on official days off. However, holidays that are not paid should be excluded. You can count for vacation Saturdays and Sundays, if the employee so desires. However, they must be paid for. But it is worthwhile to understand that although time off can be divided into several times, it is important that one of them be at least two weeks.

If you refuse to rest, you can also write a letter of resignation. At the same time, after the reduction, the person will immediately be accepted for the same position. This is done so that the employee can be relieved of the need to use time off. Instead, you can get monetary compensation for unused days. As a result, the organization will be satisfied, and the employee who will receive the money instead of a holiday period.

Every woman has the right to sick leave for pregnancy and childbirth. His term in a normal situation is 70 days before the planned date of birth of the child and 70 days after that. The term can be increased in case of multiple pregnancy or complicated childbirth.