Annual vacation. Rights And Rules.

Summer is swiftly approaching us - the most common time of holidays. And those who first encountered this "phenomenon", as well as people with a great work experience need to know their rights regarding a well-deserved rest. At what time it is provided, and on what conditions.

Annual leave is provided for by the Labor Code of the Russian Federation, which stipulates the provision of annual leave in accordance with a number of articles:

- Article 114 of the LC RF states that the employee has the right to an annual paid vacation, for which time he retains his place of work, position and average earnings ;

- in accordance with Article 115 of the LC RF, each employee is entitled to a basic paid leave of 28 calendar days. And some categories of citizens in accordance with the current legislation may be granted additional leave in the amount established by the Labor Code of the Russian Federation.

- Article 122 of the LC RF contains information that a newcomer is entitled to paid leave only after six months of continuous work at the enterprise.

Thus, every citizen of the country has the right to annual leave stipulated by the legislation of the Russian Federation. At the same time, after the expiry of the working year, the employee has the opportunity to exercise his rights at his own will, if the employer does not fulfill his obligations under this article.

As for the mandatory six months for the first leave, they include not only workdays, but also the following time intervals:

- the time at which the employee was registered for the position, but in fact, in accordance with federal legislation, in fact, he did not work, but was, for example, in the performance of public duties;

- the time during which the employee was removed from office for illegal reasons and later reinstated;

- other situations stipulated by the laws of the Russian Federation

Thus, if such periods occurred during the work of a citizen within the framework of one enterprise, then they must be included in the work experience and be enrolled in the worked six months, which enable them to exercise their right of leave in accordance with Article 122 of the Labor Code of the Russian Federation.

There are several categories of workers who, in accordance with Part 2 of Art. 122 of the Labor Code of the Russian Federation should be granted annual leave, even if the employee does not yet have six months of continuous experience in the enterprise.

Such categories include:

- Pregnant women who can exercise their right to basic leave either before or after the maternity leave;

- persons under the age of eighteen;

- A person who works in the company and took up to three months to adopt the child.

If the employer does not agree to grant leave before the expiration of six months to the above categories of citizens, they have the authority to independently exercise their vacation rights, relying on federal legislation.

In subsequent years of continuous work at the enterprise, annual leave is provided without fail to all categories of employees at any time of the year at the request of the employee himself or according to a pre-determined order in the enterprise.

If such a schedule does not exist, the employer can not prevent the employee from leaving on leave at his will, provided that the employer has notified the employer in writing at least two weeks before the start of the leave.

Under federal law, in accordance with Part 9 of Art. 136 of the Labor Code of the Russian Federation, the employer is obliged to pay the leave before the commencement of the leave not less than three days. Failure to comply with obligations by the employer entitles the employee to postpone the start date of the leave, since the law on paying annual leave until the receipt of material assets was not complied with.