Can they 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 have 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 every person has the right to an annual vacation, but what if they do not give a vacation and also threaten with dismissal.

My situation is quite banal and occurs everywhere. Employers do not want to hire permanent employees, other citizens and pay extra money during the holidays, so they take a variety of measures to keep the employee in his place.

They just told me 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 spoiled, I was late for a trip abroad with friends, and in order not to get into such a situation again, I decided to study this question in more detail, and now, here, 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 according to the 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 term for such a period is 28 calendar days. AT small firms, often, employees and management stipulate the moment orally and in the future, everyone goes to rest at the chosen time. On the large enterprises the situation is somewhat different.

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

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

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

What to do if you are not allowed to rest

It is useful for every employee to know how to go on vacation if they are not allowed to leave at the place of employment. This information is especially necessary for a situation where they do not give a vacation during the period fixed using the standard schedule.

The actions of a citizen must not contradict the provisions 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 required by law and must be granted to every citizen after six months of work;
the rest period must fit 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 must be pointed out that the use of statutory leave is not just the right of the employee, but the obligation of the employer. The solution of the issue is regulated by law.

Is it worth it to compromise with the employer?

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

Even if an employer isn't thrilled about an employee's upcoming vacation, it's always possible to find a compromise. An 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 giving the manager the opportunity to move the rest time to an earlier or later date that allows you to resolve the conflict and make a decision that satisfies each of the participants in 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 labor process and get the citizen the right period of rest.

Unfortunately, an agreement may not be reached. The boss simply refuses to sign the leave 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 manager himself will be fined 5,000 rubles. Thus, the answer to the question of whether vacation can be denied is positive, but for such violations, the company and the director personally face a fine.

Conclusion

Denying legal leave can result in a severe fine for the business and its management and lead to a large-scale audit.

Contacting labor inspection- this is a radical step on the part of the employee, but it is resorted to only in case of a complete refusal on the part of 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. 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, he definitely knows when it's time for a paid vacation. The employer needs to prove his desire or urgent need to receive an extraordinary period of absence from work, albeit without pay.

So they will not be able to refuse free vacation of different duration:

Veterans of the Second World War;
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 fail to convince their superiors of the validity of the reasons for temporarily leaving the workplace 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 let go on vacation according to the schedule - what to do?

The need to establish the order in which employees go on vacation is defined in article 123 of the Labor Code. The schedule is approved shortly before the start of the calendar year, 14 days in advance, and after that it can already be changed only in exceptional cases.

A feature of the schedule can be considered that it does not record the exact date of the start of the holiday, 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 authorities 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 arbitrarily even in this case, but taking a step and contacting the trade union and the labor inspectorate is quite acceptable. Especially if the employee not only planned a vacation, but also took measures to organize it - paid for a ticket, for example.

The employer does not let go on vacation with subsequent dismissal - does he have the right?

Parting with an enterprise does not often go without complications. Almost already former employee may not want to work out the time required by law or strive to start work as soon as possible new job. Then, most likely, you want to get unused vacation not in the form of compensation, but in calendar days before the date of termination. 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 be in his right.

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

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

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

The opinion of the employer in this case does not matter - the entire statutory leave 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 an employee has already used properly all the days during pregnancy, or if the decree is still far away.

It may turn out 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 an employer refuse to let me go on parental leave?

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

The employer can only 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 a woman needs to keep her place and release it as soon as she decides to return.

The rights to work and to rest are one of the main ones in the legislation of Russia. In some cases, the conditions may be dictated by the worker, and in others by the owners of the enterprises. It is important to remember that success joint work depends, among other things, on the ability to find a compromise not only in the labor process, but also in organizing rest and breaks in it. It is always more pleasant to return to work after a holiday, if the employee did not have a conflict with his superiors before it began.

Employers have the right to reschedule scheduled employees for another time.

This right is enshrined in current legislation.

But, only if without this it is impossible to maintain the normal operating mode of the company.

The answer to the question of 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 written consent of the employee himself. Liability due to the refusal of such offers is not provided.

Therefore, employees may not be afraid of anything if it is important for them to leave at exactly one or another period of time.

Article navigation

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

The employer has no right to refuse leave without a serious reason. Leave can only be rescheduled if the employee gives written consent. This procedure is issued with the help of a special order.

Who is entitled to leave?

Managers do not have the right to refuse:

One spouse, if the second has taken maternity leave.
Persons who have adopted an infant under the age of three.
Pregnant woman. Both before going on maternity leave, and after that.
Underage.
Other categories of citizens that are in the legislation.

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

Employers do not have the right to refuse such an application.

Leave is mandatory for those who have not reached the age of majority. Or working in very dangerous conditions. You can not transfer the time of rest for two or more years in a row. This is not allowed, even if the employee himself has agreed to writing.

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

Failure and possible causes

The law does not provide clear criteria for whether the postponement of rest periods will positively or negatively affect the work of the company. Management makes these decisions based on their personal beliefs. And be sure to coordinate them with employees.

There are only a few examples of such situations. The company employs two lawyers who perform almost identical functions. One appeared on vacation.

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

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, they negatively answer the question of whether the employer can not let go on vacation at his own expense.

What should employees do when they 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 graph.

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

Before the appearance of the order to provide rest, employees do not have the right to arbitrarily leave their places. Otherwise, there will be a right to dismiss such people for being absent from the workplace without a serious reason.

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

Before the trial, you can talk to the management. And force them to understand their situation, to accept the position of the other side. It is better to add that you do not want to create a conflict situation.

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

Leave without pay

Any employer can be asked to provide rest without saving wages. This right is fixed in article 128 of the Labor Legislation. There is separate category persons with the unconditional right to such leave, without refusals.

This group includes:

Disabled people who choose to work. They receive up to 60 days a year.
Family members of those who are in military service. Vacation up to 14 days per year.
Working . Up to two weeks a year.
WWII participants. They are given a maximum of 35 days of vacation per year.

Leave without saving wages may be issued in connection with the occurrence of family circumstances. In any case, a written statement shall serve as the basis.

After 6 months of work

Does management have the right to refuse vacation to those who have been employed for no more than six months? Young professionals are most often concerned about such issues.

The right to receive rest is reserved for employees in virtually all situations. But only the direct superiors have the duty to decide on such a possibility.

In the case of a device for no more than 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 such time as vacation schedules are drawn up. And until this schedule is approved.

Before the decree

Women often tend to go on official leave before registration. Then it becomes possible to increase the paid time spent outside the workplace.

There is nothing illegal in the desire of management to avoid such situations. But the law still prohibits denying this to pregnant women.

Sanctions from the tax authorities

The tax authorities punish executives, even if a violation is revealed, but the case has not gone to court.

At the legislative level, restrictions have recently been introduced on the maximum debt associated with the next vacation. If it accumulates with employers above the allowable limits, it is allowed to reduce the tax base on the profits of organizations.

Then payments for such a vacation are subject to the requirements of the tax authorities. This is logical, but business owners do not like this requirement.

Consider one of the possible situations as a guideline. For several years, the employee did not use vacation at all. Or used it, but not completely.

For example, this is due to the accumulation of debt for 5 years. There is a layoff. Compensation must be paid for all holidays that were not used.

But in the cost group in this situation, only transfers for the last two years will appear. Another part of the debt is already beyond the bounds of legality.

Upon dismissal, such compensation is paid 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 drastic measures than negotiations.

But not as tough as trials.

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

Its representatives check whether the company complies 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 in the hands, or sent by mail.

It is on the basis of the results of the audit that a decision is made on whether to hold the employer liable or not. Usually attracted on the basis of article of the Labor Code number 5.27.

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 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. Exactly this document 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. It does not depend on the size seniority. 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 fulfill labor obligations, he is granted the right to annual leave without maintenance 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 must be given without fail to someone who has 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 are possible in separate legislative acts and internal 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 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 of labor laws.

In fact, the fact of pregnancy "works" not for the employer, but for the employee. She goes into the category of "beneficiaries" and may request another vacation outside the 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 next vacation in the very 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 benefit) 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 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 does not belong to the preferential category requested leave during the first half of the year of performance of labor 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, an application for study leave he writes 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 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 must be within set 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.

It might be useful to read: