Can they not let me go on vacation. How to go on vacation if the employer does not let go. When an employee can take a vacation at a convenient time

Recent events prompted me to write this article. The problem was related to the fact that the employer did not let go on vacation. Yes, I am aware that everyone has the right to an annual vacation, but what to do if they do not give a vacation and also threaten to be fired.

My situation is pretty commonplace and ubiquitous. Employers do not want to hire permanent employees, other citizens and pay extra money for vacation time, therefore they are taking a variety of measures to keep the employee in his place.

I was simply told that there was no way to go on vacation. Another employee, my colleague, has not yet returned from vacation, which means that there will be no one left in the office. As a result, I was left without rest and did not really understand what to do. A week later, my partner returned, and I went on vacation.

The mood was ruined, I was late for a trip with friends, and in order not to get into such a situation again, I decided to study this question in more detail, and now, I am writing a note. I hope the results of my mini-investigation will help other people in a difficult situation.

Unfortunately, many Russians, at least once, but faced in their lives with a situation where the authorities simply do not let go on vacation. Despite the fact that such actions are legally regarded as a serious violation and are punishable by a fine, employers often take such a step, hoping that the employee will not complain. It happens that the threat of dismissal or other methods of influence are used.

To understand whether the employer can not let the employee go on vacation on schedule, you should first decide what the vacation period is and who is entitled to it. According to the labor code, every citizen, once a year, can exercise his legal right and go on vacation.

The minimum period for such a period is 28 calendar days. In small firms, often, employees and management agree on the given moment orally and in the future, everyone goes to rest at the chosen time. On large enterprises the situation is somewhat different.

In order not to violate the rights of employees and so that every citizen can rest during the year, a special schedule is formed.

The document indicates the holidays of all employees of the company, and the employees are familiarized with the dates against signature. On final stage the execution of the schedule is assured by the employer, which automatically assumes responsibility for its compliance.

If the schedule indicates specific periods of vacation, then its non-use, possibly only with the personal statement of the employee and provided that in the previous period citizens had a full rest.

How to act if they don't let you rest

It is useful for every employee to know how to go on vacation if they are not released at the place of employment. This information is especially necessary for a situation when vacation is not given, in the period fixed using a standard schedule.

The actions of a citizen should not contradict the provisions of Russian legislation and be clear, namely:

require the employer to fulfill the obligations assumed by him after signing the vacation schedule;
indicate that the right to rest is laid down by law and must be provided to every citizen after six months of work;
the rest period necessarily fits into the general schedule and is approved by a special order. Every employee must be familiar with it. If there are no such documents, then the issue of vacation is agreed with the employer.

It should be pointed out that the use of statutory leave is not just the employee's right, but the employer's obligation. The solution to the issue is regulated by law.

Should you compromise with your employer?

The easiest way to solve the problem is to contact the manager. It is quite possible that we are talking about a misunderstanding, and it will be possible to cope with the situation with the help of polite conversation. You should never refuse this method, because according to statistics, at least 40% of situations are settled like this.

Even if the employer is not happy with the employee's upcoming vacation, it is always possible to find a compromise. The option in which the plans of the management and the employee will not be violated will be easily found if the parties constructively discuss the problem.

There are many cases that it is the loyalty of employees and the provision of the manager with the opportunity to move the rest time to an earlier or later date that allows to resolve the conflict and make a decision that satisfies each of the parties to the labor dispute.

Another compromise option is when an employee takes during rest to perform urgent work... This allows you to ensure the continuity of the work process and get the citizen the prescribed period of rest.

Unfortunately, agreement may not be reached. The boss simply refuses to sign the vacation application. Here the employee has no choice but to contact the labor inspectorate. Such actions include an audit of the company's work and a fine of 50 thousand rubles.

The leader himself will be fined 5 thousand rubles. Thus, the answer is yes to the question of whether leave can be denied, but for such violations the company and the director personally face a fine.

Conclusion

Refusal to take legal leave may lead the company and its management to a serious fine and cause a large-scale inspection.

Contacting the labor inspectorate is a radical step on the part of the employee, but they resort to it only in case of complete refusal from the management to provide rest. The easiest way to resolve the situation is to contact the employer with an attempt to negotiate.

Contrary to popular belief about the approximate vacation schedule at the enterprise, this document is as serious as staffing table... The need to approve it and strictly observe it is clearly spelled out in the Labor Code, and the right to rest is in the Constitution.

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

The employee's right to the next vacation (including the first one) is fixed in the contract and schedule. Even before the new year arrives, he definitely knows when it's time for a paid vacation. The employer needs to prove his desire or urgent need to get an extraordinary period of absence from work, even without payment.

So, they will not be able to refuse a free vacation of different lengths:

WWII veterans;
Pensioners, but only by age;
Disabled people;
Relatives of sick or dead members of the paramilitary services;
All employees, in special cases, for example - a wedding, the birth of children, the death of loved ones.

Employees who have failed to convince their superiors that the reasons for temporarily leaving the workplace are valid will have to rely only on the good mood of the leadership. If the employer decides that the production need requires the presence of a specialist, then he has every right to refuse leave at his own expense.

The employer does not leave on vacation according to the schedule - what to do?

The need to establish the priority of employees leaving on leave is defined in Article 123 of the Labor Code. The schedule is approved shortly before the onset of the calendar year, 14 days, and after that it can only be changed in exceptional cases.

The peculiarity of the schedule can be considered that it does not record the exact date of the start of the rest, but only the month of provision. In other words, if it is fixed that the employee goes on vacation in May, then his vacation can begin both on the first day and on the 31st, at the discretion of the management and taking into account the opinion of the employee. In this case, the hired person will be able to object only if the employer was late with the order and issued it later than two weeks before the start of the holiday.

If the employer issued an order and then tries to cancel it, then this is already a violation of Articles and 125 of the Labor Code of the Russian Federation. It is impossible to leave work without permission even in this case, but it is quite acceptable to take a step and contact the trade union and labor inspection. Especially if the employee not only planned the vacation, but also took measures to organize it - paid for a ticket, for example.

The employer does not let go on vacation followed by dismissal - is he entitled?

Parting with an enterprise does not often go without complications. Almost already former employee may not want to work out the time allotted by law or strive to quickly start new job... Then, it is likely that he wants to get unused vacation not in the form of compensation, but in calendar days before the date of dismissal. He has the right to ask about it, but the employer's obligation to provide it is absent there, so the manager can refuse and will also have his right.

There are few options for what can be done in such a situation, only if the rest is planned in the month of dismissal, then it makes sense to try first to receive an order to start it, and then quit. If the circumstances are different, then the employer may even refuse leave at his own expense. So, albeit with the left, but the bosses, you will have to negotiate humanly.

Do they have the right not to let a pregnant woman go on leave before decree?

Pregnancy is a special period not only in a woman's personal life, but also in production. The Labor Code leaves little chance for management to rightfully refuse most of her requests. With the issue of annual leave, the situation is similar: the expectant mother has the right to get her own not only before or after the decree, but its duration does not depend on the length of service.

The employer's opinion in this case does not matter - the entire leave prescribed by law for the current calendar year will have to be provided at the first request of the pregnant woman. There will be a chance to refuse a pregnant woman only if such a worker has already used properly all the days during pregnancy, or if the decree is still far away.

It may happen that the person remained deaf to the appeals of the pregnant woman and to the requirements of the law, then the labor inspectorate and the prosecutor's office will help to make the appropriate administrative suggestion. For a reaction on their part, it is enough to present a copy of the application with a signature on delivery to the management.

Can the employer not let go on parental leave?

It categorically grants the mother the right to take a legal break from work in order to devote herself to raising and caring for a child. Only the mother can determine how long the period she will need for this and whether she can combine caring for her offspring with part-time work. Therefore, she is entitled to parental leave (under the age of 14).

The employer only has to accept the employee's application and adjust the production and personnel plans for the time indicated in it. And also remember that for the entire period the woman needs to keep her place and vacate it as soon as she decides to return.

The rights to work and rest are one of the main rights in Russian legislation. In some cases, the conditions may be dictated by the employee, and in some by the owners of the enterprises. It is important to remember that success working together depends, among other things, on the ability to find a compromise not only in the work process, but also in the organization of rest and breaks in it. It is always more pleasant to return to work after rest, if the employee had no conflict with his superiors before it began.

Employers have the right to reschedule planned employees to another time.

This right is enshrined in current legislation.

But only if without this it is impossible to maintain the normal working regime of the company.

The answer to the question whether the employer can not let go on vacation on other grounds will always be negative.

The main condition for such a transfer is the presence of a written consent from the employee himself. No liability is provided for rejection of such offers.

Therefore, employees may not be afraid of anything if it is important for them to leave at a particular period of time.

Navigating the article

Do not let go on vacation on schedule. Is it legal?

The employer has no right to refuse leave without a serious reason. Holidays can only be rescheduled if the employee gives written consent. This procedure is formalized using a special order.

Who is always entitled to vacation

The leaders do not have the right to refuse:

One spouse, if the other took maternity leave.
Persons who have adopted a baby under the age of three.
Pregnant woman. Both before going on maternity leave and after that.
Under the age of majority.
Other categories of citizens who are in the legislation.

The listed persons do not even have to wait until the scheduled time comes. It is enough to write a statement to the management that rest is required for such and such a period of time. Can the employer not let citizens of such categories go on vacation according to the schedule? No.

Employers have no right to refuse such an application.

Providing a vacation is a must for those who have not reached the age of majority. Or working in very dangerous conditions. It is impossible to transfer the rest time for two or more years in a row. This is not allowed, even if the employee himself has given consent in writing.

If there are no privileges, then transfers and vacations are granted as usual.

Refusal and possible reasons

The law does not provide clear criteria on whether the transfer of rest time will have a positive or negative effect on the company's work. Management makes these decisions based on their personal beliefs. And be sure to coordinate them with employees.

There are just a few examples of similar situations. The company employs two lawyers who perform almost the same functions. One got a vacation.

But the second had already gone on sick leave shortly before that. In this situation, it becomes possible to postpone vacation if a lawyer is vital at this time. Rest will be postponed until the second leaves the sick leave.

The work of all employees, without exception, becomes important if the company receives an order for the manufacture of products in large volumes. But even in such cases, the answer is negative to the question of whether the employer can not let go on vacation at his own expense.

What to do when employees are not allowed to go on vacation

There are many instances that will help restore violated rights if necessary.

These are, for example, trade unions or labor inspections.

It is best to attach to the complaint all the papers confirming the very right to receive leave.

This role is usually played by a copy of the schedule.

And any documents confirming the very fact of a relationship between this manager and this employee.

Until the order for the provision of rest is issued, employees do not have the right to arbitrarily leave their places. Otherwise, there will be the right to dismiss such people because they are absent from the workplace without a serious reason.

This means that if someone goes to court with a complaint, then it is necessary to wait for consideration. And the moment when the leader will be forced to issue the appropriate order.

Before the trial, you can talk to the management. And make you understand your situation, accept the position of the other side. It is better to add that one does not want to create a conflict situation.

But that not granting leave would be a direct violation of legal rights. And that if this continues, an appeal to the appropriate authorities will follow.

Holidays without pay

Any employer can be asked to provide rest without saving wages. This right is enshrined in article 128 of the Labor Law. there is separate category persons with the unconditional right to such vacations, without waivers.

This group includes:

People with disabilities who decide to work. They receive up to 60 days a year.
Family members of those in military service. Vacation up to 14 days per year.
Working. Up to two weeks a year.
Participants of the Second World War. They are given a maximum of 35 days of vacation per year.

Vacation without saving wages can be issued in connection with the occurrence of family circumstances. The basis in any case is a written statement.

After 6 months of work

Does the management have the right to refuse leave to those who have been employed for no more than six months? Young specialists are most often concerned with such questions.

Employees are entitled to rest in virtually all situations. But only the immediate superiors have the responsibility to decide on such an opportunity.

In the case of a device not exceeding six months, the refusal does not carry the status of a violation. It will not violate any of the applicable regulations. But this is possible only until the time when vacation schedules are drawn up. And until this schedule is approved.

Before decree

Women often strive to go on official leave before registration. Then there is an opportunity to increase the paid time spent outside the workplace.

There is nothing illegal in the management's desire to avoid such situations. But the legislation still prohibits denying pregnant women.

Sanctions from the tax authorities

The tax authorities punish managers, even if a violation is identified, but the case did not go to court.

At the legislative level, they recently introduced restrictions on the maximum debt associated with the next vacation. If it is accumulated by employers above the permissible limits, it is allowed to reduce the tax base on the profit of organizations.

Then payments for such leave are referred to as required by the tax authorities. This is logical, but business owners do not like this requirement.

Let's consider one of the possible situations as a guideline. For several years, the employee did not take leave at all. Or used it, but not completely.

For example, this is associated with the accumulation of debt over 5 years. Dismissal occurs. Compensation must be paid for all vacation that has not been used.

But in the group of costs in this situation, only transfers for the last two years will appear. Another part of the debt is already beyond the legal framework.

Upon dismissal, such compensation is paid when taking into account the last average earnings. That is, it is more than when employees use the provided rest as usual.

Contacting the labor inspectorate in case of conflict

These are more radical measures than negotiating.

But not as tough as the proceedings.

After the relevant application, a special commission leaves the territory of the enterprise.

Its representatives check whether the company is in compliance with legal regulations.

This check will affect not only one, but all employees.

The application form is written, arbitrary. The main requirement is that the problem and its essence should be stated with maximum detail. Such statements are personally handed to the inspectors by hand, or sent by mail.

It is on the basis of the results of the audit that the decision is made whether to bring the employer to justice or not. Usually they are attracted on the basis of Article 5.27 of the Labor Code.

What to do if vacation pay was paid, but the employee did not go on vacation - in the video:

Ask your question in the form below

How annual leave is granted

"Regulates" vacation chapter 19 of the Labor Code of the Russian Federation. Employees whose work experience in the company exceeds 6 months can use the right to legally rest. After this period, the employee can be given rest at his request, or he can be included in the vacation schedule for the next calendar year. Exactly this document regulates the procedure for granting annual paid leave 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 sequence of vacations by signature.

Can early leave be refused?

If the employee decided to take a break before the expiration of the six-month period of work, can the employer refuse to take leave and in what case? This happens when the employee does not belong to any of the benefit categories listed below.

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

Who are these same beneficiaries? The right to go on 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 vacation at the main place of work falls on this period of time.

6. The wives of military personnel who are entitled to leave at the same time as their husbands.

Who else belongs to the privileged category

Additionally, we are talking about:

1. Veterans and invalids of war.

2. Victims of the Chernobyl accident.

3. Heroes of Russia, Socialist Labor, USSR.

4. Honorary Donors.

5. Victims at the Semipalatinsk test site.

If you do not belong to one of the listed privileged categories, but you need a vacation, say, for health reasons or for family reasons, the law does not prohibit the granting of the right to rest to such an employee. But it should be understood that this action refers to the rights, and not to the obligations of the employer. If he complies with the procedure for granting annual paid leave, the law does not have the right to oblige him to provide an ordinary employee (not a beneficiary) with rest before working out six months of work.

Is it possible to refuse a vacation on schedule?

For each calendar year, the schedule of scheduled vacations with the sequence of their provision 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. But can the employer refuse to take leave contrary to 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 law. In practice, the authorities are given the right to postpone vacation for 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 received transfer proposal.

Some nuances

A similar postponement of leave by law is possible for the next year. But here we should not forget about the prohibition of a two-year period of work without official rest. In addition, vacations for minors who work are not transferred, even if they agree.

But can an employer refuse leave without an offer of transfer? 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 leave at other times that are not documented. If an application for leave "out of turn" is submitted without special grounds, this may become a reason for a completely legitimate refusal.

Sometimes we are talking about dividing the 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 so - the manager refuses on vacation, but in return offers to pay compensation in money for his entire period. According to the law, this is impossible. Although the Code provides for an option to pay monetary compensation instead of the unrealized right to rest, it is allowed to pay in cash only for a time that exceeds the annual mandatory period of 28 calendar days.

For example, on vacation of 35 days, an employee on their own has the right to receive compensation for a period of 7 days. And, let us recall again, such a replacement of vacation days with money can take place only at the initiative of an employee, and not of a boss.

Unpaid leave - 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 amount of work experience. In this case, payment is not saved. To obtain such 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. Refusal or consent depends on how important the employee's motivation seems to the boss.

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

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

2. The statutory limit of days "without content" has not yet been exhausted by them.

1. Participants of the Second World War. For them, the limit on 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 his work duties, he is given the right to annual leave without pay for 14 days.

4. Widows or widowers who died in the service or as a result of injury, illness, injury that occurred due to industrial reasons. Here the limit is also 14 days.

5. Five days annually must be given to someone who has a birth (death, marriage) of a close relative.

This list, established by the 128th article of the Code, is not exhaustive. Additional guarantees in social sphere possible in separate statutes and internal regulatory documents employing companies. Most often, employees are rarely denied leave at their own expense.

Let's talk about women's holidays

Now we are talking about and applies to pregnant women and young mothers who went to workplace... These persons are classified as legally protected employees.

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

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

Can the employer refuse leave to a pregnant employee who is going on maternity leave, motivating it with the upcoming decree (and such situations are not uncommon)? It should be clearly understood that such a refusal is one of the most flagrant violations of labor laws.

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

It is quite legal and very convenient for the expectant mother to go on maternity leave immediately after the next vacation. If, however, 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 unequivocally positive answer to the question of whether a pregnant woman can refuse to next vacation in the very general case (when it is not yet a matter of decree). The employer may not let an adult employee go on vacation outside the agreed schedule. However, a pregnant woman enjoys additional privileges. For example, she cannot be fired for absenteeism.

But can the bosses 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 leave provided for childcare. The first as such does not apply to vacations.

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

Parental leave according to general rulesare provided until 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. The vacation ends automatically the next day (work) after the baby's three-year date of birth.

It can be provided not only to the mother, but also to any person who actually cares for the child. At the same time, the payment (rather modest, in the form social benefits) is laid down 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 of the social guarantees prescribed in the Labor Code. That is, by interrupting the decree ahead of schedule, the woman is not deprived of the right to take the same leave again if necessary.

What kind of refusals are legal?

Most of the provisions of labor legislation are focused on protecting the interests of workers. But it also contains norms that do not allow employees to abuse their rights. This includes a list of those situations when the refusal of leave by the employer is legal.

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

1. An employee who does not belong to the preferential category has requested leave during the first half of the year of performing labor duties.

2. An application in writing, duly executed (if accepted by the organization) was not submitted on time. There is no need to write an application in the case of the provision of vacations according to a predetermined schedule. In this case, it is enough to familiarize the employee in advance - 14 days in advance.

3. If the employee intends to file 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 worker.

If you were refused, be sure to ask the reasons. Knowing them, you can easily figure out how legitimate the actions of the leadership are.

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

Such vacations are provided for those citizens who combine study and labor activity... In order for claims for such leave to be justified, a number of conditions must be met:

1. Education of the corresponding level is obtained by an employee for the first time. What does this mean in practice? If a part-time student is working who does not yet have a higher education, he is entitled to student leave. But with the finished higher education he can apply for such only when studying in a master's or graduate school.

2. If a worker manages to study simultaneously in several educational institutions at once, he writes an application for a 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 worker, he is not entitled to such leave. Study leave is given exclusively at the main place.

4. It is provided only on condition of state accreditation of the educational institution where the employee receives education.

5. Mandatory document attached to the application for study leave - issued educational institution help call.

6. The duration of such leave should be within the set limit... It may be exceeded, but only by mutual agreement with the employer.

If all of the above conditions on the part of the employee are met, but nevertheless he is denied student leave, the actions of the bosses can be considered as a violation of labor laws, and they can be appealed in the prescribed manner.

It might be useful to read: