The procedure for granting leave is approvedThe Labor Code of the Russian Federation. Article one hundred and twenty-first of this legislative act gives an explanation of the procedure for calculating the length of service. This indicator is the basis for the employer to provide his employee with annual paid non-working days, which is enshrined in article one hundred and twenty-second of the same document.
The procedure for granting leave is based onthe ability of an employee to exercise his right annually. From the moment of admission to the organization of the organization to the provision of paid free days, a period of half a year must pass. This period can be shortened if agreement is reached between the parties. Holidays up to six months of work can take:
- women before or after maternity leave;
- workers who are under the age of eighteen;
- adoptive parents of a child of infant age (up to three months);
- employees in other cases, in accordance with legislative acts.
The order of granting of holidays, at the experience of workin the given organization more than one year, is carried out according to the schedule which is for the enterprise by the local certificate. Its compilation is made annually and is supervised by the head of the enterprise. This takes into account the opinion of the trade union body. The schedule of holidays is obligatory for execution by the document both for the head of the organization, and for each worker.
Exceptions are separate categoriesemployees, when the periods of paid free days they have the right to choose independently. So, for example, the granting of leave to the husband can be made during that time when his wife is on leave due to pregnancy and childbirth. At the same time, the length of service in the organization does not matter.
The order of granting of holidays to workersenterprises that have not reached the age of eighteen are also established by law. Annual paid days off for them should only be in the summer, regardless of the length of service in the organization. At the request of this category of workers vacation can be any time convenient for them.
This right can also be used by some other categories of members of the labor collective listed in the regulatory enactments.
The procedure for granting leave in the event that it is necessary to postpone or extend it, explains article number one hundred and twenty-four. The increase in the period of paid non-working days is possible in the following cases:
- offensive during the period of temporary disability leave of the employee;
- performance of state duties during the period of the next holiday, if the legal acts provide for exemption from work during participation in them;
- the presence of other reasons provided for by local acts of the enterprise and by law.
The procedure for granting the next leave can be changed by agreement between the employee and the head in the case;
- delays in due payments for days off;
- late notification of the start time of the holiday period, which must be made no later than fourteen days.
If the absence of an employee affectsefficiency of the enterprise, it can be postponed for the next year, but not later than the period of twelve months, in agreement with it. Legislative acts do not allow an organization employee to refuse regular paid days off during a two-year period. Every year, employees who are under the age of eighteen years of age and who participate in a production process that has dangerous or harmful factors that adversely affect their health should go on vacation.
