According to chapter 19 of the Labour code of the Russian Federation duration of the annual paid vacation makes 28 calendar days. However, there are circumstances under which the next holiday can be extended.
Order of providing the annual paid vacation
The labor legislation fixes obligation of providing the paid holiday annually. This situation means that each employee has to exercise every year the right for the annual paid vacation. If the worker works for the specific employer, the right for the annual paid vacation at it arises after six months from the date of employment. If between the parties the relevant agreement is concluded, annual vacation can be granted to the worker and before his length of service at this enterprise reaches half a year.
The labor code assigns a duty to grant annual vacation before the expiration of six months of work to the following categories of workers to the employer:
- To the women who are going to go on a maternity leave or after its expiration.
- To minor workers.
- To employees who adopted the child aged about three months.
Granting annual vacation for the second and the next years of work is made on the basis of the vacation schedule and their sequence which are established in the organization.
The vacation schedule is approved by the head of the organization and is obligatory for execution, both the employer, and the worker. The sequence and duration of providing holidays has to be coordinated with workers. In other words, annual next vacation is granted to workers according to their wishes and in time, convenient for them. Each employee has to be notified on the beginning of annual next vacation under a list no later than in two weeks prior to its approach.
Extension or transferring of the annual paid vacation
The annual paid vacation can be postponed in the following cases:
- Temporary disability of the employee.
- Execution by the employee of functions during this period in which he was in holiday.
- Other cases which are provided by the labor legislation and local regulations.
By also labor legislation it is established that the employer is obliged to transfer the annual paid vacation according to the written statement of the worker if the employee was not in due time warned about the beginning of this holiday or if to this employee payment for the stay period on holiday was out of time made. The labor code allows transferring of annual next vacation the next working year if providing holiday in this year can adversely be reflected in working process. Thus the period of annual vacation has to be used no later than 12 months after the termination of that year for which it is provided.
It is strictly forbidden not to grant leave within two years in a row, and also not to grant leave at all to minor employees and workers who are occupied at works with harmful or dangerous working conditions.
Division of holiday into parts
By the labor legislation it is established that duration of annual next vacation makes 28 calendar days. However the holiday period under the agreement of the employer and worker can be divided into parts, and one of parts of this holiday has to be not less than 14 calendar days.
During the period in which the worker is in the annual paid vacation, the employer can withdraw it from holiday. But the response from holiday is made only with the consent of the worker. Part of holiday which remained unused because the worker was called from holiday for execution of labor duties, can be provided the worker in any time, convenient for it, within this current year or is postponed for the next working year at the choice of the worker. The response from annual vacation is not allowed for minor employees, and also workers who fulfill labor duties in harmful or dangerous working conditions.
Holiday replacement with monetary compensation
The labor legislation provides replacement of annual next vacation with monetary compensation, however, this situation concerns only that part of holiday which exceeds 28 calendar days.
If the periods of the annual paid vacations are summarized or postponed to the next working year, with monetary compensation the part of each holiday which exceeds 28 calendar days or any number of days from this part can be replaced.
The labor code strictly forbids to replace with monetary compensation the period of the annual paid vacation to pregnant women, minor employees, and also the period of the additional holiday put to workers, occupied on harmful or dangerous working conditions.
Summarizing the above, InfoAdvisor.net can draw a conclusion that each employee has the right for the annual paid rest. This right is supported by standards of the Labour code and local regulations. If the employee did not use the right for annual next vacation, at dismissal the corresponding monetary compensation has to be paid to it.